AP GOV Judicial Branch

Article 3

creates judicial branch

supreme court

only court created thru the Constituition

highest court of the land

Terms

life terms

can only be removed if impeached or if they die

SC Jurisdiction

“ability to hear a case”

original - hears a case first

appellate - hears appeals

Treason

main reasons to be removed

levy war or give aid to enemy

need 2 witnesses and open confession to be convicted

right to a jury trial

6th (fair trial) and 7th (jury by trial)

Federalist paper # 78

most associated to judicial branch

by hamilton

judicial branch is the least dangerous to political rights

Judicial review

decides whether congressional and presidential acts are constitutional

reinforced by MMarbury v. Madison

Marbury v. Madison

SC justice was John Marhsall

P John Adams appointed Marbury as Justice of Peace but Jefferson refused

Court ruled unconstitutional under Judiciary Act of 1789

John Marshall

handled many of the early SC cases

wanted to show that the feds had more power through courts

Strict Constructionist approach

judges don’t stray from constitution

literal interpretation

Activist Approach

'“loose construction”

judge relies on own philosophies AND the constitution

3 level system

district courts

courts of appeal

SCdi

district courts

lowest

94

only og. juristdiction

created by Congress in Judiciary Act of 1789

Court of Appeals

middle

12 + 1 in D.C. = 13 total

only appellate

not until 1891 by congress

usually cases stop here

Supreme Court in 3 level system

highest

og. and appellate jurisdiction

very few make it here

District Courts

fed cases start here

Trial Courts - only level in the fed system that has a jury, ability to call a witness and have a trial, and can decide guilty/innocence

Federal Crime - based off what fed gov defines as a fed crime )Ex. counterfetting, mail fraud, bank robbery, terrorism, kidnapping, tax evasion

US Attorneys - one for each 94 districts, nominated by P and confirmed by the senate, part of the justice dep, lawyer for the gov.

Civil Cases - mostly handled at state levels and the ones that make it to the fed. level the cases are usually criminal

Special Legislative Courts - created by congress for expert concerns (Ex. US tax courts)

Can you sue the US government

yes, but it’s hard to do so

gov has Doctrine of Sovereign Immunity - you need permission from fed gov to sue the fed gov

Appellate Courts

circuit courts

set in panels

only review records from lower courts

no new evidence

cases usually stop here and gatekeeps for SC

3 decisions - upholds, overturns, or remand ((returned) to lower courts

Petitioner - losing party who’s appealing

Respondent - state why and how the lower courts are correct

Tuscaloosa circuit #

11

Tuscaloosa SCJ

Clarence Thomas

Supreme Court

what they rule becomes the law unless overturned by constitutional amendments

sets precedents - legal principle for ruling but can overturn other precedents that have been overturned

stare decisis - lets decision stand so no overturning

binding precedent

happens in district courts

courts follow an existing a higher court ruling

persuasive precedent

happens in district courts

consider past decision made in other districts or COA

Federal Judges Appointments

P nominates

senate judiciary committee

Full Senate

Limus Test

determines where a potential judge stands politically

candidates answer vaguely to not sway their results

Senatorial Coutesy

only in district court judges (by state)

allows senior senator to give opinion on a potential judge

Confirming Federal Judges

Interest groups - American Bar Association ranks nominees, drafts questions, and urges citizens to give opinions to the senator

Borked - focusing on ideology which hurts their chances of being appointed

Clarence Thomas - was barely appointed do to sexual charges

Nuclear Option - postponing nominations to prevent others from voting by threatening to filibuster

Republicans denied nominating Garland during Obama’s presidency to allow the next Republican P to nominate

Neil Gorsuch - first nominee nominated by Trump

Brett Kavanaugh - rated highly qualified by the ABA but his nominated was postponed by a sexual assault charge

1787-1865

Establishing legitimacy of the feds with the state gov

1865-1937

Relationship between Gov and economy

“industrial revolution”

1937-Present

Personal liberty issues

Marbury v. Madison

established judicial review and midnight judges

McCulloch v. maryland

Maryland taxed the fed gov for building a national bank in their state

enforced that the Const. is the supreme law of the landM

Marshall Courts

early cases to establish legitimacy

John Marshall

Marbury v. Madison

McCulloch v. Maryland

Interstate Commerce

Gibbons (fed) v. Ogden

NY and fed gov waterways case

gov won

Dred Scott Decision

CJ" - Robert Taney

Dred Scott’s owner took him to a free state and should have been released

the courts ruled no because he is not considered to be citizen

Ruled slaves not citizens and the Missouri Compromise unconstiutional

14th Amendment

due process

questioned why BOR doesn’t impact states

incorporates BOR to states on a case by cases basis

2nd time due process is mentioned

Court Packing

During FDR

court kept shooting down his New Deal programs

add a justice for every justice over the age of 70

this would allow him to gain enough votes to pass bills

Congress refused

The Warren Court

Earl Warren by Eisenhower

Brown v. BOE - overturned Plessy v. Fergusson (separate but equal)

The Burger Court

Warren Burger by Nixon to replace Earl Warren

Roe v. Wade

The Rehnquist Courts

William Rehinquist by Regean

put through the ringer for being racists

strict constitutionalist

Robert Courts

by George w. Bush

judicial minimalist

Getting to the Supreme Court

Standing - prove you've been harmed with real controversy

Forma Pauperis - “appearing as a paper" having ur case heard for free, gov giving u a lawyer if u can't afford one, interest groups can also pay fee for u (ACLU)

Petition for Certiorari - ask courts for permission to hear ur case

Writ of Certiorari - lower courts send briefs to SC; actual approval

SC in action

Briefs - 30 minutes arguments from both sides of a case but court can extend time after court asks a question

Solicitor General - from the dep. of justice and decides which cases to appeal from lower courts

Amicus Curiae - briefs from interst groups that aren't directly affected or 3rd party; friend of the court

Rulings - opinion of court (majority/winning), concurring opinion (same decision different reason), dissenting opinion (different decision/losing), and per curiam opinion ( short unsigned decision)

Opinion of the court

majority/winning opinion

Concurring opinion

same decision different reason

dissenting opinion

losing side

why they disagree with the court

per curiam

short, unsigned decision

power of the federal court

accepting cases - rule of 4 ( 4 justices have to agree to take a case) but reject 98% of them

Stare Decisis - let decision and follow precedent

Remedies - measures judicial power; order of what is to be done to correct situation (paying other person or improving prison system); questioned because they're not elected

Judicial Implementation: whether or not other branches enforce their policies

Judicial restraint - judges should play a minimal role in policies and should leave it up to the legislative branch (Ex. prison reforms)

Judicial Activism - judges make bold policy decisions

Checks on the Judicial Branch

relies on other branches to enforce policies

Public opinion - court doesn’t want to stray from public opinion because it may destroy legitimacy

Dep. of Justice - headed by attorney general who decides which cases make it to the SC