APGOV QUIZ

Foundations of judicial branch powers

Comes from Article III, judicial review, and Congressional legislation

• Much of the judiciary’s power has been defined through court cases and laws passed by Congress

• Judicial review is implied

Article III of the Constitution

Establishes the judicial branch, creates the Supreme Court, and authorizes Congress to create lower federal court

• Judges serve life terms during “good behavior”

Federalist No. 78

Written by Alexander Hamilton, argues that the judiciary would be the least dangerous branch because it doesn’t have power of the sword or the purse

• Defends judicial review

• Emphasizes judicial independence

Marbury vs Madison

Landmark Supreme Court case that established judicial review, giving the Court the power to declare acts of Congress unconstitutional

• Strengthened the power and legitimacy of the Court

Stare Decisis

“to stand by things decided”

• Courts rely on precedent/past judicial decisions when ruling on new cases

• Promotes stability and predictability

• Can be overturned

Precedent

Past court ruling that serves as a guide or rule for future, similar cases

Ideological Changes in the Composition of the Supreme Court

Changes in the Court’s ideological balance occur when justices retire or die and are replaced by nominees with different judicial philosophies

• Presidents influence the Court long-term through appointments

Judicial Activism

Judges should interpret the Constitution broadly and are willing to overturn laws or precedent to protect rights

Judicial Restraint

Judges should defer to elected branches, uphold laws unless clearly unconstitutional, respect precedent

Strict Constructionism

Interpreting the Constitution literally and narrowly, limiting federal power

Loose Constructionism

Interpreting the Constitution broadly, allowing implied powers

Checks on the Supreme Court by the Other Branches

The Supreme Court is subject to checks from Congress and the president

• President appoints justices

• Senate confirms nominees

• Congress can change court size, amend the Constitution, alter appellate jurisdiction

• Justices can be impeached

Judicial Implementation

The process of enforcing and carrying out court decisions

• Difficult because courts lack direct enforcement power

• State and local governments may resist

• Decisions may be vague or controversial

Incorporation Doctrine

Process by which the Bill of Rights have been applied to the states through the 14th Amendment’s due process clause

Structure of the Court System

1. District Courts (trial courts)

2. Courts of Appeals (review district court decisions, ensuring laws were applied correctly)

3. Supreme Court (highest court)

How many Federal Courts are there?

• 94 District Courts (original jurisdiction)

• 13 Courts of Appeals (12 regional + DC Circuit)

• 1 Supreme Court

Original Jurisdiction

Court hears a case first

Appellate Jurisdiction

Court reviews decisions of lower courts

Concurrent Jurisdiction

Both state and federal courts can hear a case

Significance of Written Opinions

Explain the Court’s reasoning and establish precedent

• Crucial for explaining legal decisions, accountability, guiding future conduct

Majority opinion

Official ruling

Concurring opinion

Agrees, different reasoning

Dissenting opinion

Disagrees

Amicus Curiae Brief

“friend of the court” brief submitted by individuals or groups not directly involved in a case to provide additional information or perspectives

• Interest groups

• Civil rights organizations

• Businesses

How cases make it to the Supreme Court

• Via a writ of certiorari

• Rule of Four: 4 justices agree to hear a case

  • Choose cases involving conflicting lower court decisions, constitutional issues, national importance