Judiciary Flashcards
(21 cards)
What elements are meant to keep the judiciary independent?
Lifetime Appointments
Reasonable Salaries
Which act is the basic law governing Federal Courts, and what did it do?
The Judiciary Act of 1789
Constituted the Supreme Court with six justices
Created a two-tiered system of lower federal courts.
What was the intervention philosophy of the early Supreme Court?
Tended to side with the Federal government - between 1790-1860, only two pieces of Federal law were declared unconstitutional
National Supremacy Doctrine led by Chief Justice John Marshall
What was the second era of the Supreme Court?
The court moves away from national supremacy under Chief Justice Roger B Taney
During the 19th century and early 20th (with the exception of the 1920s-30s) the Court struck down a relatively low number of acts of Congress and executive orders
When did the Supreme Court take on a more activist role, and who were the key figures?
Earl Warren (appointed Chief Justice in 1953)
Liberal Expansion
The Warren Court made a long series of dramatic rulings expanding individual rights
William Rehnquist (appointed Chief Justice in 1986)
Trimming but Not Overturning Liberal Reforms
The Rehnquist court limited the scope of the federal government while strengthening the role of the judiciary against both Congress and the executive.
John Roberts (appointed Chief Justice in 2005)
Conservative Ascendancy
2021-22 term is most conservative court in nearly a century
What is judicial review?
The power of the courts to declare null and void laws of Congress and of state legislatures that they find unconstitutional
Which case was critical for establishing judicial review?
Marbury v Madison (1803)
Regarded as the single most important decision in American constitutional law
The Supreme Court determines that Section 13 of the 1789 Judiciary Act (the ability to issue a writ of mandamus) is unconstitutional because it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution.
Chief Justice Marshall rules that “it is, emphatically, the province and duty of the judicial department, to say what the law is”
What was the only other Congressional Act struck down by judicial review prior to the 1860s?
The Missouri Compromise, in Dred Scott v Sandford (1857)
The Court ruled that the Federal government had no power to prohibit slavery north of the Mason-Dixon line
AND that African-Americans were not citizens under the Constitution
What are the three dominant theories of Constitutional interpretation?
Theory of Original Intent
Determines the constitutionality of a law by ascertaining the intentions of those who wrote the Constitution
Living Constitution Theory
Places the meaning of the Constitution in light of the total history of the United States
Plain-meaning-of-the-text theory
Interprets the law in light of what the words of the Constitution obviously seem to say.
What is statutory interpretation?
The judicial act of interpreting and applying ordinary laws, rather than the Constitution, to specific cases
If Congress disagrees with the Court’s interpretation, they can issue a new law
What is the basic structure of the US judiciary?
U.S. district courts at the base
U.S. courts of appeals in the middle
U.S. Supreme Court at the top.
Which case highlights the difficulties of statutory interpretation?
King v Burwell (2015)
The ACA said that subsidies were available to people who purchased insurance “through an Exchange established by the State.” - but not every state established exchanges, so the Federal government stepped in
Roberts: “It is implausible that Congress meant the Act to operate in this manner.’
In this instance, the context and structure of the Act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.”
The ruling emphasised contextual and purposive interpretation over strict textual literalism.
What are the US district courts?
The ninety-four general trial courts of the federal judicial system
District courts have the authority to hear most cases and are where most Federal trials are held
What are the US courts of appeals?
Thirteen courts that form the intermediate level of the federal judicial system and hear appeals of cases tried in the federal district courts.
Usually deal with questions of procedure and of the application of rules of law rather than of facts or interpretation of facts
What are the two areas of jurisdiction that the Supreme Court has?
Original Jurisdiction
Mandatory jurisdiction of the Supreme Court as laid out in Article III of the Constitution.
Appellate Jurisdiction
Substantive area in which a higher court may hear cases appealed from a lower court.
What are the areas that the Constitution grants the Supreme Court original jurisdiction over?
“All cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party”
What are the three potential judgements that can be made by the Supreme Court?
Affirm
Action by a higher court supporting the decision of a lower court.
Reverse
Action by a higher court to overturn the decision of a lower court.
Remand
To send a case back to a lower court for further consideration.
What is the basic process for appointing justices to the Supreme Court?
Nominated by the President (obeying Senatorial courtesy)
Evaluated by the Senate Judiciary Committee
Confirmed by a vote of the full Senate
What have been the three stages of approaches to Supreme Court appointments?
19th Century - one in three not confirmed
1st half of the 20th century - Presidential nominations confirmed by the Senate as a matter of course
Post 1968 - Likelihood of Senate rejection increases with nominations falling apart due to
- Concerns of Ideological Extremity
- Accusations of Unethical Conduct
What does ‘Borking’ refer to?
Politicising the nomination process through an organised public campaign that portrays the nominee as a dangerous extremist
What are the checks on the judiciary by the legislature and executive?
Confirmation of appointments in the Senate
Number of Justices
Control over Appellate Jurisdiction
Potential Nonimplementation
