AP Government: Judicial Branch

Strict constructionist

one who argues a narrow interpretation of the Constitution's provisions

Loose constructionist (living constitutionalist)

A person who interprets the Constitution in the context of modern society. This usually allows the federal government to take actions that the constitution does not specifically forbid it from taking.

Stare decisis

Latin for let the decision stand; decisions are based on precedents from previous cases

Judicial activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.

Judicial restraint

a theory of judicial interpretation that encourages judges to limit the exercise of their own power

Circuit courts

Intermediate federal appellate courts. Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction.

District courts

the lowest federal courts; federal cases begin here

Supreme Court justice

a member of the Supreme Court of the United States, the highest court in the nation. No age or experience requirement.

Marbury v. Madison

A decision of the Supreme Court which interpreted the Constitution as giving the Supreme Court the power to declare an act of Congress unconstitutional. This decision is the foundation of the federal judiciary's power of judicial review

Sollicitor General

the top government lawyer in all cases before the Supreme Court where the government is a party. appointed by the president

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court.

Senatorial curtesy

Tradition where the U.S. senator from the state where a federal judiciary is open has a say in the president's nomination for the new judge

Majority Opinion

a statement that presents the views of the majority of supreme court justices regarding a case

Precedent

an earlier case or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Criminal Law

A law that defines crimes against the public

Civil Law

A law that governs relationships between individuals

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act.

Litmus Test

A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts.

Concurring Opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

original jurisdiction

the power of a court to hear a case first, before any other court

appeallate jurisdiction

The authority of a court to review decisions made by lower courts

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Federalist 78

written by Alexander Hamilton, says that judicial branch is the least dangerous branch, requires permanence, and argues that the federal courts have the job of determining whether acts of Congress are constitutional

Criteria for judging a case "uncertworthy"

Absurd or frivolous claims

Lack of "percolation"

Cases with bad facts

Pipeline considerations

Consensus with the lower courts

Criteria for judging a case "certworthy"

Circuit conflict

Importance

Breadth

Effect on federal government

Areas of interest to the Justices

Egregious legal errors in lower courts

Checks on the Judiciary

president appoints judges but the senate confirms all judges and justices, no enforcement mechanisms, congress can over rule rulings with new laws or amendments, impeachment and threat of impeachment, congress can change the number of justices by law