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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
