pogo test judiciary branch

original jurisdiction

original jurisdiction

court is the first one to hear a case - US district courts and SCOTUS

appellate jurisdiction

court can only hear a case on appeal - court of appeals and SCOTUS

stare decisis

when cases are decided based off previous court decisions

judicial activism

when judges strike down laws/reverse public policy

judicial restraint

when judges hesitate to strike down laws unless they are clearly unconstitutional

concurring opinion

written by a justice who votes with the majority but disagrees with their reasoning as to why

dissenting opinion

written or signed by any justice that disagrees with the majority

• ⅔ Senate Approval

• Lifetime Appointments

• Can be removed for bad behavior

• All cases in law under the Constitution (Civil Liberties)

• Cases affecting ambassadors

• Maritime Jurisdiction

• Controversies between states

• Between state and citizen of another state

article iii of the constitution

• Believes Judicial Branch is important because it didn’t exist with the A of C

• Independent

• Judicial Review is a good thing

• Duty to declare acts void

• Judiciary is weak (Sword V Purse)

fed 78

marbury v madison constitutional principle

judicial review

marbury v madison facts

marbury went to SCOTUS for writ of mandamus

marbury v madison decision

unanimous for madison

us v lopez constitutional principle

federalism + commerce clause

us v lopez facts

a kid brought a gun to school

state charges were dropped and he was changed with breaking federal law instead

us v lopez decision

5-4 for lopez

mcculloch v maryland constitutional principle

necessary and proper clause + supremacy clause

mcculoch v maryland facts

gov built a nat’l bank in maryland

maryland tried to tax nat’l bank

mcculoch v maryland decision

unanimous for mcculloch (usa)

• Ability to Impeach & Remove a judge

• Add additional judges to the court

• Propose an Amendment to the Constitution

• Pass a law that limits the Court rulings

legislative checks on the judicial branch

• Appt. of Justices to alter the ideological balance of the court.

• Add additional judges to the court

• Ignore or not enforce rulings

• Create an Executive Order that limits the ruling

executive checks on the judicial branch

• Ignore SCOTUS ruling

• Pass laws/amend Constitution in response to a ruling

state checks on the judicial branch

• Protest for change - such as legislation to be passed

• File an Amicus Curiae brief in a similar case

• File another case to overturn ruling

citizen + interest group checks on the judicial branch