Supreme Court Cases
What case established Judicial Review?
Marbury v. Madison
The 1803 case gave the Supreme Court the power to declare laws unconstitutional.
The power of the courts to declare laws unconstitutional.
Judicial Review
This allows courts to strike down laws or actions that violate the Constitution.
These are the trial courts of the federal system
District courts
District courts are where most federal cases begin.
The official who nominates federal judges
The President
The president chooses federal judicial nominees.
According to Hamilton, this branch is the "least dangerous" to peoples political rights
Judicial Branch
Hamilton argued the judiciary is least dangerous because it has neither the power of the purse or the sword.
What case established the seperate but equal clause?
Plessy v. Ferguson
The court ruled racial segregation was constitutional if facilities were "equal."
The principle of following previous court decisions.
What is stare decisis
Courts use precedent from earlier cases when deciding similar cases.
These courts review decisions made by district courts.
Courts of appeals
These courts hear appeals from district courts.
The house that confirms federal judges
The Senate
The Senate votes to approve or reject judicial nominees.
Hamilton argued the judiciary is limited because it cannot enforce laws or control funding, meaning its power depends on this function.
Interpreting the law/judgment
The judiciary relies on other branches to enforce its decisions.
What case overturned Plessy v. Ferguson?
Brown v. Board of Education
The court ruled segregated public schools were unconstitutional.
The authority of a court to hear a case for the first time.
What is original jurisdiction
Trial courts typically have original jurisdiction over cases.
The highest court in the US
The Supreme Court
It is the final authority on constitutional interpretation.
Federal judges serve this type of term
Life long term with good behavior
Federal judges serve for life unless they resign, retire, or are removed.
Federalist 78 argues judges should hold office under this condition.
Good Behavior
Hamilton supported life tenure during good behavior to protect judicial independence.
What case protected the rights of criminal defendants to an attorney?
Gideon v. Wainwright
States must provide attorneys to defendants who cannot afford them.
The authority of a higher court to review a lower court's decision.
What is appellate jurisdiction
Appeals courts use this to review legal errors in lower courts rulings.
The number of justices currently on the Supreme Court
Nine
There are eight associate justices and one chief justice.
The process used to remove federal judges from office
Impeachment
Judges may be impeached by the House and removed by the Senate.
Hamilton argued courts must have the power to declare laws void if they conflict with this.
The Constitution
Because the Constitution is the supreme law, courts must strike down unconstitutional laws.
What case established the clear and present and danger test?
The court ruled speech can be limited if it poses a clear danger.
A written explanation of the Court's descision that becomes precedent.
What is majority opinion
The opinion explains the reasoning of the justices in the majority.
The constitutional article that establishes the judicial branch.
Article III
Article III creates the Supreme Court and authorizes lower federal courts.
The Senate committee that holds hearing on federal judicial nominees before confirmation.
Senate Judiciary Committee
This committee reviews nominees, conducts hearings, and recommends confirmation or rejection.
Hamilton believed judicial independence was necessary primarily to protect this from majority or legislative abuse.
Individual Rights/ The Constitution/ Minority Rights
Independent judges help guard constitutional rights against unjust laws or popular pressure.