Article III
Article III only specifically references this highest court of appeal.
What is the Supreme Court?
This landmark Supreme Court case established the power of Judicial Review
What is Marbury v. Madison?
"To be made more certain" or the rule of 4
What is a writ of certiorari?
What is appointment power? (appointment clause)(Nominate)
This case dealt with campaign finance limits.
1. Case name
2. Constitutional Principle
3. Law that was struck down via judicial review
- What is Citizens United?
-1st Amendment (Free Spech)
-Bipartisan Campaign Reform Act (McCain-Feingold)
According to Federalist 78, the judiciary must be free from this kind of pressure in order to function fairly.
What is political pressure?
(Judges are supposed to be above politics)
According to the Constitution, this branch of government has the power to create lower federal courts beneath the Supreme Court.
What is Congress?
Interest Groups can exert influence on federal courts, even if they aren't directly involved in a case, by issuing one of these. "Friend of the Court"
What is an amicus curiae brief?
The Senate can directly influence the federal courts with this power
What is the advice and consent of nominees?
These two required cases that deal with reapportionment, redistricting, and gerrymandering
What is Baker v. Carr (1962)?
What is Shaw v. Reno (1995)?
If the Supreme Court declares something unconstitutional, describe the difficult and rare mechanism that can be done to make it constitutional?
What is amend the constitution?
Article V
2/3's Congress 3/4's States
To ensure their independence, federal judges are given this
What is lifetime tenure?
This principle encourages courts to follow rulings from previous cases to maintain consistency in the law.”
What is stare decisis?
A judge has been taking bribes that are influencing their decisions. What recourse does Congress have?
What is impeachment?
House - impeaches
Senate - conducts trial
In the case New York Times v. United States, the government attempted to stop the publication of the top secret Pentagon papers. What is this concept known as this
What is prior restraint?
This doctrine refers to the court’s ability to decide whether it can hear a case at all.
What is standing?
"The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two... the Constitution ought to be preferred to the statute."
What is Hamilton referring to here?
What is judicial review?
In order to bring a case to court, a person must have this — a legal reason to sue that shows they have been directly affected by the issue in question.
What is standing?
Courts can strike down this type of bureaucratic action if it is deemed to violate a citizen's rights or be outside the scope of the agency's power.
What are regulations?
These two required cases deal with the concept of Federalism
What is McCulloch v. Maryland (1819)?
What is US v. Lopez (1995)?
Hamilton, in Fed 78, claimed the judiciary had “neither the power of the sword nor the purse,” meaning what?
The Judicial Branch relies on the other branches to carry out their decisions
(Executive - Sword)
(Legislative - Purse)
This judicial philosophy occurs when judges are more likely to strike down laws or set new precedents based on modern interpretations of the Constitution and perceived societal needs.
What is Judicial Activism?
This type of jurisdiction allows the Supreme Court to hear a case first, rather than on appeal, and it is primarily granted in cases involving disputes between states or cases involving ambassadors.
What is original jurisdiction?
This judicial philosophy argues that judges should interpret the Constitution narrowly and avoid overturning laws unless they clearly violate the Constitution, often deferring to the other branches of government.
What is Judicial Restraint?
In this controversial 1944 case, the Supreme Court upheld the government’s internment of Japanese Americans during World War II, ruling that national security interests could outweigh individual rights.
What is Korematsu v. United States (1944)?