Judicial Branch

1. The Structures of the Federal Court System: District, Appellate, Supreme Court - 

District courts: 94 federal trial courts, 3 categories: involving fed government, presents constitutional question, or civil suits for money over 75k. 

Appellate courts: handles appeals from district courts. 13 of them, 11 handle appeals, 1 handles regulatory commissions, and 1 handles patents. 6-30 judges. handles appeals on civil and criminal cases. 

Supreme Court: last resort / final interpreter of constitution. 6-10 justices. sets the binding precedent. Uses stare decisis - using past decisions to set new precedents.

2. Article III of the Constitution and influence on Supreme Court - Article 3 section 1 states that all judicial power should be vested in the Supreme Court, and inferior courts from time to time can help to establish order

3. Role of Congress in the Supreme Court - Congress creates the laws that the Supreme Court then interprets and determines its constitutionality

4. Marbury V. Madison - established the power of judicial review. in the final moments of Adams’ presidency, he appoints federal judges to weaken Jefferson’s presidency. Jefferson refuses to deliver the job to William Marbury, who sues. Files writ of mandamus to force his delivery. Verdict - Marbury entitled to job, but Supreme Court lacks the power to force Jefferson to accept him. 

5. Federalist 78 - discusses the power of judicial review, saying that the federal courts should determine constitutionality of the acts of Congress 

6. Judicial Restraint - less involved court system w respect to other branches, courts unelected and should defer to elected branches, strict constitution interpretation

7. Judicial Activism - belief in an active court system. expanded use of justice, should fix past errors of government, loose interpretation of government

8. Stare Decisis and Legal Precedent in cases  - Using past decisions to set new precedents. Not always guaranteed. Used in Supreme Court

9. The nomination process for federal courts - President nominates judges, and then the Senate Judiciary Committee holds a public hearing to ask the judge questions and they vote

10. Judicial Review - The power of the courts to examine the constitutionality of certain arms of the government

11. Supreme Court Jurisdiction - The Supreme court the first and only court to hear certain cases, such as ones involving states 

12. Chief Justice John Marshall’s role in the Supreme Court - He asserted the judiciary’s authority and made the Constitution into paramount law that holds other branches accountable

13. Original Intent - the judiciary should interpret the constitution according to the understanding of the framers or how they original intended

14. Actions Congress can take to override Supreme Court Decisions - if ⅔ of both houses propose an amendment to the constitution which is then ratified by ¾ of states

15. Amicus Briefs - Submissions by non-parties in Appellate court cases

16. Standards for Supreme Court Justices and how presidents select them - selection comes from the president usually to align with political views. 6 criteria: experience, ideology, rewards, political support, gender/race/ethnicity, and religion. They must then be confirmed which is investigation, lobbying, committee hearing of the senate, and finally senate vote.

17. Judicial Implementation - How judicial decisions are turned into policy. 2 groups: implementing population + consumer population. 3 steps: implementing group understands decision, court policy is followed, and knowledge is given to consumer population

18. The Role of the Senate in selecting a Supreme Court Justice  - Senate Judiciary Committee votes on the Supreme Court Justice after asking the nominee questions in a public hearing