20-21

AP Government & Politics

AMSCO TEXTBOOK CHAPTER NOTES

NAME: _______________________________

MRS. KAAS | Northern Ozaukee School District

Uni In e ac ion Among B anche of Go e nmen

Chapter 6: The Judicial Branch

Essential Question
Ho do he na ion co r compe e and coopera e i h he o her branche o e le legal con ro er ie and o hape
public policy?

CONSTITUTIONAL AUTHORITY OF THE FEDERAL COURTS

h Judgesservinginthesecourtsare by
appointed

toholdlifeterms
andconfirmed the
presidents
senate
by
p. 189 U.S. District Courts

Middletier
q the
andconfirmedby
presidents tohold1
Senate gym
p. 189 U.S. Circuit Courts of Appeals

Top tier
Judgesservinginthesecourtsare by
appointed

andconfirmed the
presidents toholdlifeterms
senate
by
p. 189 U.S. Supreme Court

Article III
shallholdtheir
offices goodbehavior
d uring
be and decisions
removed
life
serve
they termbutcan impeached

thelife meid
allows
term setover
omake but
u npopular necessary
tan
p. 190 Judge s Terms Allowsfora consistency ininterpretingthe
time
cannot
Congress
salaries
diminishj udges terms
their
during inoffice

and
tohearacaseonthefirst
timeincasesaltering publicministers
ambassadors

theauthority
inwhichastateis aparty
andthese

p. 190 Original Jurisdiction

TheSupremeCourt court
actsasanappeals

p. 190 Appellate Jurisdiction

 ArticleUIdefinitionlevying aidoncomersto
wararginine the the
e nemy Treasonis crime
only
defined
maimedor intheconstitution
p. 190 Treason Atleasttwowitnessesmust
accused
testify tothe
inopencourt actinordertocarrotthe
treasonous

wasa
priority deonaccusationbythe
totheframersas a citizenone and
governmentwas
thusincludedinArticle
p. 190 Right to Jury Trial

affirmsthat judicialbrain the of

has power judicial to acts
review examine s to
oflegilame
if
see they comportwitht heproposedconstitution

shall
remain
asjudgesareactingproperlythey branches onthebench
p. 191 Federalist No. 78 as
long
permanencyshall
protectthemfrom theother

A THREE-LEVEL SYSTEM
Three cant
tierfederal system
To up
clear the
vagueand ArticleIII
brief
p. 192 Judiciary Act of 1789

Assigned
anendcircuit
two court
Supreme was
us
state
Required hold
to twice
court yearinevery
per
p. 192 Circuits

SCjusticesheldonecourtafter inacircular
another
path
p. 192 Riding Circuit

Federal Court System

theCreatedbyArticle ofthe
Constitution

Nine
justices
sococasesfrom cases June
October
through
tears
Has jurisdictionin
original unique
andtopstate
takesappealsfrom circuits c ourts

created Congress
by
u courts
regional
CDC
wash end
Fed
and
z intotal
courts
soo
nanny justice
sitin at
Justices panel thee

Trial
cans by
created Congress

andistricts
zoo
totaljustices
Newry
and
federalcriminal
Hear it
airmatters

U.S. District Courts

overfederal
jurisdiction cases
Usdistrictcartswith
original
p. 193 A Trial Court
 thelitigantsin atrialcourt thepartyinitiatingthe
action

Thegovisthe plaintiff
suitagainstanother
brings
Inciviltrialsa plaintiff
p. 193 Plaintiff citizen

actionattheplaintiff
thepartyansweringthe

p. 193 Defendant

courts federal suchas grandon

mail
taxestry
counterfeiting
theU.s district
federal
evading income
crimes

Most
crimes overallare in
tied statecourts
p. 193 Federal Crimes

ThegovernmentarguedthatMcVeighexplodedanOklahomaCity
federalbuilding

andkilled168
victims

to
O
p. 194 United States v. Timothy McVeigh (1998) them death
sentenced
they

the
Allows government
defendant's
and the toagreetoalessersentenceinexchangeforthe
defendant

guilty
plea
court
saves and
time t axpayers
money
p. 194 Plea Bargain Guarantees
aconviction

