AP Gov: Chapter 6 Test

amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

Rule of Four

four or more justices vote to hear cases on appeal

What kind of cases are more likely to be heard by the Supreme Court?

involve questions of the Constitution, a federal law, or a treaty.

Judicial independence

justices being impartial and untied to any one person or interest; not tools of the state or citizens, but interpreters and appliers of law

Who has jurisdiction of criminal and civil law?

State and federal gov´t

What kind of judges can be elected in the United States?

State judges- varies from state to state.

Who establishes the lower courts?

Congress

Instead of public opinion, what does the SCOTUS have to consider?

The facts of the case and the letter of the law.

Impact of Caperton v. Massey Coal Company

This case impacts judicial independence by showcasing how outside or personal conflicts can impact the way that the judicial branch functions. Emphasized that the judicial branch must be above politics and that a case can be looked at through a political lens, so any of the federal judges can be drawn into politics unwillingly.

Certain state laws can ______ from state to state, sometimes contradicting each other.

vary.

What is Hamilton´s argument in Federalist No. 78?

Argued for an independent judiciary and how that was essential for preserving liberty as well as applying the checks and balances of the Constitution. He also argues that federal judges should appointed for life and their salaries should be protected.

What article of the Constitution describes the judicial branch?

Article 3

Marbury v. Madison (1803) [facts]

Before President John Adams´ successor, Thomas Jefferson, could take office in 1800, he issued the Judiciary Act of 1801. The Judiciary Act of 1801 allowed for more courts, judges, and gave his administration the ability to appoint 16 new circuit judges as well as 42 new justices of peace. Although the Senate confirmed all of his nominations, they weren't actually valid until the secretary of state delivered the commissions. Many appointees, such as William Marbury, did not receive their commissions before John Adams´ presidency had officially ended. These appointees then filed suits against the new Secretary of State, or James Madison, that requested that the Supreme Court issue writ of mandamus to force Madison to deliver the commissions.

Why are Appellate and Supreme court nominees harder to confirm?

Confirmation heavily affected by partisanship Senate hearing, nominees are subject to intense scrutiny

What tools Does a Supreme Court Justice use to interpret the laws?

Court precedent Rule of Law needs consistency Empirical facts: What´s the impact of the decision? Natural law

Marbury v. Madison(1803) [questions]

Do the men, or the plaintiffs, have a right to their commissions? Do the plaintiffs have the right to sue for their commissions in court? Does the Supreme Court have the authority to issue the delivery of the commissions under the writ of mandamus?

What is the middle level of the federal court system?

Federal Court of Appeals 13 total Appellate jurisdiction only; reviewing decisions made by district courts

What is the lowest level of the federal court system?

Federal District Courts Trial courts in federal system; handling most of the work; original jurisdiction 94 total

Hamilton´s response to Anti federalist concerns

He argued that the judicial branch only has the power of judgement, making it the weakest branch compared to Congress´ power of allocating funds(purse) and the executive branch's power to control the military(sword).

How can a Supreme Court justice be removed?

Impeachment

Judiciary Act of 1789

In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures. it established the five associate judges to the Supreme Court and the two lower tiers to the federal judiciary.

Why might a justice vote against granting cert?

The case have a likelihood of setting a precedent against the views of the justice.

Explain how the decision in Marbury v. Madison insulates the judiciary from public opinion.

The decision in Marbury v. Madison insulated the judiciary from public opinion because it strengthened the judicial branches power and overall ability to have judicial independence. When making his decision, Marshall considered what the public would say in terms of their legitimacy in their rulings. The power of judicial review helped reaffirm the power of the judiciary, and strengthened their ability to make decisions without the input of the other branches and the people.

Why do you think the founding fathers wanted the federal judiciary to be the most independent branch of government?

The founding fathers wanted the federal judiciary to be the most independent so that they could make the most impartial judgements or decisions. While the other branches operate on public opinion when it comes to reelection and generally creating policies that benefit the nation, the judicial branch has the responsibility of ensuring that the Constitution is protected and maintained through those policies.

How does public opinion play a role in the power of the judicial brach?

The judicial branch's power is tied to how the American people view their legitimacy.

How does the power of judicial review make the Supreme Court a coequal branch of government?

The power of judicial review makes the Supreme Court a coequal branch of the government because it allows the judicial branch to keep the other branches in check. Although the Supreme Court cannot enforce their rulings, judicial review makes it so the other branches are somewhat dependent on the Supreme Court.

What did the Framers write about the judicial branch?

They agreed that the judicial branch should have a degree of independence, lifetime tenure with ¨good behavior¨, no reduction on salaries should be allowed, and that the president could nominate federal judges, while the Senate would confirm the nominations. The Supreme Court is the only element of the judicial branch described in the Constitution; leaving the inferior courts up to Congress.

How is life tenure a necessity for an independent judiciary?

Insulates the justices from the politics of reelection, that can influence their decision making. Judicial independence has also been threatened by the money from special interests seeking to shape the courts during judicial election campaigns.

Who petitions the Supreme Court?

Lower court litigants(person involved in case.

Marbury v. Madison(1803) [impact]

Marbury v. Madison is important because it established the precedent of judicial review for the Supreme Court. Going forward, the Supreme Court can strike down laws and executive actions that violate the Constitution.

