13. The Federal Judiciary and Public Policy Free Online FlashCards

What does Article III establish about the federal judiciary?

Article III establishes one Supreme Court and authorizes Congress to create lower federal courts.

How does Article III protect federal judicial independence?

Federal judges hold office during “good Behaviour,” generally providing life tenure, and their compensation cannot be reduced while they remain in office.

What does the case-or-controversy requirement demand?

Federal courts require an actual case or controversy, including a concrete injury connected to the challenged action and likely to be remedied by a favorable decision.

What is judicial review?

Judicial review is the authority of courts to determine whether government action is consistent with the Constitution.

What three principles did Marbury v. Madison establish?

Marbury established that the Constitution is supreme law, unconstitutional statutes are invalid, and courts must determine what the law means in cases before them.

How does the constitutional appointment process check presidential power?

The president nominates Supreme Court justices, but the Senate must provide “Advice and Consent.” The Senate may confirm, reject, delay, or take no action.

Why do Supreme Court appointments have long-term policy consequences?

Appointments can shape public policy for decades because justices serve longer than most elected officials and may interpret the Constitution long after their selecting presidents leave office.

What is vertical precedent?

Vertical precedent requires lower courts to follow controlling decisions of higher courts.

What does stare decisis require, and what flexibility does it allow?

Stare decisis promotes predictable law by encouraging courts to follow established rules, but courts may distinguish, narrow, clarify, or overrule precedent when justified.

Why are activism and restraint imperfect labels?

Judicial activism and restraint are contested descriptions of judicial behavior, not precise constitutional rules. Careful analysis examines reasoning, precedent, interpretive method, remedy, and institutional effects.

What constitutional principles did McCulloch v. Maryland establish?

McCulloch upheld Congress’s power to establish a national bank and rejected Maryland’s tax because a state may not obstruct valid federal action.

What did Brown v. Board of Education hold?

Brown held that state-sponsored racial segregation in public schools violated the Fourteenth Amendment’s Equal Protection Clause.