APGov+Unit+2+Judiciary

Established a judicial branch with mentions of the Supreme Court and Chief Justice.
Details on justices, jurisdiction, and inferior courts determined by Congress over time.
Federal judges are nominated by the president and confirmed by the Senate.
- Serve for life unless impeached.
- No specific qualifications for judges; life tenure insulates them from political pressure.

Alexander Hamilton advocates for lifetime tenure for judges under good behavior.
- Judges pose minimal threat to liberty as they only judge, not use force or taxation.
- Independent judges necessary to nullify unconstitutional laws; promotes judicial review.
- Protects Constitution and civil rights against transient public opinion.
- Limited qualified candidates justify the need for lifetime appointments.

Have exclusively appellate jurisdiction, reviewing decisions from lower courts without conducting trials.
Responsible for correcting errors in procedure or judgment, may sustain, vacate, or order a new trial.

Comprises nine members: one Chief Justice and eight Associate Justices.
- Assigns original jurisdiction in cases involving multiple states or ambassadors.
- Has power of judicial review to declare laws or actions unconstitutional.
- Establishes legal precedent for future cases, which can only be altered by a constitutional amendment or new case.

Established the power of judicial review.
Marbury's commission was not delivered, leading to a Supreme Court case.
- Court found Madison's refusal illegal, yet ruled against Marbury due to the unconstitutional nature of the Judiciary Act of 1789.

Losing parties appeal to the Supreme Court; requires at least four justices to agree to hear the case.
The Court receives thousands of appeals but hears fewer than a hundred annually.
- Typically hears cases with federal government input, inconsistent lower court rulings, or significant federal law questions.
Each party presents oral arguments and attorneys submit written briefs.

Justices meet in conference to decide cases.
Majority issues an opinion explaining legal reasonings.
Chief Justice assigns opinion in majority; senior justice does if Chief is in minority.
Concurrences and dissents provide differing views on the decision.

Senatorial courtesy influences judicial nominations, favoring recommendations from home state senators.
Most nominees align with the president's party and judicial philosophy.
Nominees undergo background checks and extensive questioning by the Senate Judiciary Committee.
Increasingly partisan confirmation votes and recent diversity in Court membership.

Decisions based on case facts; only bind parties involved.
Judges must adhere to Constitution, laws, and prior rulings reflecting stare decisis.
Influences include public opinion, political dynamics, and interest group pressures.
Limitations on the Supreme Court's authority: congressional legislation, amendments, shifts in judicial appointments, and modifications to jurisdiction.

Judges can challenge laws despite being unelected; differences in philosophy:
- Judicial Restraint: Preference for precedent and legislative authority.
- Judicial Activism: Advocacy for Constitution interpretation; overturning laws when necessary.
- Originalism: Conservative view aligning interpretation with framers' intentions.
- Living Constitution Theory: Liberal view advocating for evolving interpretation aligned with contemporary society.