Chapter 6 - Judicial Branch

Federalist 78

Argues for the independence of the judicial branch and explaining the role of the federal courts, especially judicial review.

What is the function of the Supreme Court?

To interpret laws, ensure they comply with the Constitution, and serve as the highest appellate court in the United States.

Process of becoming a Supreme Court Justice

Nomination by the President → Senate Judiciary Committee hearings → Senate vote (majority required) → Confirmation → Lifetime appointment.

Original Jurisdiction

The authority of a court to hear a case first, before any appellate review.

Appellate Jurisdiction

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

Article III

Section of the Constitution establishing the judicial branch, defining federal courts, and outlining judicial powers.

What do appellate courts do?

Review decisions of lower courts to ensure the law was applied correctly; they do not hold trials.

Anti-Federalists

Opponents of the Constitution in the 1780s who feared a strong federal judiciary could threaten states’ rights and individual liberties.

12th Amendment

Requires separate Electoral College votes for President and Vice President, preventing ties between candidates from the same party.

Marbury v. Madison

1803 Supreme Court case that established judicial review, allowing courts to declare laws unconstitutional.

Criminal law vs. civil law

Criminal law deals with crimes against society; civil law deals with disputes between individuals or organizations.

Who has the power to create additional courts?

Congress

Stare decisis

The legal principle of following precedents established in previous court decisions.

Majority Opinion

The official statement of the court’s ruling and reasoning agreed upon by the majority of justices.

Concurring Opinion

A separate opinion written by a justice who agrees with the majority ruling but for different reasons.

Dissenting Opinion

An opinion written by a justice who disagrees with the majority decision.

Judicial restraint

The philosophy that judges should limit their power and defer to the other branches unless a law clearly violates the Constitution.

Judicial activism

The philosophy that judges should actively interpret the Constitution to address societal issues and shape policy.

Chief Justice John Marshall

Supreme Court Chief Justice (1801–1835) who strengthened the power of the federal judiciary and established judicial review.

According to Alexander Hamilton, why was an independent judicial branch necessary?

To serve as a check on Congress and the President, ensuring laws are constitutional and protecting individual rights.

What is the Supreme Court's primary function in the US government?

To interpret the Constitution and federal law and to settle disputes between states, government branches, and citizens.

How did Alexander Hamilton believe judges could maintain independence and uphold the Constitution?

Through lifetime appointments and protection from political pressures, ensuring impartiality.

Describe the process through which Brett Kavanaugh was appointed to the Supreme Court in 2018.

Nominated by the President → Senate Judiciary Committee hearings → Senate vote → Confirmed and received lifetime appointment.

What type of jurisdiction does a court possess if it hears a case for the first time?

Original jurisdiction.

What is the central purpose of Article III of the US Constitution?

To establish the judicial branch and define the powers and structure of federal courts.

What is the role of an appellate court in the judicial system?

To review lower court decisions for legal errors and interpret the law.

Compare the functions of a court with original jurisdiction to a court with appellate jurisdiction.

Original jurisdiction: hears cases first and conducts trials.
Appellate jurisdiction: reviews and can overturn lower court decisions; no trials.

In the 1780s, if you opposed the establishment of a federal judiciary, whose writings would you likely agree with?

Anti-Federalists, who feared a strong federal court would threaten states’ rights and individual liberties.