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Courts 3
pg. 515-21
| Question | Answer |
|---|---|
| 3) 1a. How does the SC "ensure uniformity?" | It interprets national laws |
| 3) 1b. Provide an example. | In 1984, Congress created a federal sentencing commission to write guidelines aimed at reducing the wide disparities in punishment for similar federal crimes tried in federal courts. 1989 - +150 fd judges unconstitutional, 115 valid. SC solved problem. |
| 3) 2a. How is the number of SC justices determined? | 7 for Johnson because Congress didn't want him to pick 2 more, 9 for Grant because Congress trusted that he would nominate member to its liking, and it is still 9. |
| 3) 2b. How many SC justices are there? | 9 |
| 3) 3. "Unlike other federal courts," what is true of the SC? | It decides what cases it will hear |
| 3) 4a. Provide the two general circumstances under which the SC has original jurisdiction. | foreign diplomats and involving a state (state v. gov., state v. state, state v. citizens of another state, or state v. foreign country). |
| 3) 4b. Is the above common or rare? | rare |
| 3) 4c. Where does "almost all" of the Court's business come from? | The appellate process |
| 3) 4d. Specifically, where do most cases come from? | The federal courts |
| 3) 4e. Why are cases from the states not as common? | They must involve a substantial federal question (federal law) after the petitioner has exhausted all the potential remedies in the state court system. |
| 3) 5a. Why are federal judges and justices so important to presidents? | Lets them leave a mark on the American legal system. |
| 3) 5b. What are they guaranteed by the Constitution? | The right to serve "during good behavior" or for life |
| 3) 5c. Can federal justices and judges be removed? | Yes by conviction of impeachment |
| 3) 5d. How else are they protected from political pressure? | Congress cannot reduce their salaries |
| 3) 6a. How is the president's discretion somewhat limited? - include specific institution and percentage required. | The Senate must confirm each nomination by majority vote |
| 3) 6b. Provide the two constitutional steps to become a federal judge or justice ("why it matters to you" - pg. 516) | Nominated by the president then confirmed by the Senate |
| 3) 6c. What two things may be true if federal judges/justices were elected? | Their decisions on highly visible issues might be more responsive to the public and less to the Constitution |
| 3) 7a. Explain senatorial courtesy - just district court position is enough. | The Senate does not confirm nominees if they are opposed by a senator for the president's party from the state in which the nominee is to serve. |
| 3) 7b. What role do the other senators play in the process? | They honor their colleague's views and oppose the nomination, regardless of their personal evaluations of the candidate's merits. |
| 3) 7c. What does this informal practice cause presidents to do? And what power does it give senators? | Check carefully with the relevant senator or senators ahead of time to avoid making a nomination that the Senate will not confirm, ultimately giving Senate the power to make nominations and the president then approving them. |
| 3) 8a. The president can only alter the SC when what is true? | There are vacancies to fill |
| 3) 8b. Provide two examples illustrating the above (one "winner", one "loser") | Richard Nixon nominated 4 justices in 3 years in office, and Jimmy Carter never got to nominate a justice. |
| 3) 8c. What is true of when the chief justice position is vacant? | The president may nominate either someone already on the Court or someone from outside to fill the position. |
| 3) 9a. What is the primary reason senators play a lesser role in picking SC nominees? | The jurisdiction of the SC goes beyond individual senators' states or regions. |
| 3) 9b. What is the role of the Senate Judiciary Committee? | Probes a nominee's judicial philosophy in great detail |
| 3) 9c. How often has the Senate rejected SC nominees? | 20% |
| 3) 9d. What are two circumstances under which a nomination may run "into trouble?" | Presidents whose parties are in the minority in the Senate or who make a nomination at the end of their term |
| 3) 10 Who were the first - a. African American SC justice, b. Hispanic SC justice, or c. woman on the SC? | a. Thurgood Marshall b. Sonia Sotomayor c. Sandra Day O'Connor |
Created by:
Matti
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