Unit 2 SCOTUS

Front

What is the power of the judicial branch?

Back

To determine the constitutionality and legality of actions

Front

Where did that power come from?

Back

Article III Section 1 of the Constitution and the holding in Marbury v. Madison

Front

What was the holding in Marbury v. Madison 1803?

Back

SCOTUS has the power of judicial review

Front

Define judicial review.

Back

SCOTUS has the power to determine the constitutionality of a legislative act

Front

According to Federalist 78, why was judicial review necessary?

Back

Fed 78 says that the Constitution is the supreme law of the land, and that contrary laws must be struck down. Judicial review gives SCOTUS the power to strike these unconstitutional laws.

Front

According to Federalist 78, why is life tenure needed?

Back

To protect from the wills of the people; the justices must not be beholden to a constituency, they must be beholden to the Constitution only

Front

Describe how justices get on the Court.

Back

They are appointed by the President and then confirmed by the Senate

Front

Define stare decisis.

Back

“Let the decision stand,” just deferring to the precedent already set by the court.

Front

Describe how stare decisis impacts judicial decision making.

Back

Decisions usually stand, so things usually remain the same. The court can reverse its decisions, though; (ex. Plessy v. Ferguson to Brown v. Board of Education)

Front

How can ideology of the Court change decisions/precedent over time?

Back

A liberal leaning court will swing the precedent to the left, vice versa with a conservative court. Activist courts will make bold policy decisions, where a restrictive court will not make policy decisions, usually defaulting to stare decisis.