Chapter 6
Congressional Checks on the Court -- approval of judicial appointments by____ majority vote -- refusing or limiting funding for _______ of judicial decisions -- rewrote or revise _____ found unconstitutional -- pass new_____ to limit impact of judicial decisions --change the ______jurisdiction of the SC (jurisdiction stripping) -- change number of _______ on SC -- create and define jurisdiction of lower courts -- _______(H of R's majority vote) conviction and removal from office (Senate 2/3 vote) of federal judges -- introduce constitutional amendments to change or clarify the Constitution concerning Court decisions with a 2/3 vote of each chamber
-- approval of judicial appointments by Senate majority vote -- refusing or limiting funding for implemation of judicial decisions -- rewrote or revise legislation found unconstitutional -- pass new laws to limit impact of judicial decisions --change the appellate jurisdiction of the SC (jurisdiction stripping) -- change number of justices on SC -- create and define jurisdiction of lower courts -- impeachment (H of R's majority vote) conviction and removal from office (Senate 2/3 vote) of federal judges -- introduce constitutional amendments to change or clarify the Constitution concerning Court decisions with a 2/3 vote of each chamber
Executive Checks on the Courts -- nominates SC ____ and appoints all lower federal _____ -- refusing to enforce or limiting enforcement of ____ _____ -- rewrite or revise _______ orders found unconstitutional -- grant pardons, commutations, and reprieves.
-- nominates SC justices and appoints all lower federal judges -- refusing to enforce or limiting enforcement of judicial decisions -- rewrite or revise executive orders found unconstitutional -- grant pardons, commutations, and reprieves.
How do cases move through the system? 1) Where do the cases begin? 2) What happens at the District court level? 3) What happens at the court of appeals level 4)What happens when appealing to the supreme court? 5) What happens when the case reaches the supreme court? 6) What is happens at the decision?
1) Federal Court System or State Court System 2) Federal --> Federal district courts (cases end here) 3) Litigants may move to Appellate Courts (cases can be affirmed, reversed, or remanded) 4) Upon appeals, Supreme Court can refuse to hear a case, rule of four (four judges must agree to hear a case) 5) If accepted court issues a writ of certiorari 6) Judicial conference wherein justices meet and vote in secret
How the Federal Judiciary is Structured
1)U.S. Supreme Court --appellate jurisdiction -- limited original jurisdiction 2) 13 U.S. Court of Appeals --appellate jurisdiction 3 a)U.S. District Courts --original Courts 3b) Specialized Federal Courts 3c) Many Federal Agencies
How do the courts make a law? 1) Why are appellate decisions and SC decisions important? What do lower courts have to follow? What do all courts must conform to? a) Decisions made by appellate courts are called ______. What's a precedent? b) What's stare decisis? c) Lower courts must follow the ____ from higher courts
1. appellate decisions, including SC decisions, are important because they carry the weight of law. Lower courts must follow all appellate court decisions within their jurisdiction in future cases. Because the SC is the highest court, all court decisions, state and federal, must conform to SC precedent a. Decisions made by appellate courts are called precedents. A precedent is a legal decision that must be applied in future cases involved substantially similar fats and law. b. Stare decisis is the legal doctrine requiring courts to follow precedents in subsequent cases. c. Lower courts must follow the precedent from higher courts.
The Court System 1. the U.S. has a dual court system consisting of the ____ _____ system and 50 court system 2. Federal and state court systems share a pyramid structure. The largest number of ___ ___ are the base of the pyramid, a middle tier consisting of a smaller number of _________ courts, and a single ___ ____ at the top.
1. the U.S. has a dual court system consisting of the federal court system and 50 court system 2. Federal and state court systems share a pyramid structure. The largest number of trial courts are the base of the pyramid, a middle tier consisting of a smaller number of appellate-level courts, and a single supreme court at the top.
writ of certiorari
A formal writ used to bring a case before the Supreme Court.
