Constitutionality
Which article of the Constitution establishes the judicial branch?
Article III
Dual: State and Federal
What are three things a president may consider when nominating someone to the Supreme Court?
Political Affiliation, Moral Character, Litmus Test, Gender, Age ect.
Federalist or Anti-Federalist
“No state shall enter into any treaty, alliance, or confederation”
Federalist
The power of the government is held in the hands of the people
Popular Sovereignty
What level of court/courts did the Constitution establish?
The Supreme Court
What does the district courts do/ what kind of jurisdiction does it have?
Hears civil and criminal cases for the first time. Original jurisdiction
To stay consistent and not get swayed by voters.
Federalist or Anti-Federalist
“In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”
Anti-Federalist
Separation of Powers
How are district courts and appeals courts created?
Congress
What does the Federal Circuit Courts do/ what type of jurisdiction do they have?
They hear appeals from the district court, appellate jurisdiction
Which Supreme Court Case established the principle of Judicial Review
Marbury v Madison
Federalist or Anti-Federalist
If the new Constitution be examined with accuracy and candor, it will be found that the change which it proposes consists much less in the addition of NEW POWERS to the Union, than in the invigoration of its ORIGINAL POWERS. The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose, and from which no apprehensions are entertained. The powers relating to war and peace, armies and fleets, treaties and finance, with the other more considerable powers, are all vested in the existing Congress by the articles of Confederation. The proposed change does not enlarge these powers; it only substitutes a more effective mode of administering them.
Federalist
The government is prohibited from becoming too powerful
Limited Government
How do federal court judges and justices get their jobs?
The President nominates them and the senate confirms them
What does the Supreme Court do/ what type of jurisdiction?
Final deciding factor and has both original and appellate jurisdiction
What court case strengthened free speech rights for students?
Tinker v Des Moines
Which Principle?
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United STates; If he approves he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated…”
Limited Government
Checks and Balances
What is the judicial branches job in regards to laws?
to interpret the law/ make sure they are following the Constitution.
How can a case make it to the Supreme Court? (Both Ways)
State- State trial- State Appeals- State Supreme- US Supreme
Federal- District Court- Circuit Court- Supreme Court
Which President nominated each of the justices to the Supreme Court?
Alito, Brown Jackson, Coney Barrett, Gorsuch, Kagan, Kavanaugh, Roberts, Sotomayor, Thomas
Alito- W. Bush
Brown Jackson- Biden
Coney Barrett- Trump
Gorsuch- Trump
Kagan- Obama
Kavanaugh- Trump
Roberts- W. Bush
Sotomayor- Obama
Thomas- H.W. Bush
Which Principle?
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; If he approves he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated…”
Checks and Balances
Power is divided between multiple levels of government, state and federal
Federalism