Judicial Branch Study Guide

Judicial Branch Study Guide

Tailored for AP Government/Civics Exam - January 14
Format: 20 Multiple Choice (MC) / 1 Free Response Question (FRQ)

1. Constitutional Foundations of the Federal Judiciary

• Found in Article III of the Constitution

  • Establishes:

  • Supreme Court

  • Allows Congress to create lower federal courts

• Judges:

  • Appointed for life terms

  • Can only be removed by impeachment

• Purpose:

  • Ensure independent judiciary, free from political pressure

2. Judicial Review

• Definition:

  • Power of courts to declare laws or executive actions unconstitutional

• Not explicitly stated in the Constitution

• Established in Marbury v. Madison (1803)

3. Structure of the Federal Judiciary (3-Tier System)

1. District Courts

   • Type: Trial courts

   • Jurisdiction: Original jurisdiction

   • Primary role: Determine facts and guilt/innocence

2. Courts of Appeals

   • Type: Appellate courts

   • Jurisdiction: Review district court decisions

   • Note: Do NOT retry cases

3. Supreme Court

   • Definition: Highest court in the U.S.

   • Role: Final authority on constitutional issues

4. Criteria & Process for Appointing Federal Judges

• Criteria Considered:

  • Legal experience

  • Judicial philosophy

  • Political ideology

  • Party affiliation

  • Demographics

  • Public reputation

• Process:

  1. President nominates

  2. Senate Judiciary Committee hearings

  3. Senate votes → simple majority needed

  4. Once confirmed → lifetime appointment

5. Supreme Court Decision-Making Process

1. Court accepts a case

2. Briefs submitted by both sides

3. Oral arguments

4. Justices meet in conference

5. Majority vote decides outcome

6. Opinions written:

   • Majority opinion

   • Concurring opinion

   • Dissenting opinion

• Factors Influencing Decisions:

  • Constitution

  • Laws & precedents

  • Judicial philosophy

  • Public opinion

  • Stare decisis

6. Role of the Supreme Court in National Policymaking

• Functions:

  • Interprets laws and Constitution

  • Can:

  • Strike down laws

  • Expand or limit rights

  • Influences social, political, and economic policy

  • Acts as a check on Congress and the President

7. Federalist No. 78 (Alexander Hamilton)

• Key Assertion:

  • Judiciary is the “least dangerous branch”

• Characteristics:

  • Has no control over money (as Congress does)

  • Has no enforcement power (as the Executive does)

• Functions of Judicial Review:

  • Protects Constitution

• Life tenure ensures independence

8. Original vs. Appellate Jurisdiction

• Original Jurisdiction:

  • Definition: Case starts in that court

  • Supreme Court has original jurisdiction in:

  • Cases involving states

  • Foreign ambassadors

• Appellate Jurisdiction:

  • Definition: Court reviews decisions from lower courts

  • Note: Most Supreme Court cases are appellate

9. Judiciary Acts

• Judiciary Act of 1789:

  • Created federal court system

  • Established:

  • District courts

  • Circuit courts

  • Supreme Court structure

• Judiciary Act of 1801:

  • Reduced number of Supreme Court justices

  • Created new judgeships

  • Led to “midnight judges”

  • Repealed in 1802

10. Marbury v. Madison (1803)

• Facts:

  • William Marbury sued for his judicial commission

  • Supreme Court ruled commission was withheld illegally

• Holding:

  • Court said part of Judiciary Act of 1789 was unconstitutional

  • Established judicial review

• Judicial Review Allows:

  • Declare laws unconstitutional

• Limits:

  • Court must wait for a real case

  • Cannot enforce rulings themselves

11. Selecting Supreme Court Justices

• Presidents consider:

  • Ideology

  • Political impact

  • Judicial philosophy

  • Age (younger = longer influence)

  • Demographics

12. Confirmation Process

1. Nomination by President

2. Judiciary Committee hearings

3. Senate debate

4. Senate vote (majority wins)

13. How the Supreme Court Chooses Cases

• Writ of Certiorari:

  • Order to lower court to send case records

• Rule of 4:

  • At least 4 justices must agree to hear the case

• Court prefers cases involving:

  • Constitutional questions

  • Conflicting lower court decisions

14. Judicial Activism vs. Judicial Restraint

• Judicial Activism:

  • Definition: Courts actively interpret Constitution

  • Will overturn laws

• Judicial Restraint:

  • Definition: Courts defer to elected branches

  • Avoid overturning laws

15. Stare Decisis

• Definition:

  • Means “let the decision stand”

• Implications:

  • Courts follow precedent

  • Promotes consistency and stability

  • Can be overturned in rare cases

16. Original Intent

• Definition:

  • Judges interpret Constitution based on framers’ original meaning

• Implications:

  • Limits modern reinterpretation

17. Public Opinion & the Court

• Court Insulation:

  • Court is insulated from direct political pressure, but:

  • Aware of public legitimacy

  • Avoids decisions far outside public views long-term

18. “Legislating from the Bench”

• Definition:

  • Criticism that judges are making policy instead of interpreting law

• Association:

  • Often associated with judicial activism

19. Presidential Checks on Judiciary

• Presidential Powers:

  • Appoint judges

  • Appoint Chief Justice

  • Grant pardons

  • Enforce court decisions

20. Legislative Checks on Judiciary

• Legislative Powers:

  • Senate confirms judges

  • Can impeach judges

  • Can propose constitutional amendments

  • Controls court jurisdiction and funding

FRQ Tip

If the free response asks about:

• Judicial review → mention Marbury v. Madison

• Checks & balances → provide specific examples

• Federalist 78 → emphasize the least dangerous branch

Additional Offers

• Create practice multiple-choice questions

• Write a model FRQ answer

• Make a 1-page cram sheet for the night before the test