Judicial Branch

Stare Decisis
"Let the decision stand." Courts should follow precedent so similar cases have similar rulings.

Precedent
A legal principle established by a court decision; future similar cases are expected to follow it.

Writ of Certiorari
An order from a higher court asking a lower court to send up records of a case for review.

Judicial Review
The power of the Supreme Court to declare laws or executive actions unconstitutional. Established in Marbury v. Madison.

Amicus Curiae ("Friend of the Court")
A brief submitted by someone not directly involved in a case to influence the Court’s decision, often from interest groups or the federal government.

Impeachment
The process by which Congress can remove a federal judge for not acting in good behavior.

Good Behavior
Judges serve for life and can only be removed by impeachment, ensuring judicial independence.

Judicial Activism
When judges interpret the law to promote justice or policy change; more likely to overturn precedents and strike down laws.

Judicial Restraint
When judges defer to elected branches and interpret laws based on the original intent of the Constitution.

Checks and Balances – Executive on Judiciary
The President nominates judges, can enforce or delay court rulings, can issue pardons, and influences Court ideology through appointments.

Checks and Balances – Legislative on Judiciary
Congress confirms judges, can change the number of justices, alter appellate jurisdiction, propose amendments, pass new laws, and withhold funding from the judiciary.

Judiciary’s Limitations
The Court lacks enforcement power (relies on the executive branch) and is influenced by public opinion for legitimacy.

Original Jurisdiction
The authority of a court to hear a case first, such as disputes between states or involving federal law.

Appellate Jurisdiction
The authority of a court to review and revise decisions made by lower courts.

Dissenting Opinion
An opinion written by justices who disagree with the majority ruling.

Concurring Opinion
An opinion written by a justice who agrees with the majority outcome but for different reasons.

U.S. Constitution – Article III
Establishes the Judicial Branch, defines jurisdiction of federal courts, and gives Congress power to create lower courts.

Federalist No. 78 (Alexander Hamilton)
Argues for lifetime terms to maintain judicial independence; judiciary is the “least dangerous branch”; supports judicial review to protect the Constitution from congressional overreach.

Marbury v. Madison (1803)
Established judicial review, giving the Supreme Court the power to declare laws and actions unconstitutional. Made the Court a coequal branch of government.

McCulloch v. Maryland (1819)
Ruled that Congress has implied powers under the Necessary and Proper Clause to create a national bank, and states cannot tax the federal government (Supremacy Clause).

Stare Decisis vs. Judicial Activism
Stare decisis follows precedent for stability; activism may overturn precedent to achieve justice or adapt to new times.

Judicial Legitimacy
Public trust and acceptance of the Court’s authority, maintained through consistent reasoning, independence, and fairness.

Checks on the Judicial Branch
Both Congress and the President can limit the Court’s power through appointments, legislation, and constitutional amendments.

Federalist 78 Key Point
Judges must be independent from politics and enforce the Constitution over popular will or congressional laws.

Judicial Review Importance
Allows the Court to serve as a check on the legislative and executive branches, ensuring the Constitution remains supreme.