Unit 3 of AP Government and Politics delves into the intricacies of the judicial branch, a critical component of the U.S. government's system of checks and balances. Mastering the vocabulary is crucial for success in this unit and on the AP exam. This guide provides comprehensive definitions and context for key terms, ensuring you're well-prepared to analyze Supreme Court cases and understand the judicial process.
Core Constitutional Principles and Judicial Review
-
Judicial Review: The power of the Supreme Court (and other courts) to declare laws and executive actions unconstitutional. This is arguably the most significant power of the judiciary, shaping the balance of power between the branches of government. Marbury v. Madison established this principle.
-
Stare Decisis: The principle of adhering to precedent; meaning that courts should follow prior decisions when deciding similar cases. This promotes consistency and predictability in the application of the law, although it's not absolute and can be overturned.
-
Precedent: A previous court decision that serves as a model or guide for subsequent cases with similar legal issues. Precedent establishes legal rules and principles that guide future judicial decisions.
-
Original Jurisdiction: The authority of a court to be the first to hear a case. The Supreme Court has original jurisdiction in a limited number of cases, primarily those involving disputes between states.
-
Appellate Jurisdiction: The authority of a court to review decisions made by lower courts. The Supreme Court primarily exercises appellate jurisdiction, reviewing cases that have already been decided in lower federal or state courts.
-
Writ of Certiorari: A formal request to the Supreme Court to review a lower court decision. The Court grants certiorari (often abbreviated as "cert") only in a small fraction of cases it receives, selecting those it deems to be of significant legal or constitutional importance.
Actors and Influences Within the Judicial System
-
Judicial Restraint: A philosophy of judicial decision-making that emphasizes deference to precedent and legislative intent. Judges practicing judicial restraint are reluctant to overturn laws or create new legal principles.
-
Judicial Activism: A philosophy of judicial decision-making that emphasizes using judicial power to address social problems and injustices. Judges practicing judicial activism are more likely to overturn laws or create new legal principles.
-
Strict Constructionism: A judicial philosophy that interprets the Constitution strictly based on the original intent of the framers, emphasizing the literal meaning of the text.
-
Loose Constructionism (or Broad Constructionism): A judicial philosophy that interprets the Constitution broadly, taking into account contemporary values and societal changes.
-
Senatorial Courtesy: A tradition in which the Senate confirms only judicial nominees who are acceptable to the senators from the nominee's home state (for district court and circuit court nominees).
Case Outcomes and Impacts
-
Majority Opinion: The official opinion of the Court, reflecting the views of at least five justices and setting the legal precedent.
-
Concurring Opinion: An opinion written by a justice who agrees with the majority's decision but for different reasons.
-
Dissenting Opinion: An opinion written by a justice who disagrees with the majority decision, outlining their reasons for dissent. These opinions can sometimes become influential later on, potentially influencing future court decisions.
-
Unanimous Opinion: A decision in which all justices agree.
-
Per Curiam Opinion: A brief, unsigned court opinion.
This vocabulary list provides a strong foundation for understanding Unit 3 of AP Government and Politics. Remember to utilize this list in conjunction with case studies and readings to solidify your understanding of the judicial branch and its role in the American political system. Active engagement with the material is key to success.
