The Elected Branches and the Federal Courts

This set of vocabulary flashcards covers the historical and modern interactions between the U.S. executive, legislative, and judicial branches, including major cases, the appointment process, and legislative checks on judicial power.

Marbury v. Madison ($1803$)

The case in which the federal courts acquired the power of judicial review of federal law.

Fletcher v. Peck ($1810$)

The case in which the federal courts assumed the power to declare state laws unconstitutional.

Federalist $78$

The essay in which Alexander Hamilton observed that the judiciary was "the least dangerous branch."

Supreme Court

The highest federal court consisting of $9$ justices with both appellate and original jurisdiction.

Circuit Courts

The $13$ regional federal courts that possess only appellate jurisdiction.

District Courts

The $90$ federal courts that serve as trial courts.

Harriet Miers ($2005$)

A Supreme Court nominee withdrawn before Senate consideration during the W. Bush administration.

Merrick Garland ($2016$)

An Obama nominee to replace Antonin Scalia who was denied hearings by the Republican Senate majority.

Harry Reid ($2013$)

Senate Democratic Majority Leader who created the precedent of ruling filibusters on lower court judges as out of order.

Mitch McConnell ($2017$)

Senate Republican Majority Leader who created the precedent ruling filibusters on Supreme Court nominees as out of order.

Robert Bork ($1987$)

A conservative nominee whose defeat ($58$-$42$) signaled a new era of partisan rancor and interest group mobilization in the confirmation process.

Clarence Thomas ($1991$)

A justice picked to replace Thurgood Marshall who was confirmed $52$-$48$ after sexual harassment accusations by Anita Hill.

Brett Kavanaugh ($2018$)

A justice confirmed $50$-$48$ following a tense hearing involving sexual assault allegations by Christine Blasey Ford.

Senatorial Courtesy

An informal practice where home-state senators are effectively given veto rights over district and circuit court nominations.

Clement Haynesworth ($1969$)

A Nixon nominee to the Supreme Court who was rejected after it was discovered he held stock in parties involved in cases he heard.

Douglas Ginsburg

A Reagan nominee who withdrew after it was discovered he had smoked marijuana in college.

Thurgood Marshall

The first African-American justice appointed to the Supreme Court.

Sandra Day O’Connor

The first woman to be appointed to the Supreme Court.

Ketanji Brown Jackson

The first Black woman appointed to the Supreme Court, nominated by President Biden.

Samuel Chase ($1804$)

The only Supreme Court justice to ever be impeached; he was ultimately acquitted by the Senate.

Court Packing Plan ($1937$)

FDR’s failed proposal to name an additional justice for every sitting justice over the age of $70\frac{1}{2}$.

XVI Amendment ($1913$)

The constitutional amendment establishing a direct income tax, effectively overturning Pollock v. Farmer’s Loan ($1895$).

Lilly Ledbetter Act ($2009$)

Legislation regarding equal pay that effectively overturned the ruling in Ledbetter v. Goodyear Tire and Rubber ($2007$).

Habeas Corpus ($1863$ and $1867$)

The only subject regarding which the Supreme Court’s jurisdiction was significantly altered by Congress, specifically during the Civil War.

Cult of the Robe

The political culture that values an independent judiciary free from political interference.

Bush v. Gore ($2000$)

The Supreme Court case that effectively ended the $2000$ presidential election by stopping the Florida recount.

NFIB v. Sebelius ($2012$)

The Supreme Court case that upheld most provisions of the Affordable Care Act (Obamacare).

Obergefell v. Hodges ($2015$)

The Supreme Court case that established the right of same-sex couples to marry.

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

The Supreme Court case that removed the U.S. constitutional right to an abortion.

Trump v. United States ($2024$)

A case involving January $6$-th that provided presidents "absolute immunity" for actions within the outer perimeter of official duties.