Courts
The highest court in the land. According to article 3 of the Constitution the judicial power of the US government is vested in this court.
Supreme Court
What is a concurring opinion?
An opinion that agrees with the majority opinion, but differs on reasoning
Describe a Strict-Constructivist
A judge who tries to base their decisions on the founders intentions when they wrote the Constitution
How did Alexander Hamilton describe the judicial branch in terms of the power it wields?
The least dangerous branch
writ of certiorari
an order by the court directing a lower court to send up the record in a given case for its review
What is a major difference in the types of cases heard by the District Courts and the Circuit Courts?
District Courts hear new cases (original jurisdiction), while Circuit Courts hear appeals (appellate jurisdiction)
How can the court act as a policy maker?
Court decisions can set precedent and have in the past expanded/codified rights and liberties. Marshall expanded judicial power, Warren expanded rights, Rehnquist clarified federalism
Describe a judicial activist
A judge who seeks to apply justice, beyond the normal extent of the law. Consider broad social implications, but don't look at the founding father's intentions of the Constitution
This person was chief justice during Marbury v. Madison and is considered one of the most important supreme court justices in history
John Marshall
Appellate jurisdiction
the jurisdiction of courts that hear cases brought to them on appeal from lower courts
According to Article 3 of the Constitution who has the power to establish or remove inferior courts?
Congress
What can the Executive Branch do if it does not agree with a ruling of the Supreme Court?
Do as little as possible to enforce it (remove funding from the part of the bureaucracy)
In rare cases not enforce it entirely
Define Judicial Restraint
The idea that the Judicial Branch shouldn't interfere with the actions of other branches unless they are wholly unconstitutional. Judicial branch is least democratic so should have the least power.
The principle of the American legal system where courts can strike down laws for being unconstitutional was established by the precedent set by Marbury v. Madison. It was also mentioned in Federalist 78
Judicial Review
Exclusive Jurisdiction
authority of federal courts alone to hear and decide cases
Under what circumstances would the Supreme Court have original jurisdiction?
Cases impacting ambassadors/foreign minsters/consuls
Cases where states are a party
What are the steps of the process when Supreme Court Justices decide to hear a case or not?
1. Clerks of the chief justice review the different cases
2. Cases are distributed to the different justices for them to review and either approve or deny
3. Cases that are approved make it to the discuss list, if 4+ justices vote to hear it then it makes it to the Supreme Court
What is a famous case that overturned the precedent set by an older case.
Brown v. Board overturned Plessy v. Ferguson
West Coast Hotel Co. v. Parrish overturns Lochner v. New York
Loving v. Virginia overruled Pace v. Alabama
Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade
Lawrence v. Texas overruled Bowers v. Hardwick
Why was Alexander Hamilton insistent on providing justices with life tenure and salary protections?
To guarantee the judiciary remained independent from the control of elected officials
Stare Decisis is a Latin phrase that roughly translates to
Let the decision stand
What are the 3 types of cases that will go to the federal court system?
1. Cases Involving a federal question
2. They present a federal question based on a claim under the Constitution, a treaty with another nation, or a federal statute
3. A suit between two people from different states with the $ in question exceeding $75,000
What are 3 factors that could increase the chances the Supreme Court hears the case (according to your book)
The Supreme Court struck down many of FDR's New Deal Programs in the early 1930s, but ended up reversing many of these decisions later in the decade. The Constitution didn't change so what did?
Public Opinion
Summarize what the 3 sections of Article 3 of the Constitution discuss
1. Judicial power vested in the Supreme Court, Congress can create/abolish inferior courts
2. Jurisdiction of the courts. What cases fall under federal jurisdiction? When does the Supreme Court have original jurisdiction?
3. What qualifies as treason and what are the punishments
amicus curiae. Need what it means in Latin and legal definition
A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side