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*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…
appellate jurisdiction
original jurisdiction
original jurisdiction
circuit courts ONLY follow…
appellate jurisdiction
original jurisdiction
appellate jurisdiction
what does the supreme court follow more than the other?
appellate jurisdiction
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
