AP Gov Unit 2 - The Courts

what did Alexander Hamilton think of the courts?

that they would be the least dangerous branch

when did SCOTUS justices start to be rejected from appointment?

In the 90s, was previously very rare

How long do justices serve?

Commonly over 30 years

Judicial review

The right of the federal courts to nullify or strike down laws by Congress or acts of the executive as unconstitutional. This is the major way that courts participate in checks and balances

How was judicial review established?

By Marbury vs. Madison in 1803

Judicial restraint

The belief that the court should use judicial review very rarely, adhering the precedent as much as possible.

Who favors judicial restraint?

Those who believe Congress should be the branch of government who should overturn a law if needed

Originalism (strict construction)

A type of judicial interpretation of the constitution that aims to follow how it would’ve been understood or intended to be understood at the time it was written; judicial restraint is rooted in this

Judicial activism

The belief that the courts should use judicial review as a way to make bold policy decisions, correcting bad precedents and promoting social goals; rooted in living constitutionalism

Living constitutionalism (loose construction)

A type of judicial interpretation that holds that the constitution is a living document and that judges should interpret it according to changing times and values

What are the 3 main eras of the Courts?

National supremacy & slavery, the government & the economy, and the government & political liberty

What are the major landmarks during the national supremacy and slavery era?

Marbury v. Madison & McCulloh vs. Maryland

Marbury v. Madison

Under Chief Justice Marshall, SCOTUS ruled that the federal courts had the power of judicial review

McCulloh vs. Maryland

The Court laid down 2 key precedents: the supremacy clause and the necessary and proper clause

Supremacy clause

In areas of conflict between state and federal law, the federal law wins

Necessary and proper clause

The power of the national government as exercised by Congress can stretch what is explicitly in the Constitution

National supremacy and slavery

1787-1865

Who was Chief Justice Marshall’s successor?

Roger Taney, nominated by president Andrew Jackson who didn’t like Marshall’s decisions

Dredd Scott vs. Sanford

Mr. Scott, a slave used for his freedom but Taney’s court declared him unable to sue due to not being considered a citizen as being African American

Missouri compromise

Slavery could remain legal in South and illegal in the North; eventually overturned by Taney’s court as an illegal use of federal power that infringed states’ right.

Government & the economy

1865-1937

14th ammendment

No slave shall deprive any person of life, liberty, or property, without due process

What was the main issue in the era of government & the economy?

Federal courts often found themselves in battles over how much the government could regulate business with the economy boom post-Civil War

When was the birth of judicial activism?

The 1880s and 90s, as the courts has to figure out which type of regulations could be applied and which were unconstitutional

Public interest

Attempted by the courts as a criteria of regulations, but was hard to define

Unreasonable/reasonable regulations

Concept used by the courts to try to determine fair outcomes but was very subjective

In which era were the courts’ decisions fluctuating frequently?

Government & the economy; legal questions presented were very divided

Government & public liberty

1938-Present

What was FDR’s issue when passing legislation?

SCOTUS had a conservative 5-4 majority in the early Great Depression, shooting down many laws from democratic Congress

Court packing scheme

Would allow FDR to add 1 justice to the Court for each one that was over 70; this plan did not work

The Warren Court

In 1953, Justice Earl Warren became chief. This began a period of heightened judicial activism, corresponding with the Civil Rights Movement that saw an expansion of civil rights, voting rights, rights for women, and an end to racial segregation

District courts

The lowest level of the federal courts; 74 of these around the country, with each state having at least one

Courts of appeal

Middle level of the federal courts; 13 of these around the country. Have appelate jurisdiction & are able to take cases from district courts

What does the President look for when selecting judges for the federal branch?

Sharing their party & ideology, has the relevant experience & qualifications, & has the support of senators from their home town

Blue slip policy

A federal judge having the support of senators from their hometown

The litmus test

The idea that in determining whether or not a judge shares the president’s ideology, they look to their positions on one particular issue

Jurisdiction of the federal courts

The federal courts get to hear any cases that deal with the Constitution or federal law directly (federal questions cases) and civil cases where 2 parties are from different states (diversity cases)

District courts

Have original jurisdiction, hearing cases for the first time. This is where a federal case will start

Supreme Court

The final say on all matters state and federal. The Court must grant a writ of certiorari in order to take a case; usually only take about ~100 a year

Writ of certiorari (grants cert)

4 of the 9 justices want to take a case

Standing

The proper right to bring a lawsuit. In order to get your case into federal court, you must show this.

Class-action lawsuits

Those brought into court not just by one person, but on behalf of all people who’ve been impacted.

What is an example of a class-action lawsuit?

Brown vs. Board of EducationA

Legal briefs

Lengthy legal documents that lay out the facts of the case, the legal arguments, related precedents, etc.

Are lawyers able to talk for lengthy periods in front of the Supreme Court?

No, they get a maximum of 30 minutes for oral argument to highlight their best arguments; justices will often interrupt with questions, argue, etc.

Solicitor general

The top lawyer representing the United States, since the government is often a party to cases before SCOTUS

Amicus briefs

Filed by outside groups with an interest in a case that has reached SCOTUS. Offer new, additional arguments but often seek to reinforce the main arguments by the lawyers directly involved in the case.

What happens after briefs and arguments are finished?

The Justices go to a private conference room in which no one else is allowed to debate their opinions on the case. After the debate & discussion, the Justices cast their votes

The majority opinion

Written by one of the Justices on the winning side of the case, explaining why the majority ruled the way they did.

The dissenting opinion

Written by a member on the minority side; often where you see justices express their frustrations

Concurring opinion

When a member of the majority explains why they reached the same outcome but with a different legal rationale

What are the three blocks of SCOTUS?

The liberals, conservatives, and super conservatives

How can the Court change or make policy?

Exercising judicial review and striking things down as unconstituional; Congress will often pass a new version of that law in response

Stare decisis

Let the decision stand; the idea that SCOTUS should generally allow precedents to remain, ensuring stability & consistency

Remedy

An order laying out how to correct a wrong or injustice; prescribed by the Court when making decisions. Can apply to the entire nation, not just people in a particular case

How can Congress check the Court’s power?

Senate must confirm all federal judges, judges can be impeached, Congress can change the number of judges serving in a court, Congress can change or withdraw the jursidiction courts have over certain issues