AP Gov: Judicial

SCOTUS

Supreme Court is the only court officially established by Constitution

Article III Section I

"the judicial Power of the U.S. shall be vested in 1 supreme court, and in such inferior courts as the congress may from time to time ordain & establish"

Judges

- appointed by POTUS

- hold lifetime appointments

Original jurisdiction

- the Supreme Court can hear a case for the 1st time

- Affecting ambassadors, public officials, and disputes b/t states

Appellate jurisdiction

- the Supreme Court can only hear appeals from lower courts

- Majority of cases that appear before supreme court are appeals → appellate

Attorney General

- chief legal officer and head of the DOJ

- enforce federal laws & advise prez

Solicitor General

- decides which cases to appeal

- 4 judges to agree to hear a case, 5 to render a majority opinion

Majority opinion

official decision of the court, supported by ½ + of judges, & sets a legal, binding precedent

Concurring opinion

agrees w/ majority's outcome but for different legal reasons

Dissenting opinion

disagrees w/ majority's decision and explains why

Senatorial courtesy (blue slip policy)

home-state senators can confirm nominees for their state's local offices a blue slip to signal their approval/disapproval

Litmus test

- questions used to determine a nominee's stance on a specific issue which can factor how a senator chooses to respond to a blue slip

1. Nomination: short list

2. Investigation: checked out by FBI & ABA; rates: well qualified, qualified, not qualified

3. Lobbying: usually against candidates

4. Senate hearings: senate asks questions & judges answer; give a recommendation to the full committee

5. Vote: confirmed

Federalist 78

- Lifetime appointments for federal judges under good behavior (Keep judicial branch independent and protected from political pressure)

- judicial review: considers laws passed by Congress and making sure they're in line with constitution

- under the Constitution, the judicial branch would have the least amount of power (lacks power of purse & sword)

- acts as an intermediate body b/t ppl and congress

- Nature of the court gives it judicial review; not a defined power granted by the Constitution

Marbury v. Madison

- established judicial review

- Adams appointed federalist judges but some of their commissions weren't delivered before Jefferson took office

- Jefferson ordered Madison to withhold the remaining commissions, including Marbury's

- Marbury wanted court to issue a writ of mandamus (court order) to make Madison deliver his commission

- Court can't grant writ of mandamus bc Article 13 of Judiciary Act conflicts w/ Article III of Constitution (original jurisdiction) → Article 13 is unconstitutional

United States v. Nixon

restricted executive privilege; forced Nixon to turn over recordings

New York Times v. US

govt must justify preventing publication; affirmed freedom of the press under 1st

Shaw v. Reno

racial gerrymandering is subject to strict inspection under 14th's Equal Protection Clause

Whenever the court rules on a case, it creates a precedent

- The decision in question will act like a template for future decisions

- Brown v. Board of Education established the precedent that racial segregation in schools is unconstitutional

Stare decisis

- "let the decision stand"

- Court always considers past precedents when making their ruling

Certiorari

a formal order by a superior court to a lower court to send up the entire case for review, often when there's a conflict in lower court rulings on a federal law

Amicus curiae

a person/organization offering the court additional info about the case

Judicial activism

look beyond constitution; consider broad effects of a decision on society

Judicial restraint

- believes that judges aren't appointed to make policy; pay attention to precedents

- A law should be struck down only if it violates the actual written word of the Constitution

congress checks on judicial branch

- Passing laws that modify the impact of prior decisions

- Constitutional amendments

- Passing legislation that impacts the Court's jurisdiction

potus checks on judicial

- Judicial appointments

- POTUS not enforcing the decision handed down

Mitch McConnel's confirmation controversy

- 2016: when Antonin Scalia died, there were 269 days left before the presidential election, but he refused to allow a confirmation vote on Obama's nominee for the Supreme Court

- 2020: when Ruth Bader Ginsburg died, there were only 45 days before the presidential election, much less time than in 2016. Yet McConnell and Senate Republicans moved swiftly to confirm a replacement nominee

Eisenhower + Warren

- Eisenhower nominated Warren as chief justice, expecting a conservative one

- Warren's judicial activism when he wrote Brown v. Board of Education, a liberal decision

- Eisenhower later expressed regret

Nixon + Burger (after Warren)

- Nixon expected a conservative court, but Burger Court was a mix

- Roe v. Wade, limited affirmative action, U.S. v. Nixon

Chief Justice

- spokesperson of judicial branch

- Holds more responsibility than power

- Presides over inaugurations & impeachment