2.8-2.11 AP gov JUDICIAL branch

Article III

Constitutional section creating the Judicial Branch and Supreme Court.

Life Tenure

Federal judges hold office for life (during good behavior).

Federalist 78

Hamilton essay justifying judicial review and life tenure.

Marbury v. Madison

1803 case establishing Judicial Review.

Judicial Review

Power to declare laws or actions unconstitutional.

Judiciary Act of 1789

Established the three-tiered federal court system.

US District Courts

Trial courts of the federal system (original jurisdiction).

US Circuit Court of Appeals

Appellate courts that review District Court decisions.

Writ of Certiorari

Supreme Court order to a lower court to send up case records.

Writ of Mandamus

Court order requiring a government official to perform a duty.

Jurisdiction

A court's authority to hear a case.

Appellate

Power of a higher court to review a lower court's decision.

Precedent

A previous court decision used as a guide for future cases.

Stare decisis

Legal principle

Advice and Consent

Senate's power to approve presidential appointments (like judges).

Rule of four

Four Supreme Court Justices must agree to hear a case (grant cert).

Opinion

The court's written explanation of its legal reasoning and decision.

Judicial activism

Judges letting personal views influence decisions, often striking down laws.

Judicial restraint

Judges deferring to the legislature and sticking to text/precedent.

The Nuclear Option as it pertains to the Judicial Branch

Senate change to approve judges with a simple majority (ending filibuster).