Unit 2, Part 3 - Judicial Branch

Article III

The Constitution article that establishes the judicial branch, including the Supreme Court; gives Congress power to create lower courts and defines federal jurisdiction.

11th Amendment

Limits the ability to sue states in federal courts; protects state sovereignty; federal courts cannot hear certain lawsuits against states.

Judicial Activism

Philosophy where judges make bold policy decisions and may reinterpret the Constitution to fit modern issues; courts actively shape policy.

Judicial Restraint

Philosophy where judges defer to the elected branches and precedent; avoids striking down laws unless clearly unconstitutional.

Liberal Constructionist

Believes the Constitution is a living document and interprets it broadly to fit contemporary needs; associated with judicial activism.

Strict Constructionist

Believes the Constitution should be interpreted narrowly and literally; emphasizes limits on federal power and judicial restraint.

Senatorial Courtesy

Unwritten tradition where the Senate refuses to confirm judicial nominees if opposed by senators from the nominee’s state (same party as President).

Standing

The requirement that plaintiffs have a personal stake in a case’s outcome in order to bring it to court.

Appellate Jurisdiction

The power of a higher court to review and revise a lower court’s decision; U.S. Courts of Appeals and Supreme Court operate mostly under this.

Original Jurisdiction

The authority to hear a case first; Supreme Court uses this for cases involving states or ambassadors.

Attorney General

The head of the U.S. Department of Justice; represents the federal government in legal matters and oversees U.S. attorneys.

Judicial Review

The power of courts to declare laws or executive actions unconstitutional; established in Marbury v. Madison.

Certiorari

A writ issued by a higher court to review a lower court decision; the Supreme Court uses it to select most of its cases.

U.S. District Courts

The lowest federal courts with original jurisdiction; conduct trials and hear evidence in federal cases.

U.S. Circuit Court of Appeals

Intermediate federal appellate courts; review district court decisions for legal errors but do not hold trials.

U.S. Supreme Court

The highest federal court; has both original and appellate jurisdiction; final authority on constitutional interpretation.

Precedent

A judicial decision that serves as a rule or guide for future similar cases; promotes legal consistency.

Binding Precedent

A precedent that lower courts must follow when deciding similar cases within the same jurisdiction.

Persuasive Precedent

A precedent from another jurisdiction or a lower court that is not binding but may influence a decision.

Stare Decisis

The legal principle of following established precedent; promotes stability in the law.

Concurring Opinion

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

Dissenting Opinion

An opinion written by a justice who disagrees with the majority decision; explains the reasoning behind the opposition.

Majority Opinion

The official opinion of the court; represents the views of the majority and sets precedent.

Rule of Four

A Supreme Court practice where four justices must agree to grant a writ of certiorari and hear a case.

Nuclear Option

A Senate procedure to override the filibuster for judicial nominees (except Supreme Court) with a simple majority vote.

Marbury v. Madison (1803)

Year of Decision: 1803 

Facts of the Case: William Marbury was appointed Justice of the Peace by John Adams, but his commission wasn't delivered before Jefferson took office. Madison, Jefferson’s Secretary of State, refused to deliver it. Marbury petitioned the Supreme Court for a writ of mandamus. 

Constitutional Clause at Issue: Article III, Section 2 (jurisdiction of the Supreme Court). 

Decision and Reasoning: The Court ruled Marbury had a right to the commission but the Judiciary Act of 1789, which allowed the Supreme Court to issue writs of mandamus, was unconstitutional.

Implications: Established judicial review—empowering the Supreme Court to strike down laws that violate the Constitution.

Roe v. Wade (1973)

Year of Decision: 1973 

Facts of the Case: Jane Roe challenged a Texas law that banned abortion except to save the mother’s life, claiming it violated her constitutional rights. 

Constitutional Clause at Issue: 14th Amendment – Due Process Clause (right to privacy). 

Decision and Reasoning: The Court held that a woman’s right to an abortion is protected by the constitutional right to privacy. It set up a trimester framework limiting state interference.

Implications: Legalized abortion nationwide and became a central precedent for reproductive rights and privacy laws.

Dobbs v. Jackson Women’s Health Organization (2022)

Year of Decision: 2022

Facts of the Case: Mississippi passed a law banning most abortions after 15 weeks. Jackson Women’s Health sued, arguing it violated Roe v. Wade.

Constitutional Clause at Issue: 14th Amendment – Due Process Clause (unenumerated rights). 

Decision and Reasoning: The Court upheld Mississippi's law and overturned Roe v. Wade, declaring the Constitution does not protect the right to abortion.

Implications: Ended federal abortion protections and returned authority over abortion laws to individual states, leading to immediate bans in several

Federalist 78

• Author: Alexander Hamilton

• Date Written: May 28, 1788

• Thesis: The judiciary must be independent and have the power of judicial review to protect the Constitution and individual rights from legislative encroachment.

• Key Ideas/Arguments:

  • The judiciary is the “least dangerous” branch as it has “neither FORCE nor WILL, but merely judgment.”

  • Judges must have life tenure to ensure independence from political pressure.

  • The courts have the duty to declare void any legislative acts contrary to the Constitution.

  • Judicial review is essential to prevent Congress from exceeding its authority.

• Key Quotes:

  • “The judiciary…has no influence over either the sword or the purse… It may truly be said to have neither FORCE nor WILL, but merely judgment.”

  • “No legislative act… contrary to the Constitution, can be valid.”

  • “The independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors…”

• Implications/Evidences in Practice:

  • Basis for judicial review as established in Marbury v. Madison (1803).

  • Justifies life tenure for federal judges under Article III.

  • Used to defend the legitimacy of the Supreme Court striking down unconstitutional laws.