AP US Government AMSCO Guided Notes

2.6: The Judiciary

AP US Government
AMSCO Guided Notes

AP US Government Guided Notes

AMSCO 2.6 - The Judiciary

Essential Questions

  1. How does the principle of judicial review check the power of the other branches and state government?
  2. How has the Supreme Court's use of judicial review in conjunction with life tenure led to debates about the legitimacy of the court?
  3. How have changes in the Supreme Court over time led to debates about the legitimacy of the court?
  4. How has the Supreme Court's use of judicial review in conjunction with life tenure led to debates about the legitimacy of the court?
  5. What issues lead to debates about the legitimacy of the Court, and how can other branches limit Supreme Court power?
I. Constitutional Authority of the Federal Courts

1. Why did the framers decide to create a national judiciary rather than rely solely on state courts?

A. Article III

1. What does the constitutional provision that judges hold office "during good behavior" accomplish for judicial independence?

2. How does the Supreme Court's original jurisdiction differ from its appellate jurisdiction?

3. Why did the framers define treason narrowly in Article III and require two witnesses to convict?

B. Foundational Documents: Federalist No. 78

1. What did Hamilton argue about the judiciary's power compared to the other branches, and why did he believe judges needed life tenure?

2. How does Hamilton's argument in Federalist No. 78 address Anti-Federalist concerns about an unchecked Supreme Court?

C. A Three-Level System

1. What did the Judiciary Act of 1789 establish about the structure and size of the federal court system?

D. U.S. District Courts

1. What types of cases do U.S. district courts handle, and what is their role in the federal system?

2. How do federal crimes differ from most violent crimes in terms of where they are tried?

3. What is the standard of proof required in civil cases, and how does sovereign immunity limit citizens' ability to sue the government?

E. U.S. Circuit Courts of Appeals

1. How do appeals courts differ from trial courts in their function and procedures?

2. What is the significance of the DC Circuit Court of Appeals in the federal judiciary?

F. The United States Supreme Court

1. What cases does the Supreme Court typically hear, and what percentage of cases it accepts does it overturn?

2. What is judicial review, and when did the Supreme Court first exercise this power?

G. Must-Know Supreme Court Case: Marbury v. Madison (1803)

1. What was the constitutional question in Marbury v. Madison, and how did the Court rule?

2. How did Chief Justice Marshall establish the power of judicial review in his reasoning?

3. Why is Marbury v. Madison considered a landmark case despite the Court ruling against Marbury?

II. Legitimacy of the Judicial Branch

A. Common Law and Precedent

1. What is precedent, and how does the concept of stare decisis maintain consistency in the law?

2. How do binding precedent and persuasive precedent differ in their effect on judicial decisions?

B. Supreme Court Precedents Establish Policy

1. How did Chief Justice John Marshall strengthen the Supreme Court's role and influence during his tenure?

2. What did McCulloch v. Maryland and Gibbons v. Ogden establish about federal power?

C. Continuity and Change Over Time

1. Why do some people, including Anti-Federalist Brutus, question the legitimacy of the Supreme Court?

2. How can changes in Court membership lead to shifts in ideology and the overturning of precedents?

D. Overturning Precedent

1. When is it appropriate for the Supreme Court to overturn its own precedent, according to Justice Brandeis?

2. How did the Court's reasoning change between Plessy v. Ferguson and Brown v. Board of Education?

3. What factors contributed to the Court overturning Grovey v. Townsend in Smith v. Allwright?

E. The Supreme Court Today

1. What role do swing votes play in Supreme Court decisions, and how has the Court's ideological balance changed?

2. What is Chief Justice John Roberts' approach to judicial decision-making, and how does it differ from previous chief justices?

III. The Court in Action

A. An Evolving Court

1. How did Chief Justice Roger Taney's Court differ from John Marshall's Court in its approach to major issues?

B. Corporations and the State

1. What was the Court's conservative approach to business regulation during the Industrial Era, and what case exemplified this?

2. How did the Court's ideology shift after the 1936 election and the threat of court-packing?

C. A Court Dedicated to Individual Liberties

1. What major civil rights and civil liberties decisions did the Warren Court make, and why were they controversial?

2. How did the Burger Court's decisions compare to the Warren Court's approach to individual rights?

3. What changes did the Rehnquist Court make to the Court's ideology and efficiency?

D. Legislating after Unfavorable Decisions

1. How can Congress respond to unfavorable Supreme Court decisions through constitutional amendments?

2. What is the relationship between implementation and the enforcement of Supreme Court decisions?

E. How Cases Reach the Supreme Court

1. What is the rule of four, and what factors do justices consider when deciding whether to accept a case?

F. Opinions and Caseload

1. What are the different types of opinions the Supreme Court issues, and what is the significance of each?

IV. Checks on the Judicial Branch

A. Judicial Activism vs. Judicial Restraint

1. What is judicial activism, and how does it differ from judicial restraint?

2. What are the main criticisms of judicial activism and judicial policymaking?

B. Presidential Appointments and Senate Confirmation

1. Why do presidents carefully select judicial nominees, and what impact do these appointments have?

2. What is senatorial courtesy, and how does it influence the appointment of lower court judges?

3. What is a litmus test in the context of judicial nominations?

C. Interest Groups

1. What role do interest groups play in the judicial confirmation process?

D. Getting "Borked"

1. Why was Robert Bork's nomination rejected, and what does the term "to bork" mean?

2. What controversies surrounded Clarence Thomas's nomination and confirmation?

E. "The Nuclear Option"

1. What was the "nuclear option," and how was it avoided during George W. Bush's presidency?

F. Denying Garland

1. Why did Senate Republicans refuse to hold a vote on Merrick Garland's nomination, and what were the consequences?

G. Executive and Legislative Influence on the Courts' Power

1. What role does the Department of Justice and the solicitor general play in the federal courts?

2. How can Congress use impeachment as a check on the judicial branch?

3. What powers does Congress have to influence the judiciary through budgeting and creating new judgeships?

H. Defining Jurisdiction

1. How does Congress use its power to define the courts' jurisdiction, and what is court-stripping?

Key Terms

appellate jurisdiction

Attorney General

certiorari

Federalist No. 78

judicial review

Marbury v. Madison (1803)

original jurisdiction

U.S. District Courts

U.S. Circuit Courts of Appeals

U.S. Supreme Court

binding precedent

persuasive precedent

precedent

John Roberts

stare decisis

concurring opinion

dissenting opinion

liberal constructionist

majority opinion

petition for certiorari

rule of four

strict constructionist

Robert Bork

Merrick Garland

judicial activism

judicial restraint

"nuclear option"

senatorial courtesy

standing

Clarence Thomas