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Jordan AP Gov Chapter 14
Terms in this set (62)
What is the highest court in the U.S.?
The Supreme Court.
T/F Over the last few years, the appointment of Supreme Court Justices has become more and more politicized.
Who are the heads of the Supreme Court?
The Supreme Court Justices.
Steps to becoming a justice:
How many seats are in the Supreme Court?
How long is the term of a Supreme Court justice?
Because of this, there is little incentive to quit; only branch of government where there are lifetime terms.
Why do justices typically retire?
To give the president of the same party an opportunity to fill the replacement with a sympathetic nominee.
What is a less frequent way that a justice steps down?
They did in office:
Examples are Antonio Scalla and Ruth Bater Ginsburg.
Who nominates and the justices?
How does Obama describe a "Goldilocks" candidate?
A justice who was not to liberal or conservative, but just right.
Who has the constitutional right to confirm justices?
Explain the controversy behind Merrick B. Garland?
After the sudden death of Scalla, Obama nominated Garland 10 months before the next election, believing him to be a "Goldilocks" candidate. However, Senate Majority leader Mitch McConnell did not consider Garland's nomination at all, claiming that the next election was so close, so the next president should appoint the Justice of their choice. This was done to prevent a liberal lead in the Supreme Court.
Why is an even-numbered Supreme Court a bad thing?
There is a risk that the court would be split on many vital decisions.
Where are the powers of the Supreme Court located in the Constitution?
Article III, Section 1.
How could a federal judge lose their position?
Examples includes Alcee Hastings.
What is judicial review?
The power of the Supreme Court to determine the Constitutionality of a congressional law or presidential act.
T/F The Supreme Court was created as a branch to have lost of power.
False, originally the Court had little power.
Back then, the Court didn't even have a building and met as a courtroom in Congress.
T/F: Today, arguably, the Supreme Court has the most power.
How did Hamilton had foreseen and tackled the problem in Federalist No. 78?
Writing during the ratification debates surrounding the adoption of the Constitution, Hamilton maintained that despite the power of judicial review, the judiciary would be the weakest of the three branches of government because it lacked the strength of the sword or the purse.
Hamilton's arguments for judicial review:
1. Judicial review was an essential barrier to legislative oppression.
2. The power to declare government acts void implied the superiority of the courts over other branches.
3. Judicial review reflects the will of the legislature.
What guarantees judicial independence?
Lifetime tenure and protected salaries
What does judicial independence do?
It frees judges from executive and legislative control, minimizing the risk of deviation from the law established in the Constitution.
Who has the power to fix a judge's mistakes and how can these mistakes be corrected?
The people or there elected representatives have the means to correct the error through constitutional amendments and impeachment.
Why do court judges tend to vote against candidates they do not like?
Because judges do not need to worry about being appointed again.
The U.S. court heiarchy:
1. The Supreme Court.
2. The Court of Appeals.
3. The District Court.
Which is the only court to host trials?
In a trial, where is the prosecutor from?
The district being represented.
Who is the head of the court for each state district?
The U.S. Attorney.
How many district courts are in the U.S.?
How many district courts are in Florida?
How many circuits are in the Court of Appeals?
States in the 11th Circuit?
How do hearing work in the Court of appeals?
3 judges (to prevent a tie) hold the hearing, and after hearing the lawyers' statements, the judges discuss their course of action.
Today the authority of U.S. district courts extends to the following:
1. Federal criminal cases, as defined by national law.
2. Civil cases, brought by individuals, groups, or the government, alleging violation of national law.
3. Civil cases brought against the national government.
4. Civil cases between citizens of different states when the amount in controversy exceeds $75,000.
What types of appeals does the Supreme Court have?
Original and competitive.
When does the Supreme Court case begin?
On the first Monday of October.
T/F Justice votes are public.
Who are litigants?
People who follow cases.
Cases that reach the Supreme Court usually come from where?
The Court of Appeals.
Sometimes, they come from the State Supreme Court, although this is rare.
What two conditions must litigants in state cases who invoke the Court's appellate jurisdiction satisfy?
First, the case must have reached the end of the line in the state court system. Litigants cannot jump at will from a state to a federal court. Second, the case must raise a federal question, that is, an issue covered by the Constitution, federal laws, or national treaties. But even cases that meet both of these conditions do not guarantee review by the Court.
What has the Court exercised since 1925?
Substantial control over its docket.
Docket is an Agenda; Today, the court nearly has complete control towards the docket.
How many cases does the Court typically consider and from how many request?
The Court selects about 80 cases from the 9,000 requests filed each year.
What do the requests become and how does it work?
A petition for certiorari in which a litigant seeking review asks the Court "to become informed" of the lower-court proceeding.
Why do petitions for certiorari have little to no value as court rulings?
For the vast majority of cases, the Court denies the petition for certiorari, leaving the decision of the lower court undisturbed.
The Supreme Court hears trials based on:
1. Making a statement.
2. Changing principle.
3. Setting a precedent.
What represents a substantial portion of the Court's docket?
Why do business disputes receive less attention in the court compared to other issues?
Business disputes are less emotional and the issues more technical.
What business cases involve?
1. Billions of dollars.
2. Enormous consequences for the economy.
3. Affect people's lives more often than the social issues that tend to dominate public debate and discussion.
How long have the courts been friendly towards business?
What do lawyers submit for cases?
The brief appears at the case even before the lawyer.
What happens after a brief is submitted?
The Supreme Court then asks questions about the case and asks the lawyer questions. The court then talks amongst themselves about the case and decide.
Why are descending opinions important?
Because the descending opinions of now many be the standard opinions of the future.
What happens when there is a vacancy in the Supreme Court?
Campaigns for Supreme Court seats are commonplace, although the public rarely sees them. Hopefuls contact friends in the administration and urge influential associates to do the same on their behalf. Hopefuls contact friends in the administration and urge influential associates to do the same on their behalf.
How many men and women have been nominated to the court?
156 men and 5 women.
How many names have been withdrawn and how many have failed to receive Senate confirmation?
11 withdrawn, 25 failed.
How many nominees declined?
How many nomination issues have occurred since 1900? What was the most recent one?
6; The last one was George W. Bush's nomination of Harriet Miers in 2005 to fill the vacancy created by the retirement of Sandra Day O'Connor. Miers, who was White House counsel, withdrew her candidacy after coming under withering criticism, largely from conservatives, for her lack of clarity on issues likely to come before the Court.
What is the most important factor in the rejection of a nominee?
How many candidates lost their bids for appointment because the presidents who nominated them were sitting ducks?
Who does the Supreme Court rely on to make a decision?
What must justices do in preparing their opinions?
They must work to hold their majorities together, to gain greater, if not unanimous, support for their arguments. This forces them to compromise in their opinions, to moderate their arguments, which introduces ambiguity into many of the policies they articulate.
What affect the implementation of policy?
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