Judicial Branch

Stare Decisis

Let the decision stand; courts should follow precedent so similar cases have similar rulings.

Precedent

A legal principle established by a court decision; future similar cases are expected to follow it.

Writ of Certiorari

An order from a higher court asking a lower court to send up records of a case for review.

Judicial Review

The power of the Supreme Court to declare laws or executive actions unconstitutional.

Amicus Curiae

A brief submitted by someone not directly involved in a case to influence the Court’s decision.

Impeachment

The process by which Congress can remove a federal judge for not acting in good behavior.

Good Behavior

Judges serve for life and can only be removed by impeachment, ensuring judicial independence.

Judicial Activism

When judges interpret the law to promote justice or policy change; more likely to overturn precedents.

Judicial Restraint

When judges defer to elected branches and interpret laws based on the original intent of the Constitution.

Checks and Balances – Executive on Judiciary

The President nominates judges and can influence Court ideology through appointments.

Checks and Balances – Legislative on Judiciary

Congress confirms judges and can change the number of justices or pass new laws.

Judiciary’s Limitations

The Court lacks enforcement power and is influenced by public opinion for legitimacy.

Original Jurisdiction

The authority of a court to hear a case first, such as disputes between states.

Appellate Jurisdiction

The authority of a court to review and revise decisions made by lower courts.

Dissenting Opinion

An opinion written by justices who disagree with the majority ruling.

Concurring Opinion

An opinion written by a justice who agrees with the majority outcome but for different reasons.

U.S. Constitution – Article III

Establishes the Judicial Branch and defines jurisdiction of federal courts.

Federalist No. 78

Argues for lifetime terms to maintain judicial independence; supports judicial review.

Marbury v. Madison (1803)

Established judicial review, allowing the Supreme Court to declare laws unconstitutional.

McCulloch v. Maryland (1819)

Ruled that Congress has implied powers to create a national bank, states cannot tax the federal government.

Stare Decisis vs. Judicial Activism

Stare decisis follows precedent; activism may overturn precedent for justice.

Judicial Legitimacy

Public trust and acceptance of the Court’s authority, maintained through consistent reasoning.

Checks on the Judicial Branch

Both Congress and the President can limit the Court’s power through appointments and legislation.

Federalist 78 Key Point

Judges must be independent from politics and enforce the Constitution over popular will.

Judicial Review Importance

Allows the Court to serve as a check on the legislative and executive branches.