Upgrade to remove ads
Politics of the United States
GOV Final Module #15
Terms in this set (21)
What did Hamilton mean when he called the judiciary the "least dangerous branch"?
In Federalist #78 Hamilton assured the nation that the judiciary would be the "least dangerous branch" because it would have "no influence over the sword or the purse; no direction of the strength or of the wealth of a society; and can make no active resolution whatever" In Hamilton's view, the judicial branch "may be truly said to have neither force nor will, but merely judgement"
However "mere judgement" is A LOT more powerful than Hamilton thought.
Who controls the "sword" and the "purse"? Does the Supreme Court control either of those things?
What is the significance of Marbury v. Madison (1803) for the power of judicial review?
It established the precedent for judicial review.
In Marbury, the supreme court struck down as unconstitutional a provision of the Judiciary Act of 1789. Writing for the court, Chief Justice John Marshall asserted the primacy of the courts in interpreting the Constitution and statutes, observing, "it is emphatically the province and duty of the judicial department to say what the law in."
Who is the plaintiff in a case? Who is the defendant?
Plaintiff: Party that files a complaint alleging wrongdoing on the part of the defendant.
Defendant: Party who is either being sued or accused in court.
What are the different types of cases?
Civil Case: Plaintiff brings a lawsuit, usually seeking monetary damages for an injury that occurred as a result of the defendant's actions.
Criminal Case: When the government prosecutes someone for allegedly committing a crime.
What is jurisdiction?
The authority of a court of law to hear and decide a case. A court must have jurisdiction over the subject matter of a case and the parties to the case before it may proceed to adjudicate the controversy.
Jurisdiction is determined by the language of Article III of the Constitution and statutes enacted by Congress.
What is standing?
It basically means there must be a legit reason to bring the case to federal court. Having standing to sue or to appeal has nothing to do with ultimately winning the case, however it means only that a suit may be brought.
-To have standing, a party must have suffered, or be about to suffer, an injury. The injury need not be physical in nature; it may be economic or even aesthetic
-It follows from the case or controversy principle that one may not invoke the jurisdiction of a federal court without standing.
What is the "case or controversy principle"?
The Case or Controversy Clause of Article III is a principle of jurisdiction that there must be some conflict for a federal court to hear and decide a case.
What is a political question? Why doesn't the judiciary answer political questions?
Under the Doctrine of Political Questions, cases may be dismissed if the issues they present are regarded as extremely "political" in nature.
It is referring to issues that are likely to draw the courts into a political battle with the executive/legislative branch or are simply more amenable to executive/legislative decision making.
Perhaps the best-established application of the political questions doctrine is the federal courts' unwillingness to enter the fields of international relations, military affairs, and foreign policy making.
What is stare decisis? What role does it play?
A Doctrine stating the courts must use precedents to decide similar cases.
A precedent is an authoritative rule established by a court in an earlier case that guides future decisions in relevantly similar cases. A long-standing tradition in American courts of law stipulates that they should follow precedent whenever possible.
Its role maintains the stability and continuity in the court system. Although the courts have reversed precedents before like the "separate but equal" law in Brown V. Board of Education.
Which article of the Constitution establishes the constitutional basics of the federal judiciary?
Article III of the Constitution provides that "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Thus, Congress was given the power to create and, to some extent, control the federal court system.
BUT...the Judiciary Act laid the foundation for the contemporary federal court system.
What does Article III say about the Supreme Court? Lower Courts?
Basically nothing. Although Article III provided for the Supreme Court, the Court was not officially established until the adoption of the Judiciary Act. The act provided for a Court composed of a chief justice and 5 associate justices. The Supreme Court was given the authority to hear certain appeals brought from the lower federal courts and the state courts.
What protections are given to federal judges?
They serve life time sentences unless they get impeached by 2/3 votes in congress
What is the basic hierarchy of the federal judiciary?
The United States District Courts created by the Judiciary Act of 1789 which were given limited jurisdiction.
• Supreme Court
• Court of Appeal
• District Court
• Specialized Court
Their principal task is to conduct trials and hearings in civil and criminal cases arising under federal law.
What is the process for nominating and confirming a federal judge?
All federal judges, including Supreme Court justices, are appointed by the president, with the consent of the Senate, to life terms.
What role does the Senate play?
Under the Constitution, the Senate must give its "advice and consent" to presidential nominations to the federal courts.
Senators go through senatorial courtesy to influence the selection of a judicial candidate in their state. The Senators can reject the nomination or at least put a hold on the conformation.
What is senatorial courtesy?
An informal process in the appointment process of a federal judge where the senators from the president's party seeks to exert significant influence on the selection of a judicial candidate in their state. Generally, if the senator is unhappy with the candidate, the Senate will reject the nomination or at least put a hold on the confirmation.
How can a federal judge be removed?
The only means of removing a federal judge or Supreme Court justice is through the impeachment process provided in the Constitution.
1. The House of Representatives must approve one or more articles of impeachment by at least a majority vote.
2. A trial is held in the Senate.
3. To be removed from office, a judge must be convicted by a vote of at least two-thirds of the Senate.
What are the steps of a case before the Supreme Court (starting with a writ of certiorari ending with opinions)?
1. Granted writ of certiorari, voted by a least 4 judges. This calls up the record from the lower court for review.
2. Lawyers for both sides submit briefs, as do friends of the court
3. The court holds oral arguments in which lawyers from both sides appear before the court to make statements and answer questions from the bench.
4. The justices meet in private where they vote on how the case should be decided and determine who will write the Opinion of the Court
What are the differences between judicial activism and judicial restraint?
Judicial Activism: more like to support the expansion of the courts jurisdiction and powers are more likely to embrace innovative constitutional doctrines, less likely to follow precedent.
Judicial Restraint: Prefer showing restraint by the court in letting the political branches to decide most questions and follow precedent more strictly.
What are the different constraints on the judiciary?
If Congress disapproves of judicial decision, it may be able to override that decision through a simple statute or through constitutional amendments. Shared presidential senatorial appointment power.
Magruder's American Government
William A. McClenaghan
United States Government: Principles in Practice
Luis Ricardo Fraga
528 expert-verified explanations
United States Government: Democracy In Action
Richard C. Remy
938 expert-verified explanations
YOU MIGHT ALSO LIKE...
Chapter 9: Judiciary
Government Topic 7 Judicial Branch
Civics chapter 10 the judicial branch
American Government Roots and Reforms Chapter 9 Th…
OTHER SETS BY THIS CREATOR
GOV Final Module #14
Gov Final Module #13
Gov Final Module #12
OTHER QUIZLET SETS
CHAPTER 14: JUDICIARY
Module 15: Judiciary
chapter 14 judiciary
Laubach Judicial Branch Test