Judicial Review

Supreme Court

Only court set up by the constitution

Only court with both original and appellate jurisdiction

Judicial Review

The power of the supreme court to find an action of another branch unconstitutional

Writ of Certiorari

informing the lower court of th request to send up the full trial transcript

Rule of four

once 4 of the 9 justices agree to accept the case, appeal is granted

Precedent

Sets a ruling for future cases to follow

Stare decisis

Courts should base their decisions on precedentsto maintain stability and consistency in the law.

How are courts insulated by public opinion

Appointed/NOT elected

life term

sets own agenda- rule of 4

set salary- not beholden to congress

access to court proceedings is limited

judicial restraint

constitution should be view the way the founders intended

judges should stick closely to precedent and have leave policy decisions to other branches or states

Judicial Activism

constitution is a living doc and should change with the times

Judges make a ruling based on policy and not their interpretation of current law

Factors affecting who the president appoints to the federal judiciary

experience

political ideology

party

personal loyalties

Checks on legislative court decisions

advise and consent

• nomination

Politics

impeachment of judges

court structure and funding

change laws

• amend constitution

  • pass legislation

checks on executive court decisions

nomination

• qualifications

• background

• ideology.issue position

• campaign promises

• likelihood of confimation

• gender/race religion

• reputation

Executive enforcement

Federalist 78

to defend the importance of an independent judiciary and judiciary review