Ap Gov Unit 2 part 3

2.8 The Federal Judiciary

1. Three levels of the federal court system: U.S. District Courts, U.S. Circuit Courts of Appeals, U.S. Supreme Court.

2. Importance of Article III: Establishes the judicial branch, defines the Supreme Court, and allows Congress to create lower courts.

3. Original vs. Appellate Jurisdiction:

Original jurisdiction: Authority to hear a case first.

Appellate jurisdiction: Authority to review lower court decisions.

4. Judicial Review: The power of courts to declare laws or executive actions unconstitutional.

5. Case establishing judicial review: Marbury v. Madison (1803).

6. Purpose of U.S. District Courts: Serve as trial courts for federal cases, handling both criminal and civil cases.

7. Civil vs. Criminal Case:

Civil case: Disputes between individuals/entities.

Criminal case: Government prosecutes violations of law.

8. Attorney General’s job: Head of the Department of Justice, oversees federal law enforcement.

9. Purpose of U.S. Circuit Courts of Appeals: Review appeals from district courts to ensure proper application of law.

10. Types of cases the Supreme Court mostly hears: Constitutional issues, federal law disputes, and cases affecting national policy.

2.9 Precedent and Judicial Power

1. Precedent: A prior court ruling that serves as a guideline for future cases.

2. Stare Decisis: The principle of upholding past judicial decisions to ensure consistency.

3. Binding vs. Persuasive Precedent:

Binding precedent: Lower courts must follow higher court rulings.

Persuasive precedent: Courts can consider rulings from other jurisdictions but are not obligated to follow them.

4. Impact of McCulloch v. Maryland & Gibbons v. Ogden:

McCulloch v. Maryland (1819): Expanded federal power by upholding the implied powers of Congress.

Gibbons v. Ogden (1824): Strengthened federal control over interstate commerce.

5. Example of overturning precedent: Brown v. Board of Education (1954) overturned Plessy v. Ferguson (1896), ending legal segregation.

2.10 Judicial Interpretation

1. Strict Constructionist: Interprets the Constitution literally, limiting federal power.

2. Liberal Constructionist: Interprets the Constitution more broadly, allowing for implied powers.

3. Roosevelt’s Court-Packing Plan: FDR proposed adding justices to the Supreme Court to support his New Deal policies.

4. Warren Court’s impact: Expanded civil rights and civil liberties, including decisions on racial integration and criminal justice rights.

5. Key Warren Court Cases:

Brown v. Board of Education (1954) – Ended segregation.

Gideon v. Wainwright (1963) – Right to an attorney.

Miranda v. Arizona (1966) – Miranda rights.

6. Process for cases to reach the Supreme Court: Writ of certiorari, four justices must agree to hear the case ("Rule of Four").

7. Majority, Concurring, and Dissenting Opinions:

Majority opinion: The ruling of the Court.

Concurring opinion: Agrees with the majority but for different reasons.

Dissenting opinion: Disagrees with the ruling.

2.11 Judicial Philosophy & Selection

1. Judicial Activism: Courts actively interpret the Constitution to address societal issues. Example: Roe v. Wade (1973).

2. Judicial Restraint: Courts defer to legislatures, avoiding broad constitutional interpretation. Example: Plessy v. Ferguson (1896).

3. Process of selecting federal judges: Nominated by the president, confirmed by the Senate.

4. Senatorial Courtesy: Senators influence judicial appointments in their state.

5. Interest Groups’ Role: Lobbying, filing amicus curiae briefs, and influencing public opinion.

6. Nuclear Option: A Senate rule change allowing confirmation of judges with a simple majority vote.

7. Removing Federal Judges: Impeachment by the House, conviction by the Senate.

8. Standing: The legal right to bring a case to court, determined by the judiciary.

Judicial System and Powers

Appellate Jurisdiction: The power of a court to review decisions made by lower courts.

Attorney General: The head of the U.S. Department of Justice, responsible for federal law enforcement.

Certiorari (Writ of Certiorari): An order by the Supreme Court to a lower court to send up records for review.

Federalist No. 78: Alexander Hamilton’s essay arguing for judicial independence and the power of judicial review.

Judicial Review: The power of courts to determine the constitutionality of laws and government actions (Marbury v. Madison established this).

Marbury v. Madison (1803): The Supreme Court case that established judicial review.

Original Jurisdiction: The authority of a court to hear a case first, before any appellate review.

U.S. District Courts: The trial courts of the federal system where cases are initially heard.

U.S. Circuit Courts of Appeals: Intermediate appellate courts that review decisions from district courts.

Judicial Precedent and Interpretation

Binding Precedent: A past decision that lower courts must follow.

Persuasive Precedent: A past decision that courts may consider but are not required to follow.

Precedent: Previous court decisions that influence future cases.

Stare Decisis: The principle of upholding precedents to ensure legal consistency.

Supreme Court Procedures and Opinions

Majority Opinion: The official ruling of the Supreme Court that sets precedent.

Concurring Opinion: A separate opinion by a justice who agrees with the majority but for different reasons.

Dissenting Opinion: A written disagreement by justices who oppose the majority ruling.

Petition for Certiorari: A request for the Supreme Court to hear a case.

Rule of Four: The requirement that at least four Supreme Court justices must agree to hear a case.

Judicial Philosophy and Selection

Strict Constructionist: Believes in interpreting the Constitution literally and narrowly.

Liberal Constructionist: Believes in a broader, more flexible interpretation of the Constitution.

Judicial Activism: When courts actively shape policy by overturning precedents or broadening rights.

Judicial Restraint: When courts defer to legislative or executive actions, avoiding activism.

Nuclear Option: A Senate rule allowing confirmation of judicial nominees with a simple majority vote.

Senatorial Courtesy: The tradition of senators influencing judicial appointments in their state.

Standing: The legal right to bring a lawsuit, requiring a direct stake in the case.