Eachor theaudistrictshasaUS attorneyappointedby andapproved

thepresident by
Sentawhorepresentsthe gov
thepresidentandapprovedbythe
federal
in own
federal

p. 194 U.S. Attorneys

Prosecutefederal
crimes
committed
theirdistricts
within

p. 194 Attorney General

also
can
citivens civil
b ring to to
disputes courtsettle business personal
a or conflict
filesacomplaint
Plaintiff
must
party the
prove liabilityornegligencewin
defendant's apreponderance atevidencetoaward damages

Handledstate
p. 194 Civil Cases in carts

Cases
which thetwopartiesresideindifferent
states

p. 194 Diversity Citizenship

 Filedbylargegroupof claim
plaintiffs by party
damage one
common

p. 194 Class Action Suit

order
Ahacourt

p. 194 Injunction

Doctrine of sovereign immunity--the government is protected from suit unless

a permits such a claim

Congress has made so many exceptions that it even established the U.S.
Court of Claims to allow citizens to bring complaints against the United
p. 194 Suing the Government States

They were created by the legislative as opposed to the Constitution.

Presidents appoint these judges and the Senate must approve them, typically
for a 15-year xed term.

p. 195 Special Legislative Courts These courts deal with speci c issues. An experienced judge in that area of law
is desired for de ned period of time.

These courts include the courts of federal claims

U.S. Circuit Courts of Appeals

theydon't
Influentialbecause determinefacts instant shape
they law
the
Hasapanelof sites
judges

p. 195 Appellate Courts Nowitnessonjentertain

uryboy
facts
does
Court not new

Tomakemorecertain
Canbeappealed
bythelosingparty
p. 195 Certiorari

Appealsthecase
p. 195 Petitioner

Responds claimingwhyandhow thelowercourtruledcorrectly

p. 195 Respondent

Appeals dealing with patents, contracts, and nancial claims against the
United States.
p. 196 The Circuit Court for the Federal Circuit
 Handles appeals from those ned or punished by executive branch
regulatory agencies
The Circuit Court of Appeals for the District
p. 196
of Columbia

The United States Supreme Court

The nine members determine which appeals to accept, they sit en banc for
attorney's oral argument, and they vote to decide whether or not to overturn
the lower court's ruling.
p. 196 En Banc

Common Law and Precedence

Thebodyofcourtdecisions thatmakeuppartofthe
law
p. 196 Common Law

Arulingthatfirmly establishes
alegalprinciple
similar
logicin cases
Followedlater
asothercourts the legal
consider same

p. 196 Precedent

thethe stand
decision

Itgovernscommonlaw
p. 197 Stare Decisis

tointhesameway
Obliged rule
landareboundbyU.SSupremeCourt
Courtsinthe decisions

p. 197 Binding Precedent

Canconsider inother
decisionsm ade
past
dramas r inothercircuitsasa
orulings
cornerdecision
b asis
guiding

p. 197 Persuasive Precedent

Policy Matters: Supreme Court Precedents Establish Policy

to
Theability declare legislativeactor
a vid
anexecutivebranchaction

p. 197 Judicial Review

 The Supreme Court early on was very weak
and so Washington appointed Jon Jay as the
rst Chief Justice
p. 197 Defining Federalism

Establishedcustoms andstrengtheningnational
andnorms from1801183s
powers

Ardent Federalist

of Court
Rather Supreme
Considered
p. 197 John Marshall Cont
Marshall established
its solidified
customand
the
nation the
under f ramer's
plan

Siding with Congress when controversies regarding federalism arose,

strengthening the national government and expanding Congress' powers

p. 198 Shaping a Strong Nation

and
DecisionYes No Unanimous sO and
cananappointed suefor
judge the
have
hisappointment doestheSupremeCourt to
a uthority
and
hem this
implement request
p. 199 Marbury v. Madison (1803) Determined
thatanappointed withasignedcommission
judge sueit
could denied
job
the

AN EVOLVING COURT
Early Courts to the New Deal
weld
Ruling thatScott
wasn't andthushad
citizen
evena tobeapartyin
nolegalright
court
federal
the statesthat
Court aslave
owner'sconstitutional to
right dueprocessand
property
p. 201 Dred Scott v. Sanford (1857) prevented
ofthat
him
depriving property or
regardless wherehetraveled

The Court examined concerns over business, trade, and work place
regulations.

