Alexander Hamilton, the writer of the Federalist Papers, urged support or the U.S. Constitution. He believed the judiciary would prove to be " the _____ dangerous" branch of government.
Least
Who nominates judges to the federal courts and justices to the Supreme Court.
The elected president
The Supreme Court is referred to by the name of the ________ who presided over it during a particular period.
Cheif Justice
What article created the judicial branch of government?
III
Article III, Sec 1, begins simply by vesting, " The judicial power of the United States . . . in one ____Court, and in such inferior Courts as the ____ may from time to time ordain and establish."
Supreme
Congress
Article III, Sec 2, specifies the judicial power of the ______.
Supreme Court
Article III, Sec 2, specifies the judicial power of the Supreme Court. Additionally, it discusses the types of cases the Court can hear.
What is termed as authority vested in a court to hear a case?
Jurisdiction
Article III, Sec 2, specifies the judicial power of the Supreme Court. Additionally, it discusses the types of cases the Court can hear.
What are the two types of jurisdictions?
Original
Appellate
What is the jurisdiction of a court to hear a case first, usually in a trial, and what do they determine?
Original
They determine facts
The Supreme Court has original jurisdiction in all cases involving ?
The state government or public officials.
What is the jurisdiction that vest power in particular courts to review and/or revise the decision of a lower court?
Appellate
Article III, sec 2, specifies that all federal crimes, except those involving ____, shall be tried by a jury in the states in which the crime was committed.
impeachment
Article III, Sec. 3, defines ____ and mandates that at least ___ witnesses appear in such cases.
Treason
2
Congress can check the Court by:
Congress has the authority to alter the Court's ability to hear certain cases.
Congress can also propose constitutional amendments that, if ratified, can effectively reverse judicial decisions.
They can impeach or remove federal judges.
What court presides over impeachment?
Supreme Court
The Judiciary Act of 1789 established a ____-tier structure of the federal court system.
3
The Judiciary Act of 1789 established a 3-tier structure of the federal court system.
Name the each tier and describe it. Bottom to High
Federal District Court: people participate in lawsuit(litigants)
Circuit Court: If they are unhappy, they pursue a review of the decision.
Supreme Court: last, ultimate decision.
Federal District Court: there exists at least ___ in each state
Circuit Court:It is comprised of 1 _____ and ____ Supreme Court Justices who met as a circuit court ____ a year.
1
District Judge
2
Twice
The ___ mention a size for the Supreme Court.
Does not
Supreme Court: In its first session, presided over by _____, who was appointed chief justice of the United States by President George Washington-initially had to be adjourned when fewer than half of the justices attended.
John Jay
In the Supreme Court's first Court only decided on ___ case.
1
The first Court made several decisive decisions,
1st: By _____ to give George Washington advice on the legality of some of his actions.
2nd: Court tried to advance principles of _____ and to maintain the national government's supremacy over the states.
Declining
Nationalism
During the ratification debates, Antifederalists warned Article III extended too much power to the Judicial branch over controversies, " between a ____ and _____ of another State"
State and Citizen
Due to the Supreme Court's decision on Chisholm v. Georgia, the states ratified amendment ____, which specifically . . .
11
Limited judicial power by stipulating that the authority of the federal courts could not "extend to any suit . . . commenced or prosecuted against a citizen of the U.S. by citizen of another State. "
President John Jay appointed ____ chief Justice.
Marshall
Marshall discontinued the practice of ______ (Latin for "in a series")opinions, which was a custom of the King's Bench in Great Britain.
Seriatim
Prior to the Marshall Court, the justices delivered their individual opinions in order of _____, yet Marshall believed the justices needed to speak as a ____.
Seniority
Court
The Marshall Court established the authority of the Court over the ____ of the various states.
Judiciaries
The Court established the supremacy of the federal government and Congress over state governments through broad interpretation of the _______ clause in ________.
Necessary and Proper
McCulloch v. Maryland
The Marshal Court claimed the right of _____, the power to review acts of other branches of government and of the states.
Judicial Review
Define Judicial Review.
The power to review acts of other branches of government and of the states.
What was the significance of the case Marbury v. Madison for the Court?
Asserted that the Constitution's supremacy clause implies the right of judicial review.
Marbury v. Madison:
Near the John Adam's administration, Adam's appointed William Marbury as Justice of the Peace (D.C.), yet his secretary _____ to give the commission.
Once Thomas Jefferson's administration was in place, James Madison; under the president's orders, ____ Marbury's commission.
Marbury filed a _____ asking the Supreme Court to . . .
Failed
Denied
Writ of mandamus
The Marshall Court concluded with the Marbury v. Madison case that although Marbury and the others were entitled to their commissions, the Court . . .
Lacked the power to issue the writ sought by Marbury.
The federal court system is a ___ system consisting of ____ court system and _____ of the states.
Dual
Federal
Judicial
Both the federal and the judicial systems of the states follow a ___-tier system.
3
Both the federal and the judicial systems of the states follow a 3-tier system.
Lifetime terms, as long as they engage in "good behavior"
Fixed, 15 year renewable terms
Federal courts are also called _____ because . . .
Constitutional(Article III) Courts
They were established by the Constitution or authorized by Congress.
Legislative Courts are set up by _____, generally only for ____ purposes., under its implied powers.
