Judicial Review

Judicial Review

The power of courts, especially the Supreme Court, to declare laws or executive actions unconstitutional. This authority was first established in the 1803 case Marbury v. Madison by Chief Justice John Marshall.

Federalist 78

A paper by Alexander Hamilton explaining the judicial branch. It argues that the judiciary is the least dangerous branch (it has no money or army) and supports life tenure for judges to maintain independence from politics.

Precedent

A legal decision made by a higher court that serves as a guide or example for future similar cases. Lower courts are expected to follow these decisions.

Stare Decisis

A legal principle meaning 'let the decision stand.' It emphasizes following precedent to promote consistency and stability in the law.

Judicial Activism

A philosophy where judges interpret the Constitution and laws in new ways to reflect modern values, sometimes creating new policies or striking down existing laws.

Judicial Restraint

A philosophy where judges avoid making policy decisions and instead defer to laws passed by elected branches, interpreting laws narrowly and sticking closely to precedent.

Political Ideology Impact on the Court

Judges’ interpretations can be shaped by their political beliefs. Presidents appoint justices with similar ideologies, affecting how courts rule on issues like abortion, gun rights, or voting.

Checks and Balances: Appointment

The President nominates federal judges, but they must be confirmed by the Senate. This ensures that both branches participate in shaping the judiciary.

Checks and Balances: Legislative Response

If Congress disagrees with a court ruling, it can pass new laws, change the Court’s jurisdiction, or propose constitutional amendments to override the decision.

Checks and Balances: Executive Response

If the President disagrees with a ruling, they can speak out against it, appoint new justices when there are vacancies, or choose how actively to enforce the decision.

Original Jurisdiction

The power of a court to hear a case first. The Supreme Court has original jurisdiction in a few specific cases like disputes between states or involving diplomats.

Appellate Jurisdiction

The authority of a higher court to review and possibly overturn decisions made by lower courts. Most Supreme Court cases come from appeals.

Majority Opinion

The official ruling of the Supreme Court, agreed to by at least five of the nine justices. It explains the legal reasoning behind the decision and becomes binding precedent.

Dissenting Opinion

An opinion written by one or more justices who disagree with the majority. While not law, it can influence future cases or legal thinking.

Concurring Opinion

A separate opinion where a justice agrees with the decision's outcome but uses different reasoning. It can help shape how the ruling is applied in future cases.

Jurisdiction of Each Level of Federal Court

District courts handle trials, courts of appeals review those decisions, and the Supreme Court mostly handles appeals but has limited original jurisdiction.

Article I Courts

Courts created by Congress under Article I for special purposes like taxes or military matters. Judges here usually serve fixed terms and lack full protections of Article III judges.

Amicus Curiae Brief

A 'friend of the court' brief submitted by someone not directly involved in the case. These briefs offer additional information or arguments to help the Court make its decision.

Marbury v. Madison

The 1803 case that first gave the Supreme Court the power of judicial review. Chief Justice John Marshall ruled that the Court could declare acts of Congress unconstitutional.

Arguments for and Against Life Tenure

Supporters say life tenure protects judicial independence and prevents political pressure. Critics say it can lead to unaccountable or aging judges who stay too long.

Article III

The part of the Constitution that sets up the federal judiciary. It establishes the Supreme Court, allows Congress to create lower courts, and protects judges’ salaries and job security.

Solicitor General

The lawyer who represents the U.S. government in Supreme Court cases. This official decides which cases the government will appeal and often argues important cases personally.

Senatorial Courtesy

A tradition where the President asks a senator from their party for approval before nominating a federal judge in that senator’s state. It gives senators influence over appointments.

Path of Cases to Supreme Court

Most cases reach the Supreme Court through appeals from federal courts or state supreme courts. The Court picks which cases to hear through the certiorari process.

Appointment Process

Federal judges are nominated by the President and confirmed by the Senate. This process includes background checks, committee hearings, and a final vote.

Requirements to be a Federal Judge

The Constitution sets no specific requirements. In practice, judges usually have legal training, experience, and views aligned with the President who nominates them.

Marshall’s Three Questions

In Marbury v. Madison, Marshall asked: 1) Does Marbury have a right to the commission? 2) Is there a remedy? 3) Can the Court grant it under the Constitution?

Rule of Four

At least four justices must agree to hear a case for the Supreme Court to add it to its docket. This prevents a simple majority from controlling all the Court’s cases.

Justices and Presidential Legacy

Presidents often shape the country long after leaving office through their Supreme Court appointments, since justices serve for life.

Supreme Court Eras

Named after Chief Justices, each era reflects shifts in the Court’s focus, like the Warren Court’s civil rights rulings or the Roberts Court’s emphasis on limited federal power.