The Role of the Judicial Branch - AP Government and Politics

Courts should not decide issues unless necessary. Philosophy favoring limited judicial intervention in policy matters.

Courts should play an active role in policy making. Philosophy supporting broad judicial interpretation to address social issues.

Reynolds v. Sims (1964). Required equal representation in legislative districts based on population.

To ensure independence from political pressures. Protects judicial decision-making from political influence and electoral pressure.

Mapp v. Ohio (1961). Applied Fourth Amendment protections to state criminal prosecutions.

A 'friend of the court' brief to influence a decision. Allows interested parties to provide legal arguments in pending cases.

The Fourteenth Amendment. Protects against arbitrary government action in legal proceedings.

Obergefell v. Hodges (2015). Established marriage equality as a fundamental constitutional right.

The U.S. Constitution. Article III specifically creates the federal court system.

The Fourteenth Amendment. Requires states to treat all citizens equally under the law.

To determine if there is enough evidence to indict. Screens cases to determine if formal charges should be filed.

The House of Representatives. Constitutional power to remove federal judges for misconduct.

The power to declare laws unconstitutional. This power checks legislative and executive branches through constitutional interpretation.

The Supreme Court. It has final appellate jurisdiction over all federal and state courts.

Nine justices. Set by Congress in 1869, this number has remained constant since then.

The Executive Branch. The President nominates all federal judges and Supreme Court justices.

Confirms judicial nominees. Senate advice and consent is required for all federal judicial appointments.

Four justices must agree to grant a writ of certiorari. Minimum threshold needed to hear a case on discretionary appeal.

To review a lower court's decision. The Court uses discretionary jurisdiction to choose which cases to hear.

The court's power to hear a case first. Limited to specific cases like disputes between states.

The power to review and revise lower court decisions. Most Supreme Court cases come through appellate review of lower courts.

An opinion disagreeing with the majority. Provides alternative legal reasoning and may influence future decisions.

Agrees with the majority but for different reasons. Supports the outcome but offers different legal reasoning or emphasis.

Gideon v. Wainwright (1963). Applied Sixth Amendment right to counsel to state criminal proceedings.

Through confirmation and impeachment powers. Senate confirms appointments and can impeach federal judges.

A previous court decision that influences future cases. Forms the basis of common law system and legal consistency.

Stare decisis. Latin for 'let the decision stand' - promotes legal stability.

By constitutional amendment or later Court decision. Constitutional amendment requires supermajorities; Court reversal needs new case.

A 'friend of the court' brief to influence a decision. Allows interested parties to provide legal arguments in pending cases.