AP Gov Unit 8

What did people fear about the judicial branch?

That it would become tyrannical

How long do federal judges serve for?

Life during good behavior

Does the judicial branch share any powers with the other branches?

No

How is judicial power different from legislative or executive power?

The explicit power of the judiciary is minimally mentioned → intended to be least dangerous branch

How might a SCOTUS vacancy occur?

death, impeachment + removal from office, Congress increases number of justices

Nomination process for a justice

president nominates a candidate, senate judiciary committee review nominee, sends recommendation to full senate, full senate votes

What do presidents consider when making SCOTUS nominations?

party affiliation, judicial philosophy, demographics, answers to political litmus test questions

How has SCOTUS become ideologically?

They are now more partisan and controversial

Majority in court right now

6-3 conservative majority with no swing votes

Original number of SCOTUS justices

6

What limitations exist on the power to exercise judicial review?

live controversy rule, standing to sue, political questions, rules for interpretation

Live Controversy Rule

the court will not consider hypothetical questions

Standing to sue

plaintiff must show that situation adversely affects their legal rights in a personal way

Political questions

the court cannot hear cases involving political questions (clear jurisdiction, defying resolutions, create controversy, etc)

1st rule of interpretation

courts shouldn’t rule on constitutional issues unless absolutely necessary

2nd rule of interpretation

where two reasonable interpretations exist, the one upholding the current law should be chosen

3rd rule of interpretation

courts should make controversial rulings as narrow as possible, and only address the specific issue before them

Jurisdiction

a court’s power to hear and decide a particular case

3 types of jurisdiction

Subject matter, personal, original/appellate

Subject matter jurisdiction

The law you break goes to the appropriate court → fed law broken goes to fed court and state law broken goes to state court

Personal jurisdiction

power over parties based on where they live, do business, own property, or where events leading to the case took place

Original jurisdiction

court’s power to hear and decide a case before appellate review (first court to hear)

Appellate jurisdiction

court’s power to hear appeal from lower courts including the power to reverse or modify the decision

Which court is the only court with both appellate and original jurisdiction

SCOTUS

Characteristics of trial courts

1st to hear a case, attempt to establish facts of a case, involve witnesses, involve evidence/exhibits, may use a jury to determine case

What must any SCOTUS case involve?

A political question

Cases often decided by SCOTUS

Cases of national importance, cases of when state laws violate federal laws, and resolving split decisions

Writ of certiorari

order by higher court directing a lower court to send a case up for review

About how many cases are granted a writ of cert?

70-75 out of 8000

Why is the right number of cases importance for SCOTUS?

Too many and they lack time to decide them, too few and interpretations may be left to lower courts

How does SCOTUS grant cert?

Rule of Four → 4 of 9 justices agree to hear case

What types of cases does SCOTUS likely grant cert to?

circuit split, significance of issue, impact of decision

Circuit split

when 2 or more US circuit courts of appeals have different rulings on some issues

Significance of issue

Important and timely topics (usually social issues)

Impact of decision

the more people impacted, the more likely the court will hear the case

Legal Briefs

written documents by attorneys of both sides that serve as an argument in the appellate court → summarizes their legal arguments and authorities that support those arguments

Amicus Curiae Briefs

legal briefs prepared by friends of the court (usually interest groups) to raise additional legal arguments and attempt to influence the court’s decision

How do interest groups influence the judiciary?

Amicus curiae briefs, organizing cases, lobbying for/against judicial nominees

Solicitor General

person who decides which cases to hear and argue for the federal government in cases where they are a party

Law Clerks

help judges with work, read petitions, research case law, help write opinions

How many law clerks do SCOTUS justices have?

Each associate justice is allowed 4, the chief justice is allowed 5

What are law clerks similar to in other branches?

Congressional staff and white house staff

Powers of the Chief Justice

preside over SCOTUS oral arguments, preside over private conferences and deliberations, speak first during deliberations, vote last during deliberations, decide who writes the opinion if they are in the majority