Ap gov unit 6

What is Appellate Jurisdiction?

The authority of the Supreme Court to review decisions made by lower courts.

What is Original Jurisdiction for the Supreme Court?

Limited to cases involving disputes between states or cases involving ambassadors and other public ministers.

What does the Commerce Clause grant Congress?

The power to regulate interstate commerce.

What was the ruling in Worcester v. Georgia?

The Supreme Court ruled that the state of Georgia could not enforce its laws on Cherokee lands. President Andrew Jackson refused to enforce the ruling.

Who wrote Federalist No. 78, and what was its main argument?

Written by Alexander Hamilton, it argues for the importance of an independent judiciary and states that judicial review protects against legislative overreach.

Which cases are relevant to Federalist No. 78's concept of judicial review and federal power?

1. Shaw v. Reno: Addresses gerrymandering and the Equal Protection Clause.
2. McCulloch v. Maryland: Affirmed implied powers of Congress and supremacy of federal law.
3. Marbury v. Madison: Established judicial review.

What is the key factor Presidents consider when making appointments to the Supreme Court?

Presidents nominate justices who share their judicial philosophy, and these appointments can have long-lasting effects due to lifetime terms.

Define Precedent.

A previous court decision that serves as a guide for future cases.

Define Stare Decisis.

The principle of following precedents, ensuring consistency and stability in the law.

When can the Supreme Court overturn its own precedents?

If it believes they are no longer sound or relevant due to ideological changes or evolving societal norms.

What did Federalist 78 provide?

The philosophical basis for an independent judiciary.

What did the Judiciary Act of 1789 establish?

The structure and jurisdiction of the federal court system, including district courts and courts of appeals.

What was the purpose of the Judiciary Act of 1801?

Attempted to expand the federal judiciary but was later repealed.

What is Judicial Review?

The power of the Supreme Court to declare laws or actions of the executive and legislative branches unconstitutional. It was established in Marxbury v. Madison.

How can Congress limit Supreme Court powers?

Congress can propose constitutional amendments to overturn Supreme Court decisions.

Outline the process of how cases move through the Supreme Court.

1. Cases are appealed from lower courts.
2. The Supreme Court selects cases to hear (writ of certiorari).
3. Briefs are submitted, oral arguments are heard, and justices issue opinions.

Define Majority opinion.

The official ruling of the Court, explaining the reasoning behind the decision.

Define Concurring opinion.

An opinion that agrees with the majority but offers different or additional reasons.

Define Dissenting opinion.

An opinion that disagrees with the majority and explains the reasons for the disagreement.

What courts are part of the Modern Federal Court System?

Federal district courts, courts of appeals, and the Supreme Court.

What courts are typically found in State Court Systems?

Trial courts, appellate courts, and a state supreme court (systems vary).

What is Criminal law?

Deals with offenses against society, prosecuted by the government.

What is Civil law?

Deals with disputes between individuals or organizations, seeking compensation or other remedies.

What is Judicial activism?

The belief that the Court should play an active role in shaping policy and addressing social issues.

What is Judicial restraint?

The belief that the Court should defer to the elected branches of government and avoid overturning laws unless they clearly violate the Constitution.