Checks & Balances
The ability for the courts to declare actions made by Congress and the legislature unconstitutional
What is Judicial Review?
This is the term for the written order the Supreme Court issues when it agrees to hear a case
What is a writ of certiorari?
This article of the U.S. Constitution establishes the Judicial Branch
What is Article 3?
This 1803 case established the principle of judicial review, which allows the Supreme Court to declare laws unconstitutional
What is Marbury v. Madison?
This is the highest court in the United States.
What is the Supreme Court?
The president's ability to nominate all federal justices
What is Presidential Nomination?
Before the Supreme Court hears oral arguments, both parties submit these written legal arguments
What are briefs?
These are the only courts created directly by the Constitution
What is the Supreme Court?
The plaintiff, William Marbury, was seeking this from the Court, claiming that his commission had been unlawfully withheld
What is a writ of mandamus?
This type of court has the authority to hear a case first, before any other court.
What is original jurisdiction?
The president's ability to reprieve individuals convicted of federal crimes
What is Pardon(ing)?
In a 5–4 decision, this opinion reflects the views of the majority of justices
What is the majority opinion?
The U.S. is divided into this many federal judicial circuits for the Courts of Appeals
What is 13?
This man was the Secretary of State who failed to deliver Marbury’s commission, leading to the case
Who is James Madison?
The principle that past decisions should guide future rulings is known by this Latin term.
What is stare decisis?
Congress's and the state's ability to pass a constitutional amendment to override a Supreme Court decision
What is Amending the Constitution?
When a justice agrees with the majority outcome but for different legal reasons, they write this type of opinion
What is a concurring opinion?
This court has original jurisdiction over most federal cases, meaning cases usually start here
What is a U.S. District Court?
Chief Justice John Marshall ruled that this part of the Judiciary Act of 1789 was unconstitutional, thus asserting the Court’s power of judicial review
What is Section 13 of the Judiciary Act of 1789?
A justice who believes the Court should avoid making policy and limit itself to interpreting law is practicing this judicial philosophy.
What is judicial restraint?
Congress's ability to remove federal judges for misconduct
What is Judicial Impeachment?
This type of opinion is written by justices who disagree with the Court’s decision
What is a dissenting opinion?
These judges are appointed for life and serve during “good behavior,” according to the Constitution
Who are Article 3 judges?
This U.S. Chief Justice wrote the opinion in Marbury v. Madison
Who is John Marshall?
This term describes the authority of higher courts to review decisions made by lower courts.
What is appellate jurisdiction?