Govpol Judicial Branch

Article III

Establishes Judicial Branch, detailing Supreme Court authority & federal judicial power scope.

Federalist No. 78

Hamilton's essay advocating judicial independence & judicial review power.

Structure of Federal Court System

District Courts: trial courts for federal cases. Circuit Courts: review district court decisions. Supreme Court: highest court resolving constitutional questions.

Civil Cases vs. Criminal Cases

Civil: disputes over rights/obligations. Criminal: government prosecutions for law violations.

Original vs. Appellate Jurisdiction

Original: authority to hear case first. Appellate: authority to review lower court decisions.

Judicial Review

Power to declare legislative/executive actions unconstitutional, ensuring checks & balances.

Judiciary Act of 1789

Established federal judiciary, including lower courts.

Marbury v. Madison

1803 case where Marshall established judicial review principle.

Precedent

Prior judicial decisions guiding future cases.

Stare Decisis

Doctrine of adhering to precedents for legal consistency.

Writ of Certiorari

Supreme Court order to review lower court decision.

Rule of Four

At least 4 Supreme Court justices must agree to grant certiorari.

Amicus Curiae

"Friend of the court" briefs from non-litigants with case interest.

Petitioner & Respondent

Petitioner: requests higher court review. Respondent: opposes petition.

Judicial Restraint vs. Activism

Restraint: judges defer to other branches unless clear constitutional violation. Activism: judges interpret Constitution to address modern issues, overturning precedent if needed.

Living Constitution vs. Originalism

Living: Constitution evolves over time. Originalism: meaning fixed at adoption.

Strict vs. Loose Construction

Strict: literal, narrow interpretation. Loose: broader, context-based interpretation.

Liberal vs. Conservative Justices

Ideological leanings influencing constitutional interpretation & decisions.

Congressional Checks

Alter judiciary structure/jurisdiction, impeach judges.

Presidential Checks

Nominate judges, grant pardons.

Judicial Checks

Declare legislative/executive actions unconstitutional.

Influential Chief Justices

John Marshall expanded Court authority.

The Nuclear Option

Senate rule allowing simple majority to override filibuster for judicial nominations.

Litmus Test

Evaluating nominee’s stance on key issues to predict rulings.

Challenges in Confirmation

Partisan conflicts delaying or derailing nominations.

Enforcement of Supreme Court Decisions

Relies on executive branch & state authorities.

Political Influence in Confirmation

Senate partisanship affects approval process.

Political Influence in Judicial Philosophy

Presidents nominate ideologically aligned judges.