Why did Sotomayor have a somewhat smooth confirmation?

Obama has high popularity and the Senate was dominated by Democrats.

Checks on the Supreme Court

POTUS nominates; Senate confirms Congress sets the size and jurisdiction Congress writes legislation modifying the impact of decisions Lacks power of implementation Must rely on other branches to oversee decisions Appointed for life, but public opinion shapes the legitimacy of the court Abuse of power (judicial review) scrutinized

Who is Sonia Sotomayor?

President Obama´s nominee for the Supreme Court in 2009, to replace David Souter(a liberal decision maker). Experience: attended Yale Law School, former prosecutor and litigator, judge with U.S. Court of Appeals for Second Circuit

How do presidents have a long lasting influence on the federal government?

Presidents have the ability to implement a long lasting influence on public policy since they get to nominate judges that serve lifetime terms. Whomever the nominate, will more than likely rule in a similar manner to them.

Why do state and federal laws result on a federalist issue?

Some things that are considered illegal under federal can be permitted under state governments(vice versa).

Why were Republicans weary of appointing Sotomayor and what stopped them from not doing so?

Sotomayor was a very outspoken nominee who made public remarks the importance of her identiy and how that would play into her decision making. Republicans feared that, that would mean she would expand her power beyond the Constitution. These Republicans hoped that their opposition would gain support from their conservative supporters, but knew it would alienate female and Hispanic voters.

Who handles a majority of the cases in the United States?

State Courts

Caperton v. Massey Coal Company

Supreme Court ruled that elected judges should not rule in cases involving their major backers, Court held that Justice Benjamin (West Virginia) failed to recuse himself and violated the plaintiff's due process under the fourteenth amendment

What is the top level of the federal court system?

The Supreme Court Resolves differences between the states, resolve different interpretations of the law 1 court (original and appellate) 9 justices since 1869 can exercise original jurisdiction in cases affecting Ambassadors, public Minister or Consul, and when a State is a Party

What questions are the Supreme Court presented with when exercising appellate jurisdiction?

1.)does it take on the case 2.)if yes, it issues its decision based on the merits of the case and applicable law

Marbury v. Madison(1803) [decision & why]

The Supreme Court ruled on the side of Madison in a unanimous vote. The Court reached this decision by determining that the portion of the Judiciary Act of 1801 that gave the Court the ability to issue a writ of mandamus was unconstitutional. Marshall wrote how the writ of mandamus extended past the power granted to the judicial branch under Article 3, Section 2 of the Constitution. Although Marshall did agree that the men had a right to their commissions from Madison, he had to rule against them because Congress did not have the authority to create laws that expand or override powers established in the Constitution.

Worcester v. Georgia (1832)

A Supreme Court ruling that declared a state did not have the power to enforce laws on lands that were not under state jurisdiction; John Marshall wrote that the state of Georgia did not have the power to remove Indians; this ruling was largely ignored by President Andrew Jackson

Judicial Activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Other branches make mistakes, or trample over rights and liberties Often protects minorities by striking down opinion of majority Justices are free from concern about popularity of their actions

Judicial Restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures Defer to the judgment of the legislative and executive branches Elected bodies represent majority rule Ruling against them sets an undemocratic precedence Judges are not policy specialists, but legal and constitutional specialists

Who does the president usually pick for Chief Justice?

A sitting member on the Court or they can pick someone from the outside.

What does the Supreme Court have supremacy over?

All things involved with the Constitution and federal law.

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

Antifederalist concerns/Brutus´ argument

Antifederalists feared that a powerful judiciary would diminish the rights of states and individuals.Brutus argued that the unelected justices would use their own personal views to decide what is constitutional and what's not, and that there would be no superior check on the Supreme Court´s power by the other branches.

How are justices appointed?

nominated by the president and confirmed by the senate

Brown v. Board of Education (1954)

unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Brown claimed that Topeka's racial segregation violated the Constitution's Equal Protection Clause because the city's black and white schools were not equal to each other and never could be. Overruled Plessy v. Ferguson's "separate but equal" doctrine and would eventually led to the desegregation of schools across the South

How much cases do the Supreme Court hear?

About 80 out of 7,000-8,000

Why does the Supreme Court have a better chance at bringing stability to a controversial case?

both Congress and the president may be afraid to way in due to possible backlash, while the Court is insulated from politics and reelection.

What does a president consider when choosing a nominee?

experience, ethical integrity, and legal accomplishment. Race, ethnicity, gender are modern considerations. The president also considers the nominees politcal ideology, however the president has no influence on how a justices votes once they have been confirmed.

court-curbing measures

strategies for reducing the power of the Supreme Court or the impact of its rulings.

Why are district court nominees confirmed faster?

the president can personally reach out to senators that represent the state where the district court nominee is from and encourage them to support them.

What are rights of a defendent accused of breaking criminal law?

the right not to be forced to testify(5th Amendment), the right to a speedy and public trial by an impartial jury, the right to confront witnesses, the right to be represented by an attorney(6th Amendment), and the right not to be tried for the same crime more than once(5th Amendment).

What can the concurring and dissenting opinion be used for?

they can be used in future cases where the Court has to revisit the precedent.

State Court Structure

trial courts of original jurisdiction, appellate courts with appellate jurisdiction, and state supreme courts