Transcript for:
Understanding the Federal Judiciary System

1.         Explain the main idea/argument in Federalism #78
   

The main argument in fed #78 is about how the judicial branch is the least dangerous as it doesnt have the power of the purse or the power of the sword james madison also argues how the judicial branch is important as it does have judicial review

2.     What are the Constitutional qualifications for the federal judiciary?
   

They must uphold good behavior and that's basically the only constitutional requirement

3.                   Why do federal judges serve in “good behavior” or a lifetime term?
   

To protect them from political pressure and bias and to ensure judicial indepenedence

4.           What was the Judiciary Act of 1789 and what did it do?
   

It established the federal court system it created the SC

5.     How did the federal courts get the power of judicial review?
   

Through the case of Marbury v Madison it created judicial review which is the ability to declare laws unconstitutional. 6. What actions can the Court overrule with judicial review? Lower court decisions,state provisions,federal legislation.

7.      Define the following:
   

• Writ of Certiorari - a decision of at least four of the nine justices to review a decision of a lower court

• Stare decisis - a previous decision by a court applies as a precedent in similar cases until that decision is overruled

• Precedent - prior cases whose principles are used by judges as the basis for their decisions in present cases

• Rule of four - a practice used by the Court it dictates at least 4/9 justices agree to grant a writ of certioari (a request for Court to review a lower court's decision)

• Jurisdiction - the sphere of a court's power and authority

8.     Explain the following types of jurisdiction:
   

• Original - the authority to initially consider a case; distinguished from appellate jurisdiction which is the authority to hear appeals from a lower court's decision

• Appellate - the authority to hear appeals from a lower court's decision

• Exclusive - only a specified court has the power to hear and decide a particular case to the exclusion of all other courts

• Concurrent - occurs when two or more courts possess the power to hear and decide the same case or matter.

9.     What type of jurisdiction(s) do each of the following federal courts have:
   

• District - origional Circuit Court of Appeals- appellate Supreme Court - has origional and appellate jusdiction

10.      Under what circumstances does the Supreme Court have original jurisdiction? Only involving disputes between states and involving citizens and foreign people,as well as high ranking ambassadors
    

11.     What is the difference between judicial activism and judicial restraint?
    

Judicial activism is when a judge uses their personal views when making decisions and judicial restraint is when judges limit their power limiting it to the constitution basically

13.     What is the nomination & confirmation process for a federal judge/justice?  The president nominates a candidate who is then referred to the senate judiciary committee for consideration. The committee holds hearings and votes on the nomination. Confirmation requires a majority vote in the full senate
    

14.      What Senate committee holds the hearings? It depends on the subject matter so theres no one committee that holds all hearings
    

15.     What does the president look for in a nominee? Explain the qualities and why those qualities.
    

Presidents look for political compatibility,integrity and professional excellence. So presidents choose nominees who align with his beliefs and looks for a strong record of experience as well as integrity.

16.     What political factors affect the president’s decision to appoint a nominee? The political or ideological alignment with the president, the nominees potentioal impact on important issues and the presidents individual goal.
    

17.     What political factors affect whether or not the Senate confirms the president’s nominee?  Explain how those factors affect the confirmation process. The political party control of the senate, the president's involvemtn in supporting the nomination and the nominees view on public policy. These factora influence the confirmation process by seeing how the nominee might view or affect public policy. 
    

18.     How many votes are needed (currently) to confirm a supreme court judicial nominee?
    

51 votes which is a majority

19.      What impact can a president have on the courts through the nomination process?
    

He can appoint judges who share political views or beliefs which can shoft the power on the bench and infgluence future legal decisions.