Federalist No. 78. How did Hamilton respond to the concerns in Fed No 78 about judicial review having too much power?
Argument made 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. 1) The courts is the weakest because it is lacking military and financial authority. Judiciary does not influence them. 2) Federal judges will be there for life because the security of life tenure would ensure their freedom and independence to defend the Constitution. 3)The antifederalist argued that judicial review gives too much power (not in Constitution but is implied), but Hamilton argued that (a) the Constitution represents the will of the people more profoundly than do laws (b) it is the domain of the courts to determine the meaning of laws and whether a law is unconstitutional (c) courts must have the power to enforce constitutional limits on executive and legislative branches (checks and balances) (d) Courts a re a safeguard individual liberties against the power of the legislature
Marbury v Madison Facts? Constitutional issues? Holding? Reasoning?
Facts: John Adams lost to Thomas Jefferson, and Adams appointed several Federalists to judicial positions in an attempt to extend the party powers. B/c it was rushed, Jefferson saw no need to deliver the appointments. Marbury did not receive his commission, so he sued the Court asking for Madison to deliver his Commission Constitutional Issues: a) Is Marbury entitled to his commission? b) Is Marbury entitled to a remedy in the courts? c) Should the Court grant writ of mandamus, the remedy sought by the plaintiffs Holding: a) yes, Marbury is entitled to his commission b) yes, Marbury is entitled to a judicial remedy c) No, Section 13 of the Judiciary Act of 1789, giving the SC original jurisdiction to issue writes of mandamus, was unconstitutional Reasoning: Section 13 of the Judiciary Act was unconstitutional because according to the Supremacy Clause. Marshall cleverly avoided conflict with the Jefferson administration while at the same time claiming for the court, unquestionably, the power of judicial review.
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.
Explain two ways in which judicial activism could be used to protect civil liberties
Judicial activism could be used to protect civil liberties because (a) it lends itself to applying such broad and undefined concepts such as "due process" and "equal protection" in novel and expansive ways, and that federal courts are not responsive to the majority but rather the Constitution (b) so have the flexibility to protect civil liberties by declaring as unconstitutional various laws that impede on those liberties.
The Federal Courts Pyramid
Lowest level: Federal District Courts •Trial courts in federal system; handling most of the work; original jurisdiction •94 total Middle level: Federal Courts of Appeals •13 total •Appellate jurisdiction only; reviewing decisions made by district courts Top level: SCOTUS •Resolves differences between the states, resolve different interpretations of the law •1 court (original and appellate) •9 justices since 1869
How does the appointment to the Federal Courts Work
President nominates judges and Supreme Court confirms nominees
Article III in the Constitution structures the federal judiciary. Describe the first three sections. Section 1: power of ____ ___ is given to one ___ ___. Congress creates lower ____. How long do federal judges serve for? Section 2: What are the two types of jurisdiction that SC will hear cases under? What does it guarantee for all crimes? Where will a trial be held? Section 3: How does it define treason?
Section 1: --power of judicial branch is given to one Supreme Court. Congress creates lower courts. Federal judges can serve for life (good behavior). Section 2: --SC hears cases under two types of jurisdiction a) the Court had original jurisdiction in cases involving federal officials, international issues, and cases in which a state is named as a party b) The Court appellate jurisdiction in all other federal law or the Constitution --Guarantees the right to jury trial for all crimes. Trial in state the crime was committed. Section 3: --Defines treason ("levying war against the U.S.") or in adhering to their Enemies, giving them Aid and Comfort and requires the testimony of two witnesses for conviction. The Farmers took care to define treason narrowly, so to not inhibit political speech.
Strict vs. Loose Construction (definitions)
Strict constructionist: believes that the federal government many only act in ways that the Constitution specifically says it can. This involves taking a close or narrow interpretation of the Constitution and is relate to the idea of judicial restraint. Loose Construction: believes the federal government may take actions not specified in the Constitution as on as they are not directly forbidden, This involves taking a broad interpretation of the Constitution to adapt to oden world and is related to the idea of judicial activism.
