AP US GOVERNMENT
Review Topics/Vocab
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ARTICLE III - THE JUDICIARY
Two-tiered court system in U.S.: federal and state
o Can commit an act that violates both fed. & state law – e.g., tax evasion
Only court created by Constitution is the Supreme Court; CONGRESS given the right to set up all courts
below it
Three levels of courts in federal system:
o Federal District Courts – original jurisdiction
o Federal Circuit Courts of Appeals – appellate jurisdiction
o U.S. Supreme Court – original and appellate jurisdiction
Federal District Courts
o the trial courts – 91
o decide the facts of the case & guilt or innocence
o use juries
o majority (90%) of all cases end at this level & go no further
Federal Circuit Courts of Appeal
o 13 in the country
o Hear cases appealed from federal district courts OR state supreme courts (where a federal
constitutional right is at issue)
o Decide issues of law only – don’t decide facts of case
o Panels of appointed judges – no juries
o Usually is the court of last resort – why?
U.S. Supreme Court
o Appellate jurisdiction - chooses to hear cases dealing with constitutional questions from Circuit
Courts; decides only issues of law in these cases
o Original jurisdictions – cases where U.S. is a party, suits between states, cases involving foreign
ministers
o No juries – decided by the 9 JUSTICES
o Reject 95% of the cases that are appealed to it --- usually agree with lower court’s decision; if
refuse to hear a case, lower court decision stands
o Rule of 4 – need 4 justices to agree to hear a case; then issue a writ of certiorari – legal document
used to call up the case from lower court
o Must be a justiciable case – must be an actual legal case/federal issue
o Petitioner must have standing to bring the case –must have some vested interest in outcome of case
o Most cases decided by stare decisis – let the decision stand
o Need 6 justices to vote – need majority to make decision; tie = lower decision stands
o Most decisions are divided – only about 1/3 are unanimous
o Opinions: majority, concurring, dissenting
o Supreme Court can overrule its own decisions – for example?
Judges/Justices:
o All judges/justices for all federal courts appointed by P & confirmed by Senate
o Life terms & no reduction of salary allowed – Why?
o Prime factor in selection – political ideology / partisanship
 Note: most/many have also held some form of political office
o Senatorial courtesy applies in appointment – senators in a state where an appointed judge will sit
submit list of acceptable names of nominees to the P
o Can only be removed by impeachment – 7 have (& one of those –Alcee Hastings, impeached for
bribery/perjury–now a D House of Rep member from south FL)
Class action suits? Amicus curiae briefs?
Judicial restraint – judges reluctant to overturn legislation; referee role only/don’t make policy; strict
constructionists
Judicial activism – judges who “change law” – have no reluctance to overturn law & institute policy; loose
constructionist
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Judicial review & strengthening of federal government by C.J. John Marshall:
o Power established by Marbury v. Madison, 1803
o Upholding supremacy clause & implied powers of Congress – McCulloch v. MD, 1819
o Federal power controls over interstate commerce – Gibbons v. Ogden, 1824
2 ways in which the judiciary is insulated from public opinion:
o lifetime appts., salary can’t be reduced
Reasons why judiciary still takes note of public opinion
o judicial decrees must be carried out by elected officials, can be impeached, have to be confirmed
by elected officials, reputation of Court