Pete Pew Notes Questions on Judiciary
1. Name two aspects of “Common Law.”
1. Based upon a system of unwritten law.
2. Unwritten laws are based upon precedents.
2. What does Article III give Congress the power to do in relationship to the judiciary?
Article III gives Congress the power to create "inferior" (lower) courts .
3. What do federal judges have to protect them from political attacks?
Judges in these courts hold life terms. THIS WAS ALEXANDER HAMILTON'S “BIG IDEA” IN FEDERALIST #78.
4. Who wrote about lifelong tenure and in which Federalist Paper?
Alexander Hamilton wrote about lifelong tenure in Federalist #78.
5. Federal judges are appointed by the President with what from Congress? How is this considered a check on the President’s power?
Appointed by the President with “advice and consent” of Senate. The President must choose someone who will be confirmed…
6. In order to be appointed a prospective federal judge must receive a ________ vote from the Senate.
A majority vote is needed for confirmation.
7. What continues long after a President leaves office? Please provide one example of this phenomenon.
A Pres ident’s influence continues long after they leave office due to Supreme Court selections and lifetime tenure . Earl Warren was Ike’s “biggest mistake.”
8. What “types” of judges do Presidents typically appoint?
Presidents generally try to appoint people of similar philosophy.
9. What power does Congress have over the number of judges appointed?
Congress can increase or decrease the number of courts and judges. If it had a VERY undesirable President, it could reduce the number of judges by not allowing vacancies to be filled of judges who had retired or died.
10. Which case established the power of judicial review?
The Power of judicial review was established by Marbury v. Madison in 1803.
11. What is one example of the Supreme Court overruling one of its earlier decisions?
Brown v. Board overturned Plessy v. Ferguson
12. Which cases are more common the Supreme Court appellate or those of original jurisdiction?
Cases from appellate jurisdiction are far more numerous than from original jurisdiction.
13. About how many cases are granted in review by the Supreme Court each year? Are these cases considered numerous or relatively few?
Thousands of requests are made for Supreme Court decisions, but relatively few requests are granted. Recent trend is for even fewer cases to be accepted each year. (~80 per year)
14. Explain the “Rule of 4” as it relates to court cases heard by the Supreme Court.
Rule of 4: In order for the Court to decide a case, 4 Justices must agree to do so.
15. What does “amicus curiae ” mean?
An amicus curiae is a "friend of the court" brief .
16. What can the Court NOT do if something is written about in the Constitution?
The Court cannot strike down something as unconstitutional if it is in the Constitution!
17. Explain what “judicial activism” means. Provide TWO examples.
Judicial Activism is a philosophy that the courts should take an active role in solving society’s problems. 2 Examples:
1. Striking down Topeka School Board’s policy of seg. in
Brown v. Board (1954)
2. Striking down Florida recount in Bush v. Gore 2000
18. Explain what “judicial restraint” means.
Judicial restraint is a philosophy holding that the courts should allow the states and the other two branches of the federal government to solve social, economic, and political problems.
19. How does “judicial restraint” relate to the Founding Fathers, according to some?
Judicial restraint suggests that courts should follow original intent of Founders: decide cases on basis of what the Founders wanted.
20. What were some criticisms of the Earl Warren court by those who support judicial restraint (name all four in bold)?
Conservatives complained about the liberal Court was too activist, Conservatives complain ed about the Court's judicial activism in:
1. Rights of the accused, e.g., requiring the police to issue "Miranda warnings."
2. Civil rights, e.g., desegregating public schools in Brown v. Board.
3. Civil liberties, e.g., of prohibiting prayer in school.
4. Political issues, e.g., Baker v. Carr, 1962.
21. What was the timeframe of the Warren Burger Court ? What landmark decision was decided by that court which might have been considered “activist?”
The Burger Court timeframe was from 1969 to 1986. The landmark decision by the Burger Court considered “activist” by Conservatives was Roe v. Wade (1973).