AP gov semester exam review for Judicial branch

Article III of the Constitution

Establishes the judicial branch, creates the Supreme Court, allows Congress to create lower federal courts, grants life tenure, defines judicial jurisdiction, and defines treason

Life Tenure for Federal Judges

Ensures judicial independence, protects from political pressure, allows decisions based on law not public opinion, prevents retaliation from other branches

Jurisdiction

Authority of a court to hear and decide a case

Original Jurisdiction

Court hears a case first

Appellate Jurisdiction

Court reviews lower court decisions

Exclusive Jurisdiction

Only federal courts may hear certain cases

Concurrent Jurisdiction

Both state and federal courts may hear a case

Jurisdiction by Court

District courts have original jurisdiction; Courts of Appeals have appellate jurisdiction; Supreme Court has limited original jurisdiction and appellate jurisdiction

Path to the Supreme Court

Case begins in district court → appealed to court of appeals → party files writ of certiorari → Rule of Four decides if Supreme Court hears the case

Stare Decisis

Doctrine of following precedent to maintain stability, consistency, and predictability in the law

Precedent

Past court decisions used as a guide for future rulings

Majority Opinion

Official ruling of the Court

Concurring Opinion

Agrees with outcome but for different reasons

Dissenting Opinion

Disagrees with the majority decision

Senatorial Courtesy

President consults home-state senators before nominating a judge

Blue Slip

Senate tradition allowing home-state senators to approve or block nominees; recently less influential for circuit court judges

Litmus Test

Test of a nominee’s stance on key issues (e.g., abortion, gun rights)

Factors Influencing Judicial Appointments

Ideology, party loyalty, judicial philosophy, professional qualifications, demographics, Senate confirmation chances

Confirmation Process

President nominates → Senate Judiciary Committee hearings → committee vote → full Senate vote → judge commissioned

Judicial Review

Power of courts to declare laws unconstitutional; established in Marbury v. Madison (1803)

Strict Construction

Interpret Constitution narrowly, based on original meaning

Loose Construction

Interpret Constitution broadly, adapting to modern conditions

Judicial Activism

Courts take an active role in shaping public policy

Judicial Restraint

Courts defer to elected branches unless law clearly violates Constitution

Checks on Judiciary by Executive

Appoints judges, grants pardons

Checks on Judiciary by Legislative

Confirms judges, impeaches judges, changes court size, passes constitutional amendments

Fiscal Policy

Government use of taxes and spending to influence the economy; managed by Congress and President

Monetary Policy

Control of money supply and interest rates; managed by the Federal Reserve

Entitlements

Mandatory spending programs required by law (e.g., Social Security, Medicare)

Discretionary Spending

Spending set annually through the budget process (e.g., defense, education)