American Government: Stories of a Nation (Presidential Election Update) - Chapter 6

• Article III

  • establishes the supremacy of the Supreme Court over matters involving the Constitution and federal law, in conjunction with the supremacy clause

• original jurisdiction

  • the authority of a court to hear a case first, which includes the finding of facts in the case

• appellate jurisdiction

  • the authority of a court to hear and review decisions made by lower courts in that system

• Federalist No. 78

  • argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches

• Judiciary Act of 1789

  • added five associate justices to the Supreme Court (Constitution does not specify how many justices are on the court), and established two lower federal court tiers

• “good behavior”

  • Condition to be / remain a judge - must act in good faith according to ethics and the law

• senatorial courtesy

  • Presidents will often choose from a list of judges that their home-state senators approve of when nominating a justice to the Supreme Court

• Judiciary Act of 1801

  • Last gasp by Federalists as John Adams was leaving office - expanded number of justices on the Court - “midnight justices” - led to Marbury v Madison

• Marbury v. Madison (s)

  • Several midnight justices did not receive their commissions as promised, and filed suit, saying the Court needed to issue a writ of mandamus (mandate)

  • Significance: established judicial review over federal laws

• John Marshall (s)

  • Chief Justice of the Supreme Court from 1801-1835

  • Significance - Marshall Court (Federalist, expanded national and Court power), judicial review

• judicial review

  • the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution

• criminal law

  • a category of law covering actions that harm the community

• civil law

  • a category of law covering cases involving private rights and relationships between individuals and groups

• federal district courts

  • the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level

• federal courts of appeals

  • the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts

• writ of certiorari

  • A request sent by the Supreme Court to a lower court when it decides to hear a case, requesting more information

• precedent

  • a judicial decision that guides future courts in handling similar cases

• stare decisis

  • letting a previous decision stand

• amicus curiae briefs

  • Briefs containing opinions on the case by interested non-parties to the Court to attempt to “influence the precedential effect of the Court’s ruling”

• majority opinion

  • a binding Supreme Court opinion, which serves as precedent for future cases

• concurring opinion

  • an opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as precedent

• dissenting opinion

  • an opinion that disagrees with the majority opinion and does not serve as precedent

• judicial restraint

  • a philosophy of constitutional interpretation that justices should be cautious in overturning laws

• judicial activism

  • a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

Concepts—Students should be able to describe:

• Factors that impact who presidents nominate to the Supreme Court.

  • age (legacy on the Court)

  • political leaning in past rulings

  • loyalty to President

  • “safe” nomination (least amount of dirt / polarizing info)

  • political ideology, background (education, experience, race, gender)

• The role played by state courts in the U.S. judicial system.

  • State trial courts → state appellate courts → state supreme courts → Supreme Court

• The main arguments supporting the theories of judicial restraint and judicial activism.

  • Judicial restraint - consistent, noninterference with legislative branch

  • Judicial activism - interpret law in context of real, changing world, check laws that favor the majority

• Limits on judicial power that can be imposed by presidents and Congress, including difficulties faced by the court in enforcing their rulings.

  • Executive branch can choose not to enforce SCOTUS rulings