AP Gov: Ch. 16 Flashcards

Questions and Answers

What is the political significance of senatorial courtesy?

Senatorial courtesy is an agreement among senators to not vote for a nominee opposed by senators from the nominee's home state.

Why have Supreme Court nominations and confirmations become so political?

Supreme Court nominations are a president's lasting legacy and are determined by party identification, ideology, etc.

On what basis does a President pick his nominees? How might this vary according to the make-up of Congress?

A president picks nominees based on party identification, party ideology, judicial philosophy, qualifications, age, and gender.

What is important about the way the Supreme Court chooses its cases?

The Supreme Court chooses its cases based on whether they were appealed in circuit (or local) courts. Signup and view all the answers

Why do critics of judicial activism claim that it is undemocratic?

Critics argue that judicial activism can lead to decisions that do not reflect the will of the people, as the court's decisions are based solely on the judges' rulings. Signup and view all the answers

How have the Warren, Burger, Rehnquist, and Roberts courts reflected the competing philosophies of judicial activism and judicial restraint?

The Warren Court was liberal and activist; the Burger Court was split; the Rehnquist Court was conservative and restraintist; and the Roberts Court is mixed with a conservative lean. Signup and view all the answers

What is original jurisdiction?

The authority to hear cases for the first time. Signup and view all the answers

What is appellate jurisdiction?

The authority of a court to review decisions made by lower courts. Signup and view all the answers

What is a dual court system?

A court system made up of both federal and state courts. Signup and view all the answers

What is senatorial courtesy?

A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by objecting. Signup and view all the answers

What is a majority opinion?

A court opinion reflecting the views of the majority of the judges. Signup and view all the answers

What is a concurring opinion?

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. Signup and view all the answers

What is a dissenting opinion?

An opinion disagreeing with a majority in a Supreme Court ruling. Signup and view all the answers

What are precedents?

Prior cases whose principles are used by judges as the basis for decisions in present cases. Signup and view all the answers

What does stare decisis mean?

Let the decision stand. Signup and view all the answers

What is original intent?

The theory that justices should surmise the intentions of the Founders when the language of the Constitution is unclear. Signup and view all the answers

What is judicial activism?

A philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. Signup and view all the answers

What is judicial restraint?

A theory of judicial interpretation that encourages judges to limit the exercise of their own power. Signup and view all the answers

What are class action suits?

Cases which permit a small number of people to sue on behalf of all other people similarly affected. Signup and view all the answers

What is judicial construction?

The process of interpreting and applying the correct meaning of legal documents. Signup and view all the answers

Study Notes

Political Significance of Senatorial Courtesy

Senatorial courtesy allows senators to block judicial nominations if opposed by senators from the nominee's home state.
This practice is significant as it enhances the role of state senators in the nomination process, requiring alignment of party between the president and the senator.

Supreme Court Nominations and Political Context

Nominations are highly politicized as they represent a president's lasting influence on the judiciary.
Factors influencing nominations include party identification and ideological alignment, with strategic retirements planned around party control.

Criteria for Presidential Nominees

Presidents select nominees based on party alignment, judicial philosophy, qualifications, and demographic factors like age and gender.
The makeup of Congress can impact the nomination process, particularly regarding support for nominees' political ideologies.

Case Selection by the Supreme Court

The Supreme Court chooses cases primarily based on appeals from lower courts, determining which cases warrant hearing and trial.

Critiques of Judicial Activism

Critics assert that judicial activism undermines democracy by prioritizing the decisions of judges over the will of the people.
Historical perspectives, like those of the Warren Court, illustrate tensions between advancing equality and adhering to constitutional interpretations.

Evolution of Judicial Philosophies in Supreme Courts

The Warren Court was characterized by liberal activism and loose constructionism.
The Burger Court was more divided but still leaned towards loose constructionism.
The Rehnquist Court emphasized judicial restraint and strict constructionism, often favoring conservative views on social issues.
The Roberts Court exhibits a blend of restraint and liberal tendencies among conservative judges.

Jurisdiction Types

Original jurisdiction refers to a court's authority to hear a case for the first time.
Appellate jurisdiction allows a court to review decisions made by lower courts.

Dual Court System

The United States operates a dual court system, consisting of both federal and state courts, which handle different types of cases.

Key Judicial Opinions

Majority opinion reflects the views of the greater part of the court.
Concurring opinion agrees with the majority but presents different reasoning.
Dissenting opinion expresses disagreement with the majority ruling.

Legal Principles

Precedents are past legal cases that serve as guiding principles for current cases.
Stare decisis is the doctrine emphasizing adherence to established precedents to maintain legal consistency.

Judicial Interpretation Theories

Original intent theory posits that justices should interpret the Constitution based on the Founders' intentions.
Judicial activism advocates for interpreting the Constitution concerning contemporary conditions and societal values.
Judicial restraint encourages judges to limit their power and defer to existing laws.

Class Action Suits

Class action suits allow a small number of individuals to sue on behalf of a larger group facing similar circumstances, enhancing access to justice.

Judicial Construction

Judicial construction involves interpreting legal documents to ascertain their intended meanings and applications.

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Description

Test your knowledge on key concepts from Chapter 16 of AP Government with these flashcards. This chapter covers important topics such as senatorial courtesy and the political aspects of Supreme Court nominations and confirmations. Prepare for your exam by familiarizing yourself with these significant terms and definitions.