Glossary
Appellate Review
The process by which higher courts, including the Supreme Court, examine decisions made by lower courts to ensure legal errors were not made.
Example:
After losing a case in a federal district court, a party can seek appellate review from a circuit court of appeals to challenge the verdict.
Appointments
The President's power to nominate individuals to serve as Supreme Court Justices and other federal judges, subject to Senate confirmation.
Example:
A President's legacy can be significantly shaped by their appointments to the federal judiciary, as these judges serve for life.
Checks and Balances
A system within the U.S. government where each branch has powers that can limit the actions of the other branches, preventing any single branch from becoming too powerful.
Example:
The President's power to veto legislation passed by Congress is a prime example of checks and balances in action.
Confirmation Power
The Senate's constitutional authority to approve or reject presidential nominations to the Supreme Court and other federal courts.
Example:
The Senate exercised its confirmation power by holding extensive hearings for the President's nominee to the Supreme Court, ultimately approving the appointment.
Congressional Action
The legislative branch's ability to respond to Supreme Court decisions by passing new laws, modifying existing ones, or proposing constitutional amendments to alter the legal landscape.
Example:
Following a controversial Supreme Court ruling, Congressional action might involve drafting a constitutional amendment to explicitly define the issue.
Enforcement
The Executive Branch's responsibility to carry out and implement the decisions and rulings made by the Supreme Court and other federal courts.
Example:
The Department of Justice, part of the Executive Branch, is responsible for the enforcement of federal court orders, such as desegregation mandates.
Executive Orders
Directives issued by the President that manage operations of the federal government and can sometimes impact the scope or context in which the judiciary operates.
Example:
An executive order might direct federal agencies on how to interpret a law, which could influence future court cases related to that law.
Impeachment
The process by which the House of Representatives can formally charge a federal official, including Supreme Court Justices, with 'high crimes and misdemeanors,' potentially leading to removal from office by the Senate.
Example:
A federal judge could face impeachment if found to have engaged in serious misconduct or abuse of power.
Judicial Activism
A judicial philosophy where judges are willing to strike down laws or executive actions and create new policy, often to protect individual rights or liberties not explicitly stated in the Constitution.
Example:
A Supreme Court decision that expands civil rights beyond existing statutes, even if not explicitly mentioned in the Constitution, could be seen as an example of judicial activism.
Judicial Branch
The branch of government primarily responsible for interpreting the Constitution and laws, ensuring they are applied fairly, and resolving legal disputes.
Example:
The Judicial Branch, led by the Supreme Court, often hears cases that challenge the constitutionality of new federal laws.
Judicial Restraint
A judicial philosophy where judges limit the exercise of their own power, deferring to the policy judgments of the elected legislative and executive branches and adhering closely to precedent and the Constitution's text.
Example:
A judge who consistently upholds laws passed by Congress, even if personally disagreeing with them, is demonstrating judicial restraint by respecting the legislative process.
Judicial Review
The power of the Supreme Court and lower federal courts to determine whether laws, executive actions, or state actions violate the U.S. Constitution.
Example:
The Supreme Court used judicial review to strike down a state law that it deemed unconstitutional, thereby protecting individual rights.
Nomination Process
The procedure by which the President selects a nominee for the Supreme Court, followed by a thorough review and vote by the Senate for confirmation.
Example:
The nomination process for a Supreme Court Justice often involves extensive background checks, Senate Judiciary Committee hearings, and a full Senate vote.
Overruling Decisions
The ability of Congress to pass new laws or propose constitutional amendments that effectively negate or clarify the impact of a Supreme Court decision.
Example:
After a Supreme Court ruling on campaign finance, Congress attempted to overrule decisions by drafting new legislation to regulate political spending.
Pardons
The President's constitutional power to forgive a person for a federal crime, effectively nullifying a conviction or sentence, including those resulting from Supreme Court rulings.
Example:
The President granted a pardon to an individual who had been convicted of a federal offense, releasing them from further punishment.
Power of the Purse
Congress's constitutional authority to control the funding and budget of the federal judiciary, which can influence its operations and resources.
Example:
Congress can use its power of the purse to allocate or withhold funds for new federal court buildings or judicial staff salaries.
Public Opinion
The collective attitudes and beliefs of the general population that can indirectly influence the Supreme Court's decisions or its legitimacy.
Example:
Strong shifts in public opinion on a controversial social issue might lead the Supreme Court to reconsider past precedents over time.