They argued that minimal government interference and laissez-faire

approach to governance was the constitutionally correct path.
p. 201 Corporations and the State

The Court overturned a New York state law

that prevented bakers from working more
than 10 hours per day.
p. 201 Lochner v. New York (1905)

Interprets the Constitution in its original context

p. 201 Strict Constructionist

 Sees the Constitution as a living document and takes into
account changes and social conditions since rati cation.

p. 202 Liberal Constructionist

Fill the Court with justices

p. 202 Pack the Court

Sustained a Washington state minimum wage law. The Court upheld

every New Deal measure that came before it.
p. 203 West Coast Hotel v. Parrish (1937)

A Court Dedicated to Individual Liberties

The Court extended many liberties under
Chief Justice Earl Warren

p. 203 The Warren Court

Issued several subsequent unanimous pro-integration rulings over the

next decade

Placed a high priority on the 1st Amendment's protection against a

government-established religion and protection for citizen's free
p. 203 Civil Rights and Civil Liberties speech

Failed in judicial leadership as it did not satisfy Nixon's quest to instill

a conservative philosophy
p. 204 The Burger Court

Rehnquist was a strict constructionist

He improved the conference procedures and decreased the Court's

p. 204 The Rehnquist Court caseload.

The Supreme Court Today

The Court's membership did not change for 12 years

p. 205 John Roberts (2005)

 First justice of Hispanic descent

p. 205 Sonia Sotomayor (2009)

First Latina and U.S Solicitor General

p. 205 Elena Kagan (2010)

In 2017, Trump nominated him as the Court's newest member.

p. 205 Neil Gorsuch (2017)

First African American justice

p. 205 Thurgood Marshall (1967)

First female justice

p. 205 Sandra Da O Connor

Often tie-breaking votes cast by justices whose opinions cannot

always be easily protected.
p. 205 Swing Votes

CONTINUITY AND CHANGE OVER TIME

Stare Decisis and Constitutional Application

Rulings related to legislation because errors in the Court's decision

could be corrected by Congress
p. 208 Burnet v. Coronado Oil & Gas Co. (1932)

The Democratic Party of Texas could determine its own membership

and therefore prevented them from voting in the primary.

Was overruled
p. 208 Grovey v. Townsend (1935)
 Denied the right to vote in a Texas Primary, arguing that his rights
under the 15th Amendment were being violated
p. 208 Smith v. Allwright (1944)

Judicial Activism vs. Judicial Restraint

Judgesstrike downlaws orreversepublicpolicy
thenatureof
dependingon lawthat
the isstruck
be
Can liberal conservative
or down
p. 209 Judicial Activism

at
Critics radicalactivismreport
create
should p olicy
outoutin ademocracyelectedrepresentativelegislate

p. 209 Judicial Self-Restraint

Violates their own idea of what the Constitution means in a

contemporary context

p. 210 Legislating From the Bench

HOW CASES REACH THE SUPREME COURT

Brief whylower
arguing
courterred
todetermineitthedamiswartyanditit grant
should me
appa
these
theSupremeCourt
reviews

p. 210 Petition for Certiorari

atoncefouroftheninejusticesagreetoaccepthecaseheappealisgranted
lessthan majority
standard
a
p. 210 Rule of Four Rehab so byminorities
commitments damn
courts

Informingcourtsdecisionandtorequestthefulltrialtranscript
p. 211 Writ of Certiorari

Opinions and Caseload

Court'sopinion
casethe
Sumsupthe Court's its
deninand rationale
p. 211 Majority Opinion
 Writtenbythose whomayagreewiththemajorityandjoin votebut
their
themajority'slegalreasoning
havereservationsabout

p. 212 Concurring Opinion

who
Written those themajoring
voteagainst
by
p. 212 Dissenting Opinion

Isdecision
sedbyCont
withoutfallexplanation
A
p. 212 Per Curium Opinion

Each justice appoints at least 4 law clerks to assist them with handling
briefs and analyzing important cases.

p. 212 Law Clerks

INTERACTIONS WITH OTHER BRANCHES OF GOVERNMENT

Presidential Appointments and Senate Confirmation
p. 213 Senate s Ad ice and Consent
The Senate Judiciary Committee looks over all the president's judicial
appointments. Sometimes nominees appear before the committee to
answer senators' questions about their experience or their views on
the law.

