Judicial Branch Study Guide

Living Constitution

Constitution should be interpreted how modern society would interpret it (only applies to Constitution interpretation)

Originalism

• going back to when the Constitution was created to interpret it

original meaning (textualism)- interpret based on what text says

original intent- what were the intentions of the Framers (regardless of what text says)

Judicial Review

power of Supreme Court to decide whether the actions of the other branches are Constitutional

Judicial Restraint

narrow interpretation of the law, follow prior interpretations/decisions

Judicial Activism

overturning laws/judicial precedent as unconstitutional PLUS policymaking to replace that law (ex: Brown v Board)

Writ of certiorari

formal doc calling up a case from a lower court to a higher one (issued when 4 justices agree to hear it)

Original jurisdiction

authority of a court to hear a case first

• determine the facts of the case

Appellate jurisdiction

authority of a court to hear cases brought to them on appeal from lower courts

• dont review the factual record only the legal issues involved (concerned w/ the application of due process, not guilt/innocence)

• MAJORITY SEEN BY SUPREME COURT

Precedent

how similar cases have been decided in the past

How do cases reach the Supreme Court?

(Rule of 4) 4/9 SCOTUS justices must agree to hear a case, and then a Writ of certiorari must be obtained

What is the Judicial Branch’s main responsibility?

settle disputes, interpret the law, judicial review

Why was the case Marbury vs. Madison so important?

• established judicial review

• Supreme Court didn’t have original jurisdiction or authority to issue a writ of mandamus because it was unconstitutional

How many Supreme Court Justices?

9 → (1 chief justice/8 associate justices)

Who is the most senior Supreme Court Justice?

Clarence Thomas

What is the difference between criminal law and civil law?

Criminal law- cases where a federal/state law was broken (fed/state gov prosecutes lawbreaker)

Civil law- cases of rights of citizens/disputes between citizens (a person can sue for damages OR sue the government for violation of rights)

How do Supreme Court justices make their decisions?

Precedent, Common law, Originalism, Living Constitution, Judicial restraint, Judicial activism

Explain the Supreme court nomination and confirmation process

1. Presidential nomination sent to Senate

2. Senate Judiciary Committee investigates the nominee

3. SJC questions the nominee at a public hearing in the Senate

4. nomination is sent to the entire Senate for a floor vote (need simple majority to confirm)

What are the Executive checks on the Judicial Branch?

• President appoints federal judges

• President can pardon people

• President can refuse to enforce rulings

What are the Legislative checks on the Judicial Branch?

• Senate confirms presidential appointments to federal courts

• Congress can impeach federal judges

• Congress can pass legislation that would lessen the impact of a SCOTUS decision

• Congress can add amendments to the Constitution to overturn Supreme Court decisions

Who sets the number of justices on the Supreme Court?

Congress