Supreme Court Justices
How does a person become a Supreme Court Justice?
The President nominates a candidate, the Senate Judiciary Committee holds confirmation hearings, and the full Senate votes on confirmation.
Where was the Supreme Court originally located?
Basement of Congress
What did Alexander Hamilton argue in Federalist No. 78 about the judiciary?
He described the judiciary as the “weakest” branch but emphasized the importance of judicial review.
What is voir dire?
The process of questioning potential jurors to determine if they are suitable for a trial.
What is the job of the courts according to Federalist No. 78?
To interpret laws and determine their constitutionality.
What happens after a Supreme Court Justice is confirmed?
They are sworn in and serve a lifetime appointment unless they retire, resign, or are impeached.
What was the role of Supreme Court Justices in the early years?
They "rode circuit," traveling to different courts across the country to hear cases.
Why did Hamilton believe the judiciary is the weakest branch?
Because it lacks control over the military (executive branch) and money (legislative branch)
What is a peremptory challenge?
A lawyer’s ability to reject a potential juror without stating a reason
Why did John Jay resign as Chief Justice?
He preferred being Governor of New York over serving on the Supreme Court.
What happens if the Senate rejects a Supreme Court nominee?
The process starts over, and the President nominates another candidate.
What was the Judiciary Act of 1789?
It established the federal court system, created judicial districts, and set up the Office of the Attorney General.
What is judicial review?
The power of the courts to determine the constitutionality of laws and government actions.
What is the ethical dilemma for a defense lawyer representing a client they know is guilty?
Lawyers must provide a legal defense regardless of personal beliefs to ensure fair trials.
Why do Supreme Court Justices serve for life?
To ensure judicial independence and protect them from political pressures.
What role does the Senate Judiciary Committee play in the Supreme Court nomination process?
They hold hearings, question the nominee, and vote on whether to recommend them for confirmation.
How many Justices were originally on the Supreme Court under the Judiciary Act of 1789?
6
What is the significance of the Supremacy Clause (Article VI)?
It establishes the Constitution as the supreme law of the land, meaning all laws must comply with it.
What is the principle behind the statement: "It is better that ten guilty persons go free than that one innocent person suffer conviction"?
It emphasizes the importance of protecting individual rights and preventing wrongful convictions.
What is the main check the judiciary has on the legislative and executive branches?
Judicial review—declaring laws or executive actions unconstitutional.
Which part of the Constitution outlines the process for appointing Supreme Court Justices?
Article 2 Section 2
Who was the first Chief Justice of the United States? (Don't need to know for test)
John Jay
What is the concept of popular sovereignty?
The idea that government power comes from the people, and the Constitution reflects their collective will.
If you were a defense attorney questioning jurors at the voir dire in a murder trial, what questions would you ask potential jurors?
Open ended question
How does the Supreme Court decide which cases to hear?
They use the “Rule of Four,” meaning four Justices must agree to grant a writ of certiorari for a case to be heard.