Upgrade to remove ads
Politics of the United States
Gov Chapter 10
Terms in this set (42)
Power of the courts to review acts of other branches of government and the states.
An opinion disagreeing with the majority decision in a Supreme Court ruling.
A signed court opinion in which one or more members agree with the majority view but for different reasons.
A court opinion reflecting the views of the majority of the judges.
"Friend of the Court";may file briefs or even appear to argue their interests orally before the court.
The fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the U.S. government to the Supreme Court.
Rule of Four:
At least four justices of the Supreme Court must vote to consider a case before it can be heard.
Writ of Certiorari:
A request for the Court to order up the records from a lower court to review the case.
An approach to constitutional interpretation that emphasizes the Framers' original interests.
Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.
Prior judicial decisions that serve as a rule for settling subsequent cases of a similar nature.
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Judiciary Act of 1789:
Established basic three-tiered system of federal courts. District courts, Circuit courts, Supreme court.
U.S. Courts of Appeals:
Intermediate appellate courts in the federal system. Hear appeals from lower federal courts, U.S. regulatory commissions, and legislative courts (including the U.S. Court of Federal Claims and the U.S. Court of Veterans Appeals).
U.S. District Courts:
Federal trial courts of original jurisdiction. Original jurisdiction over the Federal Government, civil suits under federal law, civil suits between citizens of different states if the amount in issue is more than $75,000, admiralty or maritime disputes, bankruptcy, and other matters assigned by congress.
Codes of behavior related to business and contractual relationships between groups and individuals.
Codes of behavior related to the protection of property and individual safety.
Authority vested in a particular court to hear and decide the issues in any particular case.
A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles.
A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty.
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III. Federal District Courts, Federal Courts of Appeals, Supreme Court.
Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit. Failed to an extent in Brown v. Board of Education when many schools just didn't integrate.
Courts established by Congress for specialized purposes, such as the Court of Military Appeals. U.S. Territorial Courts, U.S. Court of Veteran Appeals.
Marbury v. Madison:
Case in which the Supreme Court first asserted the power of judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional.
Senate Judiciary Committee:
A Senate committee, charged, among other things, with recommending for or against presidential appointees to the federal courts.
U.S. Supreme Court:
Court that reviews cases from the U.S. courts of appeal (as well as other courts of last resort), and acts as the final interpreter of the U.S. Constitution. Has original jurisdiction over cases between two or more states, the United States and a state, foreign ambassadors and other diplomats, and a state and a citizen of another state. Has appellate jurisdiction over U.S. courts of appeals, highest state courts, court of Military Appeals.
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases. Due to the fact that judges do not necessarily abide by this, the outcome of cases remains relatively unpredictable.
The power vested in an appellate court to review and/or revise the decision of a lower court. Review legal procedures to make certain that the law was applied properly to the issue of the case.
The jurisdiction of courts that hear a case for the first time, usually in a trail. Courts determine the facts of a case under their original jurisdiction. Approximately ninety percent of cases end in a court of original jurisdiction.
How Article III establishes the judiciary's independence and reason for this
Section 1: Congress would establish courts as it saw fit.
Section 2: Specifies judicial power of Supreme Court (The court essentially deals with all cases regarding the Constitution, United States, Maritime Issues, and Interstate Conflict)
Section 3: Defines treason and states two witnesses must be present.
Justices were given life terms in order to put them above the fray of politics and prevent them from being swayed by the public, politics, or politicians.
Checks on judicial power in the Constitution
Congress can alter to Court's jurisdiction (the cases it hears)
Congress can propose constitutional amendments that, if ratified, can reverse judicial decisions.
Congress can impeach and remove federal judges.
President appoints all federal judges.
Nomination criteria used by presidents
Competence: Some judicial or governmental experience.
Ideology or Policy Preferences: Most presidents seek those who share their policy preferences.
Rewards: Many appointees have been friends of the president.
Pursuit of Political Support: May appoint in order to gain support (Clinton and Reagan appointed female judges in order to gain support)
steps in the Senate confirmation process
- FBI and ABA investigations. ABA rates candidates as Well Qualified, Qualified, or Not Qualified.
- Formal nominations are sent to Senate Judiciary Committee.
-Do a lot of questioning and contact potential witnesses who might offer testimony concerning the nominee's fitness for office.
- A vote is then held with the full senate for who is decided by the committee.
Controversies that can arise from Supreme Court nominations, including the role of interest groups (see Robert Bork and "Politics Now"):
Robert Bolk- Actions as solicitor general (especially the firing of the Watergate special prosecutor at the request of president Nixon) made many think he was unfit for office.
The political party in power in the senate has used the confirmation of judicial nominees as a bargaining chip with the party in power.
Interest groups can heavily lobby for a certain person they consider worthy of the position. As was done with nominee Estrada and various Latin American Organizations.
Process used by the Supreme Court to decide whether to hear a case and the five major cues for calling up a case:
-All appeals cases come to the court by writ of certiorari (criteria):
-Case must come from U.S. court of appeals, or state court of last resort
-Case must involve a federal question
-Cases are separated into the discuss list and dead list
-During weekly conference meetings, Rule of Four is observed to decide on cases
Five Major Cues in Calling Up a Case:
The federal government is the party asking for review.
The case involves conflict among the circuit courts.
The case presents a civil rights or civil liberties question.
The case involves ideological and/ or policy preferences of the justices.
The case has significant social or political interest, as evidenced by the presence of interest group amicus curie briefs.
The process used by the Supreme Court to consider cases and make rulings.
First, briefs and amicus briefs are submitted
Oral arguments take place
Justices meet, discuss, and form final opinion of the court
Arguments for judicial activism
Because the Judicial Branch is the least democratic, it should defer policymaking to other branches of government/ approach issues as objectively as possible.
Arguments for judicial restraint:
Judges should broadly use their power to further justice, especially in areas of equality and personal liberty.
Proposed modifications to judicial system that have yet to be decided:
Trial by coin flip.
Ways public opinion can affect Supreme Court decision making (w/ examples):
Public crises act as catalysts for court activity. Court cooperated with FDR's New Deal during the great depression.
During the Webster v. Reproductive Health Services case, marches happened outside the Supreme Court, individuals mailed the Supreme Court, news papers can ads etc.
Korematsu v. US, the court clearly upheld an unconstitutional decision because it was heavily favored by public opinion.
Factors that can complicate judicial implementation, with examples:
How well crated a decision is, public support. Implementing population must act to show they understand the original decision, for implementation to work. Implementing population must also actively follow Court policy. Consumer population must be aware of decision.
Recommended textbook explanations
United States Government: Principles in Practice
Luis Ricardo Fraga
United States Government: Democracy In Action
Richard C. Remy
Magruder's American Government
William A. McClenaghan
This set is often in folders with...
Ap Gov Ch.16
Unit 6 - Chapter 16
Presidential Departments and Experts
Rights and Responsibilities of the States and Citi…
You might also like...
Chapter 9: Judiciary
Ch.10 The Judiciary
AP Government Chapter 10
Chapter 10: The Judiciary
Other sets by this creator
BLAW II Dash
Financial Management Wiley
Financial Planning Attah
Business Ethics Final Dash
Other Quizlet sets
Gov chapter 18 section c
Poli Sci Test 1 Vocab
Judicial System Final
Study Guide Political Science