1. INSTITUTIONS: The Judicial Branch Potts, Period: 4 AP Economics Project Dante Solis-Zea

2.  Where the Executive and Legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate.  The Judicial Branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. The Judicial Branch is comprised of the Supreme Court and other federal courts. The Judicial Branch

3.  The Supreme Court heads the judicial branch of the United States government. It is the only court established by the Constitution. Decisions made by the Supreme Court are usually of national importance.  The Supreme Court is the highest court in the United States.  The Justices of the Supreme Court are nominated by the president and must be approved by the Senate (with at least 51 votes).  Congress decides the number of justices. Currently, there are nine. There is no fixed term for justices. They serve until their death, retirement, or removal in exceptional circumstances. Supreme Court

4.  Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers.  Establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Article III

5.  There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.  The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. Appeals courts consist of three judges and do not use a jury.  A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies. Appellate Courts

6.  Jurisdiction generally describes any authority over a certain area or certain persons. In the law, jurisdiction sometimes refers to a particular geographic area containing a defined legal authority. For example, the federal government is a jurisdiction unto itself.  Jurisdiction also may refer to the origin of a court's authority. A court may be designated either as a court of general jurisdiction or as a court of special jurisdiction. A court of general jurisdiction is a trial court that is empowered to hear all cases that are not specifically reserved for courts of special jurisdiction. A court of special jurisdiction is empowered to hear only certain kinds of cases.  Can also be used to define the proper court in which to bring a particular case. In this context, a court has either original or appellate jurisdiction over a case. When the court has original jurisdiction, it is empowered to conduct a trial in the case. When the court has appellate jurisdiction, it may only review the trial court proceedings for error. Jurisdiction

7.  A Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket.  The rule of four is not required by the Constitution, any law, or even the Supreme Court's own published rules. Rather, it is a custom that has been observed since the Court was given discretion over which appeals to hear.  Is not a command of Congress. It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the theory being that if four Justices find that a legal question of general importance is raised, that is ample proof that the question has such importance. This is a fair enough rule of thumb on the assumption that four Justices find such importance on an individualized screening of the cases sought to be reviewed. Rule of 4

8.  A legal document issued by the Supreme Court to request the court transcripts of a case. A writ of certiorari indicates that the Court will review a lower court's decision.  Certiorari is most commonly used by the U.S. Supreme Court, which is selective about which cases it will hear on appeal. To appeal to the Supreme Court one applies to the Supreme Court for a writ of certiorari, which it grants at its discretion and only when at least three members believe that the case involves a sufficiently significant federal question in the public interest. Writ of Certiorari

9.  The doctrine of stare decisis means that courts look to past, similar issues to guide their decisions.  The past decisions are known as precedent. Precedent is a legal principle or rule that is created by a court decision.  Most cases reaching appellate courts are settled on this principle. Stare Decisis

10.  Upheld the constitutionality of segregation under the “separate but equal” doctrine.  Stemmed from an 1892 incident in which African- American train passenger Homer Plessy refused to sit in a Jim Crow car, breaking a Louisiana law. Rejecting Plessy’s argument that his constitutional rights were violated, the Court ruled that a state law that “implies merely a legal distinction” between whites and blacks did not conflict with the 13th and14th Amendments.  Restrictive legislation based on race continued following the Plessy decision, its reasoning not overturned until Brown v. Board of Education of Topeka in 1954. Plessy v. Ferguson

11.  Said that separate public schools are inherently unequal, thus starting racial desegregation.  After Brown, the nation made great strides toward opening the doors of education to all students. With court orders and active enforcement of federal civil rights laws, progress toward integrated schools continued through the late 1980s.  Since then, many states have been resegregating and educational achievement and opportunity have been falling for minorities. Brown v. Board of Education

12.  The Supreme Court case that held that the Constitution protected a woman's right to an abortion prior to the viability of the fetus; thus, government regulation of abortions must meet strict scrutiny in judicial review.  Ruled that State laws against abortion were unconstitutional.  Established national abortion guidelines:  State may regulate to protect health of mother.  State may regulate to protect health of unborn child  Inferred from right of privacy. (Not the right to life) Roe v. Wade