Quick determination atan appointee'spoliticalphilosophy

p. 213 Litmus Test

Senatefirmlyreserves itrightofadviceandconsent
Itisespeciallyroutinewithdistrict
judge appointments

p. 214 Senatorial Courtesy whenvacanciesoccur

senators
typical
y
judges the
recommend
to
House
white

Fewconfirmationsbroughtrancororpublic untiltheSenaterejectedtwoof
spectacle
Nixon's
President nominee

Ofthe161 nominations
36were
not continued
p. 214 Confirmation Eleven rejected
were full
byavoteorthe senate
 Turnerasenator'shomestatewhentheyfeelstrongaboutanominee
on
Suggest evendraft q uestions

p. 214 Interest Groups

Todestroyajudicialnomineethroughaconcertedattackonhis and
background p hilosophy
character

p. 215 Getting Borked

forJusticeThurgoodMarshallsatisfy
Replacement

Hewasastrictconstructionistandblacksohe theleft right

and parties

p. 215 Clarence Thomas

Was averted when a bipartisan group of senators dubbed the Gang of

14 joined forces to create a compromise that kept the Senate rules the
same while con rming most appointees.
p. 216 The Nuclear Option

Senate Majority Leader Mitch McConnell announced that the Senate

would not hold a vote on any nominee until the voters elected a new
president. Obama nominated Judge Merrick Garland to replace Scalia.

p. 216 Denying Garland

Limit atone
thenumberofparticipants hearings
prevent from
nominees
testifyingprevent
from
senators hypotheticals
s peciac
uttering to
conduct alitmus and
test baseconfirmation
records
w ritten
onnominees
solely
p. 218 Reforming Judicial Confirmation

E ec i e a d Legi a i e I f e ce he C P e
Enters the federal courts to enforce criminal law and to weigh in on
legal questions.
p. 218 The Justice Department

approved the
thepresidentand
Senate
Appointed
by by Court theU.S
andrepresent
casestoappealto
which
Determines theSupreme
Court
intheSupreme
p. 218 Solicitor General room

friend ofthecontbriers
bysolicitorgeneraltothe
submitted incases
Court
S upreme where Usisnot
the aparty
p. 218 Amicus Curiae Brief Arguesonaparticular rulinginthe case
 bythesameprocessforaccusingand
acted
to
Allows removeFederal
removing president
who
judges i mproperly

a
p. 218 Impeachment

Congress sets and pays judges' salaries. Congress budgets for the
construction and maintenance of federal courthouses. It has passed
an entire body of law that helps govern the judiciary.

p. 219 Congressional Oversight and Influence

Includes the power to consider all cases arising under the

Constitution, federal law or treaty, and admiralty or maritime
jurisdiction
p. 219 Defining Jurisdiction

therequirementsforbringingincasetocourt

p. 219 Standing

The Supreme Court's decision is not always nal

The High Court is interpreting language in the Constitution. That

language can be changed through constitutional amendments
p. 220 Legislating After Unfavorable Decisions

Involves South Carolina residents seeking to recoup war debts from

Georgia's government.

Court ruled that federal courts had jurisdiction over such cases and
opened the door for additional pending suits against other states.
p. 220 Chisolm v. Georgia (1794)

Brought suit looking to give women the right to vote.

Ruled that citizenship conferred membership of nation and nothing

p. 220 Minor v. Happerset (1875) more. Eventually Congress proposed and the states rati ed the
Nineteeth Amendment to override the decision

principlesand
decide
Courts ordercitizensor entities totakeactionorrefrainfrom
actionThe
executive enforces
b ranch the govla
p. 221 Implementation
H d he a i c c e ea dc e a e i h he he b a che e e
legal controversies and to shape public policy?
Interactions with Executive Branch Interactions with Legislative Branch

Potus
passes a lawthatthecourtcancompeteand Thecourtscan here cases thatmost
wouldn't
likely
have reachedthem
rulethe lawunconstitutional

Competeand cooperate with

Competeand cooperate with
other branches to settle legal
other branches to settle legal controversies
controversies