AP Government Chapter 6 Test Set

What are the similarities of Justice Barrett and Jackson?

-Both attended elite universities, clerked for Supreme Court justices and had diverse legal careers, with a shared experience of balancing family and career.

-Both experienced tough and partisan confirmation hearings in the Senate.

-Both were groundbreaking nominations (Barrett was the first mother of school-age children and Jackson was the first Black American woman)

What are the differences of Justice Barrett and Jackson?

-Barrett: Advocates for originalism, interpreting the Constitution's meaning as fixed. She generally votes with the

conservative (right-leaning)

wing of the Court.

-Jackson: Advocates for a loose or evolving interpretation of the Constitution She generally votes with the liberal (left-leaning) wing of the Court.

What is the Supreme Court of the Unites States?

-Is the most powerful court in the nation

-Federal judges and SCOTUS justices serve for life (a term of "good behavior")

-SCOTUS has had more influence in shaping policymaking over time as Congress passes fewer laws

-BUT: SCOTUS does not control appropriations and cannot write laws

What is Article I, II, and III about?

-Article I - the Congress: Makes the laws

-Article II - the President: Enforces the laws

-Article III - the Supreme Court: Interprets the laws

What is Federalist No. 78?

-Federalist No. 78: Written by Alexander Hamilton as part of Federalist Papers

-Famous for calling SCOTUS the "least dangerous to the political rights of the Constitution."

-BUT: Hamilton emphasized the essential role of judicial review and an independent judiciary in supporting the constitutional system.

The American legal system is a reflection of what? How?

-Federalism

-It exists at both the state and federal levels

What are State Courts?

-Are in all 50 states but are unique to each state

What are federal courts?

-deal with federal or national law

What do state courts and federal courts share in common?

-Both systems share a three-tier structure:

-1. Original Jurisdiction — where cases begin, focusing on facts (original jurisdiction)

-2. Appellate Jurisdiction — which reviews legal questions, not facts

-3. Supreme Court — both types of jurisdiction

What was the Judiciary Act of 1789?

-Congress set up the federal courts

-Congress created the initial structure of the lower federal judiciary and set the number of justices on the SCOTUS

How to get nominated on the supreme court?

-Article II Power

-Political process

-Presidents want their legacy to outlive their term in office

-Judges will most likely rule in a similar manner to the ideology of the president who nominated them

What are the judge qualifications?

-No legal background needed

-Competence

-Ideology/policy preferences

-Pursuit of political support

-Demographic diversity

After the president nominates you onto the supreme court, what is the next step?

-After a presidential nomination, the Senate Judiciary Committee holds confirmation hearings.

-The Senate Judiciary Committee, after questioning the nominee, votes on whether to recommend confirmation to the rest of the Senate.

-The nomination is then sent to the full Senate, who debate and vote on the nominee.

What did John Marshall succeed in as the Supreme Court Justice?

-John Marshall was the first powerful chief justice of the Supreme Court.

-Marshall extended the power of the Court and the national government through a process called judicial review.

How did the Marbury v. Madison case come about?

-John Adams, a Federalist, ran against his VP, Thomas Jefferson, a Democratic-Republican during the election of 1800.

-Due to a tie vote, for the first time the House of Representatives had to select the president. Selected Thomas Jefferson

-Result — A controversial election, and the Twelfth Amendment was added to the Constitution to separate the votes for president and vice president.

What caused Marbury to go the supreme court?

-The new president, Thomas Jefferson, faced a dilemma.

-Judiciary Act of 1801 expanded the number of federal judges.

-But outgoing (ex) President Adams left "midnight appointments" for federal jobs to keep the government Pro-Federalist Party.

-Jefferson was angered, and some appointments did not get delivered, including that of William Marbury

-Marbury and three other job seekers brought a lawsuit against James Madison, the new Secretary of State

What is Marbury v. Madison facts and issues?

-FACTS: Marbury did not receive his commission to serve on the federal bench. He filed a lawsuit asking the Court to issue a writ of mandamus (court order) to force Madison to deliver his commission.

-ISSUE: Was Marbury entitled to his commission? And if so, does the Court have the authority to issue a writ of mandamus to force its delivery?

What is Marbury v. Madison decision and lasting impacts?

-DECISION: Marbury was entitled to his job, but the Court did not have the authority to issue a writ of mandamus to force its delivery on Jefferson.

-BIG PICTURE: While Jefferson won "the battle," he was not forced to give all Federalists their jobs, Marshall won the "the war." The Court decided the constitutionality of the Judiciary Act. This is the first time the Court exercised judicial review.

What was the impact of Marbury v. Madison?

-Marbury v. Madison established judicial review, allowing the Court to strike down laws.

-Chief Justice John Marshall expanded the Court's power, shaping its role as a coequal branch.

-Judicial review checks Congress, the president, and state powers.

Both state and federal courts have jurisdiction over what two categories of law?

-Criminal law - a category of law covering actions that harm the people (state)

-Civil law - a category of law covering cases involving private rights and relationships between individuals and groups

Supreme Court characteristics?

-Highest national court

-There is one court (has original and appellate jurisdiction)

-Nine justices (since 1869)

Court of Appeals Characteristics?

-Appellate jurisdiction only; reviewing decisions made by district courts

-There are 12 circuit courts

-They have no original jurisdiction, only appellate

-Three-judge panels

District Court Characteristics?

-This is the lowest level in the national court system

-94 district courts throughout the nation

-They have original jurisdiction in most cases

-A single judge presides over a case

How do cases get to the Supreme Court?

-SCOTUS decides which cases it wants to hear on appeal.

-Lower court litigants petition the court

-Between 8,000-9,000 appealed each year. Court hears roughly 80. Caseload has declined.

-Rule of four - four or more justices vote to hear cases on appeal. Granted writ of certiorari if heard

-Decisions establish precedent - acts as a basis for future decisions of similar circumstances (stare decisis)

What are cert and how does the court make a decison?

-If granted cert, both sides provide briefs laying out the argument.

-Non-parties submit amicus curiae (friend of the court) briefs to influence decisions.

-Decisions of the court: Majority Opinion, Concurring Opinion, or Dissenting Opinion.

What is the difference between Judicial Restraint and Judicial Activism?

-Judicial restraint: Justices defer to other branches, limiting law overturns. Proponents argue judicial restraint respects majority rule.

-Judicial activism: Justices apply judicial review more broadly, shaping policy. Proponents argue judicial activism protects minority rights.

What are the limitations and checks on Judicial Power?

-Other branches can influence the courts

-The President appoints justices; the Senate confirms.

-Congress controls the Court's jurisdiction and can pass laws in response to the Court's decisions.

-The Court relies on other branches to enforce rulings, impacting its practical power.