13.  Established principle of judicial review (the Court's power to rule an act of Congress unconstitutional). The Court did not again invoke this power until the Dred Scott decision in 1857.  Established under John Marshall, the 4th Chief Justice. A Federalist who worked to increase the powers of the federal government over states. Marbury v. Madison

14.  Power of the courts to review acts of other branches of government and the states. Power established by Marbury v. Madison (1803) under the Marshall Court.  A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial Review

15.  Ruled that people of African descent imported into the United States and held as slaves, or their descendants whether or not they were slaves, were not legal persons and could never be citizens of the United States, and that the United States Congress had no authority to prohibit slavery in federal territories.  Also declared the Missouri Compromise, which prohibited slavery in the north, unconstitutional. Dred Scott v. Sandford

16.  Maryland imposes taxes on Second Bank of the United States. Cashier of bank (McCulloch) refuses to pay. Result: Congress has power to incorporate bank and Maryland cannot tax instruments of the federal government necessary and proper clause.  In establishing a national bank, Congress was legally exercising its enumerated powers not specifically mentioned in the Constitution.  Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. McCulloch v. Maryland

17.  Ruled that regulating interstate commerce is a power reserved to the federal government.  NY state had granted monopoly to Ogden of Hudson River. Gibbons obtained a permit from Congress to operate a steamboat there.  Ogden sued, and state ruled in his favor.  Marshall ruled that it was interstate commerce and could not be regulated by a state (only Congress could) - the monopoly was then voided. Gibbons v. Ogden

18.  Required state legislatures to apportion electoral districts so that all citizens votes would have equal weight.  Ordered state legislative districts to be as near equal as possible in population. Baker v. Carr

19.  A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the area of equality and personal liberty. It is the courts' appropriate role to correct injustices committed by the other branches of government. The courts need to protect oppressed minorities.  EX: Brown v. Board of Education (racial segregation in public schools violated the equal protection clause of the Fourteenth Amendment). Judicial Activism

20.  Within the Judicial Branch, among the president's constitutional powers is that of appointing important public officials; presidential nomination of federal judges, including members of the Supreme Court, is subject to confirmation by the Senate. Another significant power is that of granting a full or conditional pardon to anyone convicted of breaking a federal law, except in a case of impeachment. The pardoning power has come to embrace the power to shorten prison terms and reduce fines. The President

21.  1. Following the Civil War the Fourteenth Amendment to the United States Constitution was designed to overturn the  A. Dred Scott decision.  B. Plessy v. Ferguson ruling.  C. Emancipation Proclamation.  D. Civil Rights Act of 1866.  E. Slaughterhouse cases. Multiple Choice Questions

22.  2. Registered voters directly elect which of the following?  The president of the United States  Supreme Court justices  Members of the Senate  Members of the House of Representatives  A. I only  B. IV only  C. I and II only  D. III and IV only  E. II, III, and IV only Multiple Choice Questions

23.  3. refer to the following excerpt from a US Supreme Court decision.  We are unanimously of opinion, that the law passed by the legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitutional and void...This is a tax on the operation of an instrument employed by the government of the Union to carry its powers into execution. Such a tax must be unconstitutional...  This decision of the Supreme Court upheld the principle that  A. The federal government and the state governments are equal.  B. Congress has only those powers specifically enumerated in the Constitution.  C. Congress has the power to make laws to carry out the constitutional duties.  D. Taxation without representation is unconstitutional.  E. The federal government alone my levy taxes. Multiple Choice Questions

24.  4. In Brown v. Board of Education of Topeka, the Supreme Court established which of the following principles?  A. A school official can search a student for drugs.  B. Everyone must go to school at least until the age of 16.  C. Tuition for private schools cannot be tax deductible.  D. Separation of students by race, even in equally good schools, is unconstitutional.  E. A moment of silent prayer at the beginning of the school day is allowable under the First Amendment. Multiple Choice Questions