Studied by 126 people
supreme court
highest court in the land
has final authority to interpret federal laws
influenced by tradition
composition of the court changes often
what the supreme court does in most cases
affirms/rejects lower court decisions
interprets the constitution
politics
how we live in a community w/one another, one’s political views are one’s view of human nature and the “good“ life
Is the supreme court political?
Yes- its decisions determine how we are governed
Framers of the Constitution followed the idea of
self-government, representative government, democracy
why did the framers establish the national judiciary?
restrain the excess of the popular government
distrust of English colonial judges
Independent judiciary capable of upholding standards of national law
Declaration of Independence
all men are created equal
established unalienable rights
unalienable rights
not given by humans, given by god can not be taken away
preamble of constitution
power from the people, power allows the fed to met their goals
According to Federalist 78 (written by Hamilton) in a constitutional system government whose power is superior?
the People
The courts location
mirrors its importance
Which justice secured funding for the arrange construction of the Marble Temple
Chief Justice Taft
Article 3
Judicial Power
Article 3 Sec 1
vests judicial power in one supreme court
Article 3 Sec 2
defined federal jurisdiction
Judicial power extends to all cases arising?
under the constitution, the law of the US,
controversies between states, state v citizens, citizens of different states, citizens claim land grants within different states.
Article V (4)
amendment process
Q. of federal or state law
Article 2
executive power
Article 2 Section 1
vests executive power in President
Article 2 Section2
power to nominated and appoint officers (includes judges)
Article 2 sec 3
“take care that laws be faithfully executed“
Article 1
legislative branch
Article 1 Section 8
enumerates congress’s powers
Judiciary Checks
ruling acts/ laws as unconstitutional
Judiciary Balance
Executive: appoints judges, grant reprieves, pardons
Legislative: can refuse judicial appointments, can impeach judges, can create amendments going against their decisions, create lower courts
→ judiciary acts
What reason does Hamilton Fed 78 give for believing that judiciary will be least dangerous branch?
it does not initiate the resolution of the conflicts (cases come to them)
it does not hold the sword (they cant enforce)
it does not command the purse (has to appeal to the legislative branch)
judiciary act of 1789
6 justices
2 sessions (1st monday in feb and august)
13 district (trial) courts
3 circuit (appellate) courts
established circuit riding
judiciary act of 1801 (Midnight Judge’s Acts)
5 justices
created 6 new circuit courts with 16 new judges
judiciary act of 1802 (Repeal Act)
repealed the 1801 Act
judiciary act of 1869
9 justices Grant defeated Johnson
-last time # of justices was changed
Circuit Riding
when a justice was assigned 1 of the 6 circuit courts, this is why geographical origin was an important factor in nominating a justice
conducted trials, making justices into republican teachers who brought the authority of the federal government to distant states
Circuit Riding benefit
exposed justices to local political sentiments and legal practices
judiciary act of 1891 (Evart’s Act)
9 federal courts of appeal
eliminated circuit court riding
judiciary act of 1925 (Certiorari Act)
made most of the court’s docket discreitionary
district court
lowest
original jurisdiction
original jurisdiction
jurisdiction of a court for first instance
court of appeals
mid
appellate jurisdiction
appellate jurisidiction
answer questions of law (appeals) were they right or wrong in interpretation in district court
must hear the case
supreme court
highest
certiorari, discretionary appellate
limited original jurisdiction
limited original jurisdiction
SC must hear first, cases between states for unbiased court room
discretionary appellate
jurisdiction that court may accept/reject particular case
over 90% of courts docket today
writ of certiorari
the request of the SC to accept jurisdiction to decide a particular case and make the law more certain
SC does not have to answer this appeal
writ of certoriari in an Appellate Court
they must hear the case
past locations of the supreme court
New York: Royal Exchange Building
Philly: Independence Hall and Philly Old City Hall
D.C.: old senate chamber, old senate chamber
federal limited jurisdiction
Art 3 Sec 2
federal questions (constitution federal statute, treaty)
US government is party in case
diversity jurisdiction (citizens of different states)
According to the Constitution (Art 3 Sec 2) what kinds of cases does the federal judiciary have to power to hear?
cases arising under the law of the US, under the Constitution, involving citizens in different states
Stare Decisis
“let the decision stand“
principle of adherence to settled cases, doctrine that principle of law established in earlier cases should be accepted as authoritative in similar later cases
respects prior court decisions
promotes stability in law
Note 
Flashcard (35)