JUDICIARY

Judicial Review

The principle that allows the Supreme Court to declare laws and actions of Congress or state governments unconstitutional by MARBURY v. MADISON

Federalist # 78

An essay written by Alexander Hamilton arguing for the importance of an independent judiciary and the principle of judicial review.

Marbury v. Madison (1803)

Established the principle of JUDICIAL REVIEW in the United States.

Writ of Certiorari

A type of order that a higher court issues to review the decision of a lower court. Used to decide whether to hear a case.

4 SCOTUS need to hear it out to proceed

Majority Opinion

The official statement of the court that reflects the view of the majority of the judges in a case.

Concurring Opinion

An opinion written by a judge who agrees with the majority opinion but has different reasons.

Dissenting Opinion

An opinion written by a judge who disagrees with the majority opinion.

Stare Decisis

The legal principle of determining points in litigation according to precedent. Let the DECISion STAnd — followed in future cases

Judicial Activism

The philosophy that judges should interpret the constitution and laws based on contemporary values and the need for social justice.

ACTing for policy considering effects of justice + society

Judicial Restraint

Law shouldn’t be struck down unless its clearly unconstitutional.

No overturn laws or precedents unless they are clearly unconstitutional. WRITTEN WORD of Constitution!

Judges limit their own power, avoid making policy decisions, adhering closely to written word of Constitution/precedents.

Originalism

The judicial philosophy that interprets the Constitution based on the meaning it had when it was enacted

Constructivism

The belief that the Constitution is a living document that can be interpreted in light of contemporary societal needs.

Jurisdiction

The authority of a court to hear a case and make legal judgments.

Implementing Decisions

The process by which judicial rulings are put into effect and enforced.

Checks on Supreme Court Power

Other branches of government, such as Congress and the Executive, can limit the Supreme Court's power through legislation, constitutional amendments, and executive actions.

Life Tenure

Judges serve for life, which can lead to debates about the legitimacy of the Supreme Court's power to make impactful decisions without direct accountability to the electorate.

Precedents

Previous court decisions that influence future cases and the interpretation of law

Majority opinion

Official statement of the court's ruling, reflecting the views of the MAJORITY of justices on a case.

Concurring Opinion

Agrees with the majority opinion but offers different reasoning or additional points.

Dissenting Opinion

Disagrees with the majority opinion of the court.