20.     How many petitions to hear a case does the Supreme Court get each year and about how many does it grant certiorari to?  Is that a high or low percentage? Explain.  Around 80 cases are heard and it's a very low percentage which is aroun 1%
    

21.      How does the Court having the power to grant certiorari contribute to an independent judiciary?
    

Allows the court to choose whcih cases are most signinifacnt and require it's attention it contributes to independent judiciary

22.      What other factors contribute to an independent judiciary?  Explain how each factor contributes to it. The way Judges are appointed impacts their independence. Appointment through a merit based system makes them least likely to be politically pressured. It contributes because judges should have a secure position and shouldnt be removed from their position without due process. 
    

23.      How is the Court insulated from public opinion?
    

The sc is insulated from public opiniopn primarily through lifetime appointments rather than elections. this separates the from the public and doesnt make them biased or make decisions from being politically pressured

24.     In what ways does public opinion keep the Court in check?
    

The courts dfecioosn can be ionflueced but the public's opinion. Negative public reactions to certain decisions can cause public disagreements which then can call for judicial reform 25. What checks does the legislative branch have on the judicial branch’s decisions? Impeachment,confirmation of judicial appointments,oversight of court system

26.    What checks does the executive branch have on the judicial branch’s decisions?
    

presidential appointments,pardon power

27.    How do these checks limit the judiciary’s independence?  Explain.
    

impeachments ,appointment and confirmation of judges and potential legislative or executive action to limit court rulings can limit judicial independence by allowing other branches of gov to influence the judiciary. Like impeachment, the legislative branch’s power to impeach and remove judges can create political pressure.

28.     What is an amicus curiae brief and how do interest groups use them? it's a document submitted by individuals not directly involved in the case or lawsuit but have a strong interest in the outcome. Interest groups use them to influence court decisions by presenting their perspective on the legal issue 
    

29.     What is the doctrine of original intent? Focuses on the framers intent and makes judiciary interpret it from the perspective of the ff
    

30.      Define:
    

• Majority opinion Opinion of court that is supported by more than half of trhe judges
• Dissenting opinion Written by one or more judges who disagree with the ruling or majority opinion
• Concurrent opinion Written by a judge who agrees with majority opinion but may disagree with reasoning or legal basis used by the majority

31. What is the 14th Amendment? equal protection,due process,incorporation and citizenship

32. What is the incorporation theory (doctrine of selective incorporation)? The bill of rights applies to states

33. Know the following cases (background, constitutional provision(s), decisions & rationale: Gideon v Wainwright - robbery,no attorney,under 14th amendment incorporation theory 6th amendment guarantees an attorney

New York Times v US president stopped publication of pentagon papers (classified) and then prohibited them from publishing it so then they were like that's a violation of freedom of press, president did have the power to stop them because NYT didint prove that it wouldn't endanger national security

Tinker v Des Moines - silent protest,armband, didnt substantially disrupt. Students did have the right to protest (freedom of speech) it was unharmful

Wisconsin v Yoder amish,religion, freedom of religion,free exercise clause

McDonald v Chicago right to bear arms. The 2nd amendment established the individual right to bear arms for self defense throuygh the 14th amendment states have to gurantee this right. 2nd,14 amendment aka due process.

Schenck v US - presented clear and present danger under freedom of speech since it was during war time

Engel v Vitale - freedom of religion,establishment clause,voantary schpool sponsered prayer. Unconstitutional

34. Know ALL of the Bill of Rights. 1 rapps 2 right to bear arms 3 quartering of troops 4 unreasonable search and seizure 5 right to remain silent

6 right to attorney 7 rights in civil cases 8 bail, fines,punishment 9 natural rights 10 state powers 35. What is the Civil Rights Act of 1964 & Voting Rights Act of 1965 and what did it do for African American Rights? Voting Rights Act of 1965 helped african americans by getting rid of discrimination and ensuring equal access to voting. The civil rights act prohibtred discrimination based on race, color, religion and sex so it provided equal rights for everyone.

36. What was Title IX and how did it impact women’s rights? It basically helped expand opportunities and provide equality for women. It prohibited discrimination against women.

37. What are the major ideas in the Letter from Birmingham Jail? civil rights,racial injustice