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What is the significance of judicial independence?

It protects judges from political pressure.

How long do federal judges serve?

For life during good behavior.

Who nominates federal judges?

The President.

What is the role of the Senate in judicial appointments?

The Senate confirms nominations by majority vote.

What is the Supreme Court's role in the federal judiciary?

It is the highest court and holds the judicial power of the United States.

What does the Supremacy Clause state?

The Constitution, federal laws, and treaties are the supreme law of the land.

What is jurisdiction?

The authority to hear and decide cases.

What is original jurisdiction?

The first court to hear a case, including finding facts.

Who was John Marshall?

A Federalist who served as Chief Justice for 34 years and strengthened the power of the Supreme Court.

What did Marbury v. Madison establish?

Judicial review, the power of the Court to declare laws or executive actions unconstitutional.

What is the purpose of Federalist No. 78?

To argue that judicial review protects the Constitution and that the judiciary is not a threat to liberty.

What are the two main court systems in the U.S.?

Federal courts and state courts.

What is the difference between criminal law and civil law?

Criminal law involves actions that harm the community, while civil law involves private disputes.

What are the characteristics of Federal District Courts?

Created by the Judiciary Act of 1789, they are the lowest level of federal courts with original jurisdiction.

What is the role of Courts of Appeals?

They exercise appellate jurisdiction and review legal decisions, not facts.

What is the Supreme Court's composition since 1869?

9 justices, including 1 Chief Justice and 8 Associate Justices.

What is judicial restraint?

The principle that judges should be cautious in overturning laws and defer to elected branches.

What is judicial activism?

The belief that judges should actively use judicial review to protect rights and may overturn laws.

What is the significance of the majority opinion?

It is the official ruling of the Court that sets precedent.

What is a concurring opinion?

An opinion that agrees with the outcome but not the reasoning, which does not set precedent.

What is a dissenting opinion?

An opinion that disagrees with the majority and does not set precedent but may influence future rulings.

What does stare decisis mean?

'Let the decision stand,' encouraging consistency and stability in court rulings.

What is the Rule of Four?

A principle that requires four justices to agree to hear a case.

What factors influence the Supreme Court's case selection?

Conflicting lower-court rulings, constitutional questions, federal law issues, national importance, and lack of precedent.

What is the Supreme Court's decision process?

Includes written briefs, oral arguments, private meetings, voting, and announcing decisions.

What is the relationship between judicial power and public legitimacy?

Courts depend on legitimacy, not force, to maintain authority.

What is the purpose of judicial independence?

To protect courts from political pressure and ensure fair interpretation of the law.

What prevents Congress from punishing judges for unpopular decisions?

Congress cannot reduce a justice's salary while in office.

What is required for the Senate to confirm a federal judge?

A majority vote.

What is the highest level of the federal judiciary?

The Supreme Court.

What does the Supremacy Clause establish?

That the Constitution, federal laws, and treaties are the supreme law of the land.

What is jurisdiction in the context of courts?

A court's authority to hear and decide specific cases.

What did the Judiciary Act of 1789 accomplish?

It organized the federal court system and established lower federal courts.

How many justices are on the Supreme Court?

Nine justices.

What is appellate jurisdiction?

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

What are the two main types of law in the U.S. court system?

Criminal law and civil law.

What is the role of the plaintiff in a civil case?

The party who claims they were wronged.

What is the main function of federal district courts?

To handle most federal cases with original jurisdiction.

What is the structure of the federal courts?

U.S. District Courts, U.S. Courts of Appeals, and U.S. Supreme Court.

What is judicial review?

The authority of the Supreme Court to strike down laws and executive actions that conflict with the Constitution.

What landmark case established judicial review?

Marbury v. Madison (1803).

What is the significance of Federalist No. 78?

It argues that judicial review is necessary to protect the Constitution.

What does 'stare decisis' mean?

Let the decision stand; it promotes consistency and stability in law.

How many cases does the Supreme Court hear each year?

Only 70-80 cases out of 7,000-9,000 petitions.

What is a petition for certiorari?

A request for the Supreme Court to review a case.

What are the three types of Supreme Court opinions?

Majority opinion, concurring opinion, dissenting opinion.

What is the role of law clerks in the Supreme Court?

To assist justices with research and drafting opinions.

Why did the Framers want an independent judiciary?

To protect judges from political pressure and ensure fair interpretation of the law.

How long do federal judges and justices serve?

For life during 'good behavior.'

Why is lifetime tenure important for judges?

Prevents decisions based on fear of losing their jobs.

Can Congress reduce a justice's salary while in office?

No.

Who appoints and confirms federal judges?

President appoints; Senate confirms by majority vote.

What court is established by Article III?

The Supreme Court.

Who can create lower federal courts?

Congress.

What happens when federal and state law conflict?

Federal law prevails.

What did the Judiciary Act of 1789 do?

Organized the federal court system and established lower courts.

How many justices were originally on the Supreme Court?

Six.

How many justices are on the Supreme Court today?

Nine.

What are the three levels of federal courts?

District Courts, Courts of Appeals, Supreme Court.

What do appellate courts focus on?

Legal reasoning, law application, procedures.

Why did Anti-Federalists oppose a strong judiciary?

Feared it would expand national power and reduce state rights.

What did Hamilton argue in Federalist No. 78?

Judiciary is limited, relies on executive enforcement, and protects rights.

Why do presidents care about judge appointments?

Judges serve for decades and influence policy long-term.

How have confirmations changed in recent years?

More political conflict, closer votes, more scrutiny.

What Senate rule changed in 2017 for Supreme Court nominees?

Only a simple majority is required.

Are there constitutional qualifications for judges?

No.

Can presidents control confirmed judges?

No.

What case established judicial review?

Marbury v. Madison (1803).

Originalism (Textualism)

This approach, championed by Justice Antonin Scalia, argues that the Constitution should be interpreted based on the original public meaning that its words bore at the time they were adopted and ratified by the people.

Living Constitution (Pragmatism/Purposivism)

This view, advocated by Justice Stephen Breyer, contends that the Constitution is a dynamic document that should adapt and evolve with changing societal circumstances, values, and unforeseen technological advancements.