Judicial Powers: Review, Jurisdiction & Federalist 78

• Judicial Review is the power of the judiciary to review and invalidate laws or executive actions that are inconsistent with the Constitution.
• Judicial Review was first established by Marbury v. Madison (1803).

Original Jurisdiction

• Original Jurisdiction refers to a court's authority to hear a case for the first time.

Federalist 78

• Federalist 78 argues for the necessity of an independent judiciary.
• It asserts that the judiciary is the least dangerous branch because it has no power over the sword (executive) or the purse (legislative).

Appellate Jurisdiction

• Appellate Jurisdiction is the authority of a court to review decisions of lower courts.

Precedent

• Precedent is a legal principle or rule established in a prior court decision that serves as authority for deciding similar cases.

Majority Opinion

• Majority Opinion is a judicial opinion agreed to by more than half of the members of a court, which sets forth the decision of the court and an explanation of the rationale behind the court's decision.

Stare Decisis

• Stare Decisis is a legal doctrine that obligates courts to follow precedents established in prior decisions.

Dissenting Opinion

• Dissenting Opinion is an opinion written by a judge disagreeing with the majority opinion.

Judicial Activism

• Judicial Activism is a philosophy of judicial decision-making that argues judges should use their power broadly to further justice, even if it means departing from precedent.

Concurring Opinion

• Concurring Opinion is an opinion written by a judge who agrees with the majority decision but has different reasons for doing so.

Judicial Restraint

• Judicial Restraint is a philosophy of judicial decision-making that argues judges should defer to the elected branches of government and should not strike down laws unless they are clearly unconstitutional.

Political Ideology Impact

• Political ideology can impact the court, influencing how judges interpret the law and Constitution.

Checks and Balances: Appointing Justices

• The President nominates justices to the Supreme Court.
• The Senate confirms or rejects the President's nominations.

Checks and Balances: Legislative Branch

• The Legislative branch can propose constitutional amendments to overturn court rulings.
• The Legislative branch can rewrite laws to circumvent court decisions.

Checks and Balances: Executive Branch

• The Executive branch can influence the implementation of court decisions.
• The Executive branch appoints federal judges, shaping the direction of the judiciary.

Jurisdiction of Federal Courts

• District Courts have original jurisdiction over most federal cases.
• Circuit Courts (Appeals Courts) have appellate jurisdiction over district courts.
• The Supreme Court has both original and appellate jurisdiction, with appellate jurisdiction over circuit courts and state supreme courts when federal law is involved.

Article I Courts

• Article I Courts are legislative courts created by Congress for specialized purposes, not part of the judicial branch created by Article III.

Amicus Curiae Brief

• Amicus Curiae brief is a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Marbury v. Madison

• Marbury v. Madison (1803) established the principle of judicial review, affirming the Supreme Court's power to declare laws unconstitutional.

Arguments For and Against Life Tenure

• Arguments for: Protects judges from political pressure.
• Arguments for: Ensures consistency and stability in the application of the law.
• Arguments against: Judges may become out of touch with societal changes.
• Arguments against: Makes it difficult to remove unqualified judges.

Article III

• Article III of the Constitution establishes the judicial branch of the U.S. government.
• It defines the powers of the federal courts and the Supreme Court.

Solicitor General

• The Solicitor General represents the U.S. government in cases before the Supreme Court.

Senatorial Courtesy

• Senatorial Courtesy is a custom where the President consults with the senators of a state before appointing a federal judge for that state.

Path of Cases to Supreme Court

• Cases typically reach the Supreme Court after being appealed from lower federal courts or state supreme courts.

Process of Appointing Federal Judges

• The President nominates, and the Senate confirms federal judges and justices.

Constitutional Requirements for Judges

• There are no specific constitutional requirements to become a federal judge or justice.

John Marshall's Three Questions

• Does Marbury have a right to his commission?
• Do the laws of the country afford Marbury a remedy?
• Can the Supreme Court issue a writ of mandamus in this case?

Rule of Four

• The Rule of Four is a Supreme Court practice that permits four of the nine justices to grant a writ of certiorari.
• This is done to prevent a majority of the Court from controlling the Court's docket.

Justices and Presidential Legacy

• Supreme Court justices can shape a president's legacy through their decisions.

Supreme Court Eras

• The Marshall Court (1801-1835) established judicial review and strengthened federal power.
• The Warren Court (1953-1969) expanded civil rights and liberties.