Explain why the Supreme Court had jurisdiction over state laws involving same-sex marriage
The Supreme Court had jurisdiction over state laws involving same-sex marriage because of the Equal Protection Clause (no state shall deprive a person of the equal protection of the law) of the Fourteenth Amendment. That clause protects those is a same-sex marriage which makes state laws barring same-sex marriage unconstitutional.
Federalist 78 What were the concerns of antifederalist about the judicial branch during the ratification debate?
They were concerned because they thought the SC would impede on state courts and overturn their state laws/ powers/ sovereignty. The Judicial power comes from Article III of the Constitution, and in Section one of article III, the first sentience is the Supremacy Clause..
Explain two reasons why the Supreme Court is insulated from politics
Two reasons why the Supreme Court is insulated from politics, which can involve an elaboration of any two of the following: (a) the Supreme Court is inherently a non-political institution, in that the justices are not trying to curry favor but instead apply the law in an even-handed way;(b) American's common law system requires Supreme Court justices to make rulings that the public can read. Since the Supreme Court often protects the interests of the minority by applying the law even-handedly, the justices need the protection of being insulated from politics
Describe two reasons why the SC might decide to take a case.
Two reasons why the Supreme Court might decide to assert jurisdiction over a given case on any subject, not necessarily same-sex marriage, include the importance of a given legal or constitutional issue, the number of people affected by the Court's resolution of a given case, whether the lower courts have reached inconsistent decisions.
civil law
a category of law covering cases involving private rights and relationships between individuals and groups
criminal law
a category of low covering action determined to harm the community
precedent
a judicial decision that guides future courts in handling similar cases.
Judicial Restraint
a philosophy of constitutional interpretation that justices should be cautious in overturning laws (conservative) -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 •Complexity of execution of decisions is beyond their scope
Judicial activism (liberal)
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies -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 -Active courts in the 1960s struck down discriminatory state laws that restricted civil rights
A factor in Judicial Decision making is Judicial Appointments. A) Who are SC appointed by/ confirmed? B) What do SC vacancies give presidents the opportunities to install? If the president's party holds the majority in Senate, what do they have an opportunity to do? What are judicial appointments?
a. SC are appointed by the president and confirmed by the Senate by majority vote b. SC vacancies give presidents opportunities to install powerful policy makers who will serve life terms. President appoint justices. The appointee is related to the composition of the Senate. If the president's party holds a majority in Senate, they have more latitude in selecting an appointee who is more ideologically pronounced. If the opposing party has control then the appointee is more moderate.
Factor in Judicial Decision-Making. A) Is the interpretation of the law/ Constitution complex? The Constitution is vague. Constitution to help judicial decisions. B) Justices with _____ analyze the facts and arguments contained in the parties briefs, their oral arguments, and amicus curiae briefs C). Justices rely on______ E) justices bench _____philosophies in their decisions. Justices can be liberal of conservative
a. the interpretation of federal law and the Constitution is complex. The language of statues (laws passed by congress) is often unclear when applied to situations that arise in the real world. The Constitution is vague. Constitution to help judicial decisions. b. Justices with law clerk analyze the facts and arguments contained in the parties briefs, their oral arguments, and amicus curiae briefs c. Justices rely on precedent e. justices bench political philosophies in their decisions.. Justices can be liberal of conservative
concurring opinion
an opinion that agrees with majority decision, offering different or additional reasoning, that does not serve as precedent
dissenting opinion
an opinion that disagrees with the majority opinion and doe not serve as precedent
majority opinion
binding Supreme Court opinions, which serve as precedent for future cases
Name the factor in Judicial Decision-Making a. there are no constitutional requirements for qualifications of SC justices, although all have had legal training b. Federal _____ hold life tenure and may only be removed by impeachment proceedings.
the Justices
Original jurisdiction
the authority of a court to act as the first court to hear a case, 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
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
stare decisis
the practice of letting a previous legal decision stand