Also known as Article __ Courts.
Congress
Special
1
The are ____ federal district courts
94
Federal District Courts ____ cut state lines.
Do not
District Courts: Each state has at least ____ federal district Court.
1
In the federal court system, the bulk of the judicial work goes to?
The Federal District Court
Federal District Courts by a single judge, generaly fall into one of the three catagories.
Involve fed. government as a party
Present a fed. question-based on a claim under the Constitution, treaty, or federal statute.
Civil Suit, citizens are from different states, and the amount is >75,000.
Each federal judicial district has a U.S. _____, nominated by president; approved by Congress. They are considered the district's ____ law enforcement officer.
Attorney
Cheif
The number of assistant U.S. attorneys in each district depends on the amount of _____.
Litigation
Currently, there is ____ court of appeals.
The 12th deals only with . . .
13th deals only with . . .
11
Court of Appeals for D.C: Appeals involving federal regulatory commissions and agencies.
Court of Appeals for the Federal Circuit: Deals with patents and contacts and financial claims against the federal government.
In the Court of appeals, the chief judge is the most ____, below the age of ___, can serve no more than ___ years.
senior
65
7
The Court of Appeals has no ____ jurisdiction. Rather Congress grants them appellate jurisdiction over ____, _____, and appeals from _____.
Original
Criminal
Civil
Administrative agencies
Once the federal Court of Appeals makes a decision, a litigant no longer has an automatic right to an ___.
Appeal
Courts of Appeals ___ hear additional testimonies.
Do not
Courts of Appeals do not hear additional testimonies. Lawyers submit _____, called briefs, then appear and argue orally in court.
Written arguments.
Decisions of any court of appeals are binding on only the courts within its . . .
Geographical confines
Each Justice has ___ clerks.
4
Decisions of the Court are binding throughout the ____ and establish _____, rules for settling subsequent cases of similar nature.
Nation
Precedents
Decisions of the Court are binding throughout the nation and establish precedent, rules for settling subsequent cases of similar nature.
This reliance on past decision is known as . . .
Stare decisis
Federal Judges typically have held other ____ office, are involved in _____, and have prior ___ experience.
Political
Politics
Judicial
Cheif Justice Roberts and Justice Alito; both Republican, worked in the Department of Justice during the ____ and Bush administrations.
Regan
Six important criteria for appointment of a federal judge.
Experience
Ideology/Political Preferences
Rewards
Pursuit of political supportReligion
Race and gender
Presidential Judge nominations are referred to the Senate _____ Committee, then send to the full Senate for a ____ vote.
Judiciary
Majority
In 1987, the nomination of Judge Roberts H. Bork to the Supreme Court led liberal groups to launch an extensive radio, TV, and print media campaign against Bork.
The Senate ____ his nomination.
Rejected
All appellate cases arrive as a petition to the Supreme Court for a _________, which is a request for the Court to order up records and review the case.
Writ of certiorari
The Court controls its workload by the certiorari process.
Must met the following two:
Come from a court of appeals, court of military appeals, district court, or state court of last resort.
Involve a federal question on law, statue, or treaty. Reasons for acceptance and legal aguements should be included.
Define the Rule of 4
At least 4 justices must vote to consider a case before it can be heard.
Solicitor General, _____ ranking member of the Dept. of Justice and responsible for handling nearly all appeals on behalf of _____ to the Court.
4th
U.S. government
The Solicitor General acts a friend; _____, to the Court, >50%of cases heard.
amicus curiae
The Solicitor General plays two conflicting roles: representing in Court the _____ policial interests and the broader interests of the ____.
President's
U.S.
Under the system of stare decisis, both _____ likely to be relied on as precedent later by lower courts confronted with cases involving similar issues.
are
Advocates of _____ argue that courts should allow the decisions of other branches to stand, even when it offends a Justice.
Judicial Restraint
Judicial Restraintists defend thier position by asserting that unelected judges make up the ____ .
Fed. Court
Define Judicial Activism.
A philosophy of Judicial decision making that posits judges should use their power broadly to further justice.
Judicial activist argues that it is appropriate for courts to correct _____committed by the other branches of government.
Injustices
Who can override a Supreme Court decision?
The Court itself
Brown v. Board of Education overruled . . .
Plessy v. Ferguson
Which of the following paved the way for the courts to become a co-equal branch?
D) Judicial Review
Any rejections of presidential nominees to the Court generally occur only after the _____ has recommended against a nominee's appointment. Samual Alito was confirmed by a margin <10.
Senate Judiciary Committee
The ____ capitulated to political pressure and public opinion when, after 1936, it reversed many of its earlier decisions that had blocked President Franklin D. Roosevelt's _____ programs.
Court
New Deal
Progressivism called for reforms in response to the _____ revolutions, starting at the grassroots level, working up to the states, and eventually getting federal attention.
Industrial
President Franklin Roosevelt created the modern welfare state and the first _____ programs: Social Security and Aid to Families with Dependent Children.
Entitlement
Health policy in the U.S started with the _____.
National Marine Service: responsible for public health issues.
National health insurance first received serious consideration in 1930, when Congress was legislating a number of ______ social programs.
Opposed due to American Medical Association, due to worry about . . .
New Deal
Limited physician fees, restricted an amount of time approved for specific visits, and constrain charges for prescription medicine.