Foundations of Power
This article establishes the Supreme Court of the United States
Article III
A justice who disagrees with the majority's ruling would write this
Dissenting opinion
A judicial decision that guides future courts in handling similar cases
Precedent
Federal judges are appointed by ____
President
Written arguments submitted to the courts in support of one side of a case. They usually include additional, relevant information or arguments the court may want to consider before making their ruling.
Amicus curiae briefs
According to the Constitution, federal judges serve ___
For life (during "good behavior")
This is the court's power to declare laws and actions unconstitutional
Judicial review
A theory of interpreting the Constitution that argues the document evolves and adapts to new circumstances, without being formally amended
Living Constitution
Federal judges are confirmed by ___
Senate
This Federalist Paper argued that federal judges need to be independent, which can be best achieved through life tenure
Federalist 78
The legal doctrine under which courts follow legal precedents when deciding cases with similar facts
Stare decisis
A theory of interpreting the Constitution that argues it should be interpreted as it was understood at the time of its adoption
Originalism
A federal judge can be removed through this constitutional process
Impeachment
Marbury v. Madison established this
Judicial review
This philosophy asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts
Judicial activism
Most cases heard by the Supreme Court fall under this type of jurisdiction
Appellate
This branch can check the Supreme Court by delaying implementation of one of their decisions/rulings
Executive
According to Hamilton, the Judicial Branch is the weakest of the 3 branches because they don't have power over these TWO things
Sword (military) & purse (budget)
This philosophy asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent
Judicial restraint
When SCOTUS agrees to hear a case, they grant this
Certiorari
This is one way the Legislative Branch can limit the Supreme Court's power
1. Pass legislation modifying the impact of prior SCOTUS decisions
2. Propose a constitutional amendment
3. Change the Supreme Court's appellate jurisdiction
4. Alter the number of justices on the Supreme Court