JUDICIARY + SUPREME COURT + CASES

District courts

The lowest level of the federal court system.

U.S. courts of appeals

The intermediate level of the federal court system; there are 13 circuits.

Courts of appeals

Review district court decisions and do not normally hear new evidence or use juries.

Federal judge selection

Federal judges are nominated by the president and approved by the Senate.

Constitutional requirements for federal judges

There are no constitutional requirements for age, citizenship, residency, or professional credentials.

Supreme Court original jurisdiction

The Supreme Court has original jurisdiction in a limited set of cases, including those involving foreign diplomats.

Writ of certiorari

An order directing a lower court to send up the record of a case for Supreme Court review.

Supreme Court certiorari grants

The Supreme Court grants certiorari in fewer than 100 cases each year.

Amicus curiae brief

A "friend of the court" brief presenting the views of an interest that is not a direct party to the case.

Stare decisis

Adherence to precedent.

Precedent

A judicial decision that establishes a rule for settling subsequent similar cases.

Judicial review

The Supreme Court's power to declare another institution's action unconstitutional.

Plurality opinion

An opinion representing the reasoning of most justices siding with the winning party when there is no majority opinion.

Dissenting opinion

An opinion that disagrees with what the majority decided.

Concurring opinion

A separate view by a justice who votes with the majority but disagrees with or expands upon its reasoning.

Federalist No. 78

Addresses the judiciary's role and the basis for determining that a law is unconstitutional.

Original meaning

An approach to constitutional interpretation focusing on the original meaning of the Constitution.

Living constitutionalism

An approach allowing constitutional meaning to develop in response to changing circumstances.

West Virginia State Board of Education v. Barnette

A case involving compulsory flag salute and Pledge of Allegiance requirements in public schools.

Tinker v. Des Moines Independent Community School District

A case involving student and teacher free speech/expression rights and the substantial disruption standard.

Engel v. Vitale

A case addressing school-sponsored or school-led prayer and Establishment Clause issues.

Abington School District v. Schempp

A case addressing school-sponsored religious activity and Establishment Clause issues.

Santa Fe Independent School District v. Doe

A case involving student-led prayer at school events and Establishment Clause issues.

Kennedy v. Bremerton School District

A case involving school-related prayer and Establishment Clause issues.

Citizens United v. Federal Election Commission

A case addressing restrictions on corporate and union independent spending in federal election campaigns.

Incumbent reelection difficulties

Incumbents can face difficulties due to disruptive national issues, misconduct or corruption charges, midterm elections, or vulnerability to outside spending.

Bill legislative process

Mark-up → conference committee when needed → potential presidential veto → possible veto override.

Impeachment process

Forced removal of a president requires action by the House and Senate in separate proceedings.

Case path to the Supreme Court

Most cases reach the Supreme Court through a writ of certiorari.