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THIS IS FROM THE POWERPOINT NOT THE SYLLABUS
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Article III
Created the Supreme Court and empowered Congress to create inferior courts. Defines treason and gives courts original and appellate jurisdiction.
Supreme Court (SCOTUS)
The highest court in the United States. Made up of 9 justices; structure established by Congress.
Original Jurisdiction
Authority of a court to hear a case first. Involves suits between states or ambassadors.
Appellate Jurisdiction
Authority to review decisions from lower courts. Supreme Court mostly hears cases through appeals.
Judiciary Act of 1789
Law that created the federal court system. Established district courts, courts of appeal, and the Supreme Court.
Federal District Courts
Federal courts of original jurisdiction. Handle about 80% of federal cases; 94 total districts.
Circuit Courts of Appeal
Federal courts with appellate jurisdiction only. 13 total circuits; most cases end here and never reach the Supreme Court.
Writ of Certiorari
Supreme Court order agreeing to hear a case. Only about 100–150 out of 7,000 cases are accepted each year.
Judiciary Committee (Senate Judiciary Committee)
Senate group that reviews judicial nominees. Holds hearings, questions nominees, and votes to recommend confirmation.
Judicial Review
The power to declare laws unconstitutional. Established in Marbury v. Madison (1803).
Precedent
A previous court decision used as a rule for future cases. Helps maintain consistent legal principles.
Stare Decisis
Latin for “to stand by things decided.” Courts rely on precedents for stability and predictability.
Judicial Activism
When courts use their power to influence public policy. Example: Roe v. Wade expanded privacy rights.
Judicial Restraint
When courts limit their role and defer to elected branches. Only strike down laws that clearly violate the Constitution.
Originalism
Interpretation based on the framers’ original intent. Focuses on the Constitution’s text and historical meaning.
Living Constitution (Non-Originalism)
Interpretation that adapts to modern values and society. Believes meaning evolves with time and context.
Federalist No. 78
Essay by Alexander Hamilton on judicial power. Argued judiciary is “least dangerous” because it lacks force or will.
Judicial Independence
Freedom of courts from external political influence. Life tenure ensures judges can rule fairly.
Advice and Consent
Senate’s constitutional role in approving presidential nominees. Requires a majority vote after hearings.
Confirmation Process
Procedure for confirming Supreme Court nominees. Includes nomination, hearings, full Senate vote, and oath of office.
Borked
To discredit a nominee through political attacks. Originated from Robert Bork’s 1987 failed nomination.
Amicus Curiae
“Friend of the court” brief from outside parties. Provides additional arguments or perspectives to assist the court.
Solicitor General
Represents the U.S. government in Supreme Court cases. Writes briefs and argues cases involving the federal government.
In Forma Pauperis
Case filed by someone too poor to pay legal fees. Often used by prisoners seeking new trials.
Conference
Private meeting where justices discuss and vote on cases. Held weekly to decide which cases to hear and how to rule.
Opinion of the Court
Official written explanation of a ruling. Establishes precedent for lower courts to follow.
Dissenting Opinion
Written by justices who disagree with the majority. May influence future legal changes.
Concurring Opinion
Written by justices who agree with the decision but for different reasons. Adds separate legal reasoning to the case.
Landmark Case
Major decision with lasting legal impact. Examples: Marbury v. Madison, Brown v. Board, Roe v. Wade.
Judicial Philosophy
A justice’s belief about how courts should interpret the law. Influences rulings and shapes nomination debates.
En Banc
When all judges in a circuit court hear a case together. Used for important or controversial appeals.
Judicial Activism vs. Restraint
Debate over how active courts should be in shaping policy. Central issue in Supreme Court nominations.
Marbury v. Madison (1803)
Established judicial review. Strengthened the Court’s power and equality among branches.
McCulloch v. Maryland (1819)
Upheld federal supremacy over states. States can’t tax federal institutions.
Brown v. Board of Education (1954)
Ended racial segregation in public schools. Overturned Plessy v. Ferguson.
Roe v. Wade (1973)
Legalized abortion under right to privacy. Example of judicial activism.
Citizens United v. FEC (2010)
Allowed unlimited corporate political spending. Said corporations have free speech rights.
Obergefell v. Hodges (2015)
Legalized same-sex marriage nationwide. Interpreted the 14th Amendment to protect marriage equality