Study Guide for Chapter 14 Quiz


The Rule of Four: Under "the rule of four," at least four judges must agree that the Court should hear a case before that case is selected for the Court's docket


What is true for nominees for federal judgeships? Nominated by the President and confirmed by the Senate. Almost always of same ideology and political party as the president.


Who is empowered to create new federal courts? "Congress may from time to time ordain and establish" federal courts.


judicial activism: Judicial philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. Warren Court (1953-1969)


What case is Justice Harry Blackmun best know for? Wrote the opinion for Roe v Wade.


Reason why the Supreme Court will hear a case from a state court: If there is conflict with a federal law.


*The Burger Court. Who in the Berger Court were consistently liberal in their views?


Judicial Restraint/Strict Constructionism: Judicial philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. The Rehnquist Court (1986-present)


Criteria for selecting Supreme Court Justices: party, race, gender, ideology, and judicial philosophy


senatorial courtesy: The presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.


What are the Legislative Courts? Article I, or special, or legislative, courts are created by Congress and hear only a limited range of specialized cases.


stare decisis: The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.


Removal of a federal judge: Only method of removal is through the constitutional avenue of impeachment.


*Earl Warren, John Marshall, Warren Burger, Roger Taney. What do these men have in common?


precedent: Judges are expected to abide by previous decisions of their own courts and by rulings of superior courts.


original jurisdiction: the authority of a court to hear a case "in the first instance"


Consequence of Marbury vs. Madison: Chief Justice John Marshall claimed judicial review, the power to authoritatively interpret the Constitution.


Appointment of Clarence Thomas: Conservative African-American appointed by President Bush. Sexual harassment charges generated controversy with women's and liberal groups. Thomas was confirmed by the Senate 52 to 48, one of the closest Supreme Court justice confirmation votes in history.