Chapter 14

Review

What is judicial review?

What is judicial review?

The check on the legislative and executive branches by the Supreme Court to rule acts unconstitutional.

Where does judicial review come from?

Where does judicial review come from?

The landmark case of Marbury v. Madison.

How do the justices of the Supreme Court decide to hear a case?

How do the justices of the Supreme Court decide to hear a case?

Briefs are submitted and four judges must agree to hear the case before it can be put on the docket.

After a judge is nominated by the president, what happens next?

After a judge is nominated by the president, what happens next?

The Senate votes and 51 members must vote yes to confirm a nomination.

What is a dissenting opinion, and why bother if you lost?

What is a dissenting opinion, and why bother if you lost?

Justices on the losing side of a case write it and gives them the opportunity to publicly disagree with the reasoning of the majority. These also have an effect on later cases.

What’s a plurality opinion?

What’s a plurality opinion?

Just like a majority opinion, but represents the opinions of most of the judges who support the winning side.

What does the Supreme Court do when asked to interpret a state constitution

What does the Supreme Court do when asked to interpret a state constitution

They don’t. State constitutions are interpreted by state supreme courts, not the US Supreme Court. But state laws are open to Supreme Court review.

What is a writ of certiorari?

What is a writ of certiorari?

When the Supreme Court issues an order for a lower court to send its record of a case for review.

Who is allowed challenge a law in a federal court?

Who is allowed challenge a law in a federal court?

Only people who have a serious interest in a case, must have what is called standing.

What does the solicitor general do?

What does the solicitor general do?

He or she is the government’s lawyer in Supreme Court cases.

How do we choose state judges (in comparison to federal judges)?

How do we choose state judges (in comparison to federal judges)?

In most states, state judges are elected (keeps the accountable, or so the theory goes), and federal judges are nominated / confirmed.

What does the Latin word certiorari mean?

What does the Latin word certiorari mean?

“Make more certain”, which is why it’s used to describe when the Supreme Court issues a writ of certiorari

What is precedent?

What is precedent?

When the court issues a ruling, other courts have to follow it.

What is judicial activism?

What is judicial activism?

When courts play an active role in policy making through court decisions.

Why is there often times a bitter fight over court nominees now-a-days?

Why is there often times a bitter fight over court nominees now-a-days?

Because of the increasing role the courts are playing in policy making and how we do things in America.

A strict constructionist judge looks at the constitution how???

A strict constructionist judge looks at the constitution how???

Strictly as the rules are written

What did Hamilton think about the federal judiciary?

What did Hamilton think about the federal judiciary?

His emphasis was on the executive branch, so he felt the federal bench would be the least dangerous branch. (This was before Engle and Roe)

What did we learn from McCulloch v. Maryland?

What did we learn from McCulloch v. Maryland?

The power to tax is the power to destroy. Also, that federal laws trump state laws. (Remember S.C.’s John C. Calhoun and the doctrine of nullification?)

After the Civil War, what was the focus of the Supreme Court on? (Think about American history for a second or two.)

After the Civil War, what was the focus of the Supreme Court on? (Think about American history for a second or two.)

The economy and the governments regulation of it, like the South transitioning from a free labor economy to one that pays.

Why did some schools keep praying after Engle and keep segregated after Brown?

Why did some schools keep praying after Engle and keep segregated after Brown?

The enforcement arm of the Supreme Court is weak, since it doesn’t exist. They have to rely on other branches to enforce their decisions.

What’s a litmus test for judges?

What’s a litmus test for judges?

When the Senate uses a test of sorts to determine who they confirm as a federal judge. Since the President picks a nominee who reflects his point of view, the party who’s not in power usually complains about the litmus test.

In spite of the litmus test, what does the Constitution say about qualifications for federal judges?

In spite of the litmus test, what does the Constitution say about qualifications for federal judges?

Judges serve during good behavior, they don’t have to lawyers or even judges, they just have to behave.

How many cases that are appealed to the Supreme Court actually get to the Supreme Court?

How many cases that are appealed to the Supreme Court actually get to the Supreme Court?

Not many, not many at all.

Who decides what cases the government will appeal from a lower court?

Who decides what cases the government will appeal from a lower court?

The solicitor general, the same guy who is the government’s lawyer for Supreme Court.

What does amicus curiae mean?

What does amicus curiae mean?

“friend of the court”, which are briefs submitted by anyone who might have an interest in a case that is before the Supreme Court.

What is a per curiam opinion?

What is a per curiam opinion?

It’s brief and unsigned, usually an opinion in the majority.

How do interest groups play a role in selecting federal judges?

How do interest groups play a role in selecting federal judges?

Lobby the Senate judiciary committee about nominees, filing amicus curiae briefs, get their lawyers involved in cases, file class action law suits.

When a court acts in a manner about an important constitutional issue that annoys many people in the public, then the court is behaving how?

When a court acts in a manner about an important constitutional issue that annoys many people in the public, then the court is behaving how?

Activism

Constitutionally, what power is specified regarding Congress and the Supreme Court?

Constitutionally, what power is specified regarding Congress and the Supreme Court?

They can determine the size of the Supreme Court. There is nothing in the Constitution about Congress being able to re-write a law to comply with the court’s objections.

What does stare decisis mean?

What does stare decisis mean?

“let the decision stand” which means they stand by the lower court’s decision.

What is a concurring opinion?

What is a concurring opinion?

Written when a justice agrees with the conclusion of the Court’s decision, but disagrees with the logic of the opinion of the Court of the Court.

Why do people have a problem with judicial activism?

Why do people have a problem with judicial activism?

Judges have no experience with complex institutions (like schools), they’re not elected and immune from what people want, there is a cost to implementing decisions made by activist judges which they don’t think of when making their decisions.

What makes the judicial system in America different?

What makes the judicial system in America different?

It is an adversarial system and the truth is supposed to be a result of the two opposing sides.

How are federal district courts different from other federal courts? (Like the Supreme Court and the Federal Court of Appeals)

How are federal district courts different from other federal courts? (Like the Supreme Court and the Federal Court of Appeals)

They have juries (they’re the courts where you get tried when you rob a bank or beat up a mailman).

What is senatorial courtesy?

What is senatorial courtesy?

When the senators of a certain state are consulted in the appointment of federal judges (does not extend to Supreme Court nominees)

How can special interest group affect the federal courts?

How can special interest group affect the federal courts?

File class action lawsuits based on their interests, file amicus briefs stating their cause and their point of view on a pending case, lobbying the Senate Judiciary Committee regarding potential nominees to the bench.

The appellate jurisdiction of the Supreme Court

The appellate jurisdiction of the Supreme Court

They have no juries, usually 3 judges, reviews cases that have already been heard in lower courts and have been appealed to higher courts by the losing party

How can a presidential administration best influence the direction of the federal court system?

How can a presidential administration best influence the direction of the federal court system?

Appointing judges to the bench, deciding which cases the government will appeal to the Supreme Court, and enforcing the decisions made by the federal courts

What are the different concurring opinions available?

What are the different concurring opinions available?

Simple concurring opinion – judge joins the decision of the court but has something to addConcurring in judgment - judge agrees with the majority, but not with the constitutional reasoning

The End