POLI 001 Study Guide - Fall 2018, Comprehensive Midterm Notes - United States Constitution, United States Congress, Supreme Court Of The United States
POLI 001
MIDTERM EXAM
STUDY GUIDE
Fall 2018
The Supreme Court
The Supreme Court and Political Values
- Supreme court strives to achieve just balance among values of freedom, order, and
equality
The Constitution says little about the Supreme Court
- The constitution established “ one supreme court” but left it to Congress to decide the
structure of the federal judiciary.
The Organization of the American Court System
The State Courts:
- Each state (and the District of Columbia) has its own court system. No two are alike.
- Co-exist with the federal court system. Individuals fall under the jurisdiction of both
- The jurisdiction of both handles/resolves the vast majority of legal disputes
The Supreme Court
-Original jurisdiction is the authority of a court to hear a case before any other For the
SC:
- “In all cases affecting ambassadors, other public ministers and consuls, and those in
which a state shall be party, the supreme court shall have original jurisdiction.”
-Appellate jurisdiction is the authority of a court to hear cases that have been tried,
decided, or reexamined in other courts.
Where does the Supreme Court derive its power?
Constitutional Powers
- Article 3, Section 1:
- The judicial power of the US, shall be vested in one Supreme Court…
- The actual power of the SC rests elsewhere..
Judicial Review
- What is it?
- Where is it found in the Constitution? Nowhere!
- Marbury v. Madison(1803)
Marbury v. Madison (1803)
find more resources at oneclass.com
find more resources at oneclass.com
- Marbury had been appointed to a judgeship under the previous administration of John
Adams but the paperwork was never delivered.
- Incoming President, Thomas Jefferson, told his Secretary of State, not to deliver the
papers.
- Marbury sued under a provision in the 1789 Judiciary Act but the SC said the act gave it
power beyond Article 3 and therefore was unconstitutional. Boom!
Judicial Review of the Other Branches
- Power to declare congressional acts invalid if they violate the Constitution
- Subsequent cases extended power to cover presidential acts as well
- SC is final authority on meaning of Constitution
What Cases Get Heard by the Supreme Court?
- Court’s cases come from two sources:
- Original Jurisdiction(not many here)
- Appellate Jurisdiction
- Litigants in state cases must satisfy two conditions
- must have exhausted appeals in state system
- case must raise a federal question
- rule of four
The Decision Making Process on the Supreme Court
The Courts grants review
- Attorneys submit written briefs
- Oral arguments, limited to 30 mins per side
- Justices question each side
- Justices meet in conference
Judicial Decision Making
- Justices do not simply interpret laws in making decisions.
- Justices have political values(ideologies) that influence decision making
- In addition to political values:
- Precedent
- Bargaining
- Public opinion
- Judicial restraint and activism(more to come)
- Judicial Restraint and Judicial Activism
- Judicial restraint
- Defer to decisions of elected branches of government
- Judicial Activism
- Judges should not defer to the elected branches but should use their
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Supreme court strives to achieve just balance among values of freedom, order, and equality. The constitution says little about the supreme court. The constitution established one supreme court but left it to congress to decide the structure of the federal judiciary. Each state (and the district of columbia) has its own court system. The jurisdiction of both handles/resolves the vast majority of legal disputes. Original jurisdiction is the authority of a court to hear a case before any other for the. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. Appellate jurisdiction is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts. The judicial power of the us, shall be vested in one supreme court . The actual power of the sc rests elsewhere
