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Chap 9. The Judicial Branch - Coggle Diagram
Chap 9. The Judicial Branch
9a. The Creation of the Federal Courts
Marshall Marshals the Court
其他framers不在意judicial
Interpreting a power "implied" by Article III.
Marbury v. Madison (1803)
Writ: a written court order requiring a party to perform or cease to perform a given act.
Marshall: declare the writ of mandamus
unconstitutional
Influence: he had created the power of
judicial review
. This established the precedent that only the
federal courts
could
interpret the Constitution.
9b. The Structure of the Federal Courts
Congress creates courts
(reorganize and even dismantle)
respect independent though
Constitutional Courts
mentioned in Article III ("inferior courts" )
Judges: nominated by the president, confirmed by the Senate, and serve lifetime terms
Legistive Courts
appointed by the president and confirmed by the Senate, but they serve fixed, limited terms
The Judicial Circuits
12 geographic circuits
1 court of appeals
Popu→judges
District Courts and Courts of Appeals
begin & end
Courts of Appeal
12+Federal Circuit
no juries, and panels of judges
nearly final
9c. The Supreme Court: What Does It Do?
The Power of Choice
choose implications
Hearing and Deciding a Case
public-private
Announcing and Implementing a Decision
expanation
Force implementation×
9d. How Judges and Justices Are Chosen
Constitution tradition
The Nomination Process
President nominat
Senate confirm
Recommadation
Vacancy-senatorial courtesy
Presi always follow sena recom
Selection Criteria
Experience Political ideology Party and personal loyalties Ethnicity and gender
Presi's important legacy
9e. The Power of the Federal Courts
Checks on Judicial Power
The president and Congress have some control
Congress:
impeach,
alter the organization of the federal court system,
amend the Constitution.
get around(declare unconstitutional+pass new)
courts implement limited
The Power of the Courts
Imortant est: judicial review(interpret the Constitution)
Overrule itself
cautious though
Judicial Activism versus Judicial Restraint