intro to the judicial branch - AP government (copy)

*article 3 of the constitution*

establishes a supreme court that will be responsible for…

interpreting the constitution and ruling on legal issues/disputes

*article 3 of the constitution*

gives congress the authority to create…

lower federal courts as needed (which is done)

*article 3 of the constitution*

establishes that federal judges hold office during…

during good behavior (life terms)

by granting federal judges life terms, the framers of the constitution intentionally created a system where judges…

would be insulated from political pressures from the other branches and the public

average number of years served by all judges

16

average age of scotus judges at time of appointment

53 years old

average age of scotus judges

62 years old

longest serving judge

william o.

longest serving on current court

clarence thomas (1991-present) (31 years)

primary responsibility of federal courts is to

interpret the meaning of the constitution and to ensure that all laws align with the constitution

judicial review is the authority of federal courts to

review laws and actions of the other branches to determine whether or not they are constitutional

jurisdiction is the authority of a court to

hear and resolve a legal issue/dispute

original jurisdiction is the authority to

hear a case for the first time

appellate jurisdiction is the authority

to review a case decision from a lower court (hearing cases that have been appealed)

district courts ONLY follow…

1. appellate jurisdiction

2. original jurisdiction

original jurisdiction

circuit courts ONLY follow…

1. appellate jurisdiction

2. original jurisdiction

appellate jurisdiction

what does the supreme court follow more than the other?

1. appellate jurisdiction

2. original jurisdiction

mostly appellate, some original jurisdiction

*rule of 4* a case will be taken up by the court if

at least 4 justices agree to accept it

*majority opinion* final decision of

the court and legal reasoning (this becomes the law of the land)

*dissenting opinion* opposes

the majority decision; has no legal force

*state decisis* principle that a case should be

decided according to the decisions or similar cases in the past

*precedent* guidelines and standards set

by past rulings

*originalism (doctrine of original intent)* belief that the constitution should be strictly interpreted according to

original meaning/intent of the framers

*living constitutionalism (theory of loose construction)* belief that the constitution is

flexible/dynamic; its meaning should be adjusted for changing times and social conditions

*judicial restraint* approach where judges limit the exersise of their power, and generally defer to

other branches by striking down laws only when they very clearly violate the constitution

*judicial activism* approach where judges freely strike down laws that are

inconsistent with their understanding on the constitution

who appoints judicial nominees for life terms?

the president

who confirms all federal judges?

the senate

life terms mean that presidential nominees can

influence judicial decisions for years to come

considerations for selection include:

• race and gender

• ideology/stances on political issues

increasing ******* **and frequency of ******* ******** has made confirmation process lengthy and contentious

party polarization, divided government

intense questioning of nominees past…

judicial decisions and political stances

senators are unwilling to confirm nominees of

opposing-party presidents

constitutional requirements to be a supreme court judge

none

who is more likely to be on the supreme court?

historically older, white, upper class males

most supreme court justices have come from

federal circuit courts

who can impeach and remove federal judges and add/remove seats on federal courts?

congress.

who can amend the constitution and alter existing laws?

congress@

who can pass new laws that reverse the impact of court decisions (i.e. if the court rules a law to be unconstitutional)

congress;

the supreme court’s decisions are the “law of the land,” but it has no authority to

enforce them

the court is reliant on one branch and one part of the government to carry out/enforce decisions

executive branch and state governments