AP Gov Ch 6: The Judiciary

Strict Constructionist

Interprets Constitution in its original context

Liberal Constructionist

Interprets the Constitution as a living document and takes into account changes and social conditions since ratification

The New Deal + Roosevelt’s Plan

“Four Horsemen” who overturned several New Deal Programs, struck down business regulations and invalidated National Recovery Act (1033) and ruled against NY minimum wage law.

The Warren Court

Court extended many liberties under Justice Warren. Position as judge did NOT match what was expected of him (to be a conservative)

The Burger Court

Burger kept Supreme Court on same path as Warren. (Roe v. Wade)

The Rehnquist Court

Improved conference procedures and decreased the Court’s caseload.

Implementation

Courts decide principles and order citizens or govt. entities to take action or retrain from action.

Petition or Certiorari

A brief arguing why the lower court erred

Concurring Opinion

Some justices who agree w/ majority and join vote but have reservations about majority’s legal opinion.

Dissenting Opinion

No legal baring or force of law, but written by voter against majority opinion.

Precedent

A ruling that firmly establishes a legal principal

Stare Decisis

“Let the decision stand” governs common law

Binding Precedent

A US District Court receives a case that parallels an already decided case form the circuit level, district court has to rule same way.

Persuasive Precedent

Judges consider past decisions made in other district courts or far away circuit courts as a guiding basis for a decision.

Defining Federalism

Court’s role changed over time from undefined → now

Continuity and Change over Time

Membership smell and justices serve long tenures. Composition of Supreme Court seats change over time, and legitimacy gets questioned.

John Roberts

Guided court w/ judicial minimalism

Judicial activism

When judges overturn laws, precedent, or reverse public policy to adapt to contemporary values and address social issues.

Judicial Restraint

Democracy in elected representative legislatures should create policy.

Senate’s Advice and Consent

Senate Judiciary committee reviews the President’s judicial appointments

Senatorial Courtesy

Senate reserves its right of advice and consent

Confirmation

When a Supreme court vacancy opens, President appoints to fill and Senate confirms (almost always gets through)

Interest Groups

The increasingly publicized confirmation process has also involved interest groups.

The Justice Department

Attorney general investigates fed crimes w/ FBI or DEA

Impeachment

Fed. judges who act criminally or perhaps unethically can be impeached or removed.

Standing

The requirements for bringing a case to court.