Judicial Branch
All 27 Amendments
freedom of speech, press, assembly, religion, and petition
right to bear arms
no forced quartering of soliders
protection against unreasonable search and seizures
rights of the accused (due process, no self incrmination)
right to fair, speedy, public trial
right to a jury trial civil cases
protection against cruel and unusual punishment
people have rights beyond those listed
powers not given to the federal government belong to the states
restricts the abilities of people to sue states in federal court
revised procedures for electing the president and vice president
abolished slavery
defines citizenship and equal protection
voting rights can’t be denied based on race
authorized federal income tax
established direct election of senators
prohibition of alchohol
women’s suffrage
shortened the time between election and inaguration (lame duck)
repealed the 18th
limited the president to two terms
granted DC electoral votes
abolished poll taxes for federal elections
procedures for presidential disability and succession
lowered voting age to 18
congressional pay raises can’t take effect until the next term
Affirm- findings of the lower courts are upheld
Amicus curiae- person not directly related to the case, but submits a brief to provide information or arguments that could influence the court decision
Appellate judges- review decisions of lower level judges
Briefs- filed by friends or organizations with an interest in an issue, may be used to decide the case
Checks and Balances- system that prevents each branch from having too much power
Circuit Courts- 11 geographical circuits, federal circuit for special appeals
Constitutional cases- legal cases that involve the interpretation and application of the constitution
Courts under the Articles of Confederation- no national court system, legal disputes handled by individual state courts and led to inconsistent rulings
Dissenting opinion- written statement by judges who disagree with the majority opinion
District courts- trial level court, some states have multiple
Federal law cases- cases that arise under the US Constitution, federal laws, or treaties
Judicial review- the power of the courts to examine the actions of the legislative and executive branches and declare them unconstitutional if they violate the Constitution
Judicial term limits- lifetime commitments (good behavior)
Majority opinion- written by the most senior judge in a case who agrees with the majority opinion to give their ruling on the case
Marbury v Madison- Marbury was appointed a midnight judge by John Adams but the new secretary of state Madison refused to deliver his commission, Marshall ruled that while Marbury had a right to commission the law allowing him to sue directly in Supreme Court was unconstitutional, established Judicial Review
Nomination process-
Presidential nomination- president selects someone to fill a vacancy
Committee Review- nomination sent to Senate Judiciary Committee to conduct intensive background checks
Public hearings- the Committee holds hearings where the nominee is questioned about their legal philosophy and qualifications
Committee vote- committee votes to send the nomination to the fill Senate with a recommendation
Full Senate Vote- entire senate debates and votes, simple majority required for confirmation
Original jurisdiction- the court area in which the crime occured (may not be argued lower, can be between states)
Remand- case sent back to lower court for retrial with irregularities
Reverse- lower court ruling in error, overturned, petitioner wins
Split authority- when courts of the same level disagree
Supreme Court- highest level of court that can be argued on, must choose to take on the case, frequently chosen due to civil discrepancies and if two lower courts disagreed
Trial judges- figure out what the law is and in some cases facts