Overview

The federal judiciary interprets and applies the law, serving as a co-equal branch of the U.S. government. It resolves disputes, protects constitutional rights, and checks the powers of the legislative and executive branches through judicial review. The Supreme Court sits at the top of the federal court hierarchy and plays a vital role in shaping public policy and constitutional interpretation.

Key Themes and Events

• Article III and Judicial Power: The Constitution establishes the Supreme Court and empowers Congress to create lower federal courts. Judges serve lifetime appointments, ensuring independence from political pressures.
• Judicial Review: Established in Marbury v. Madison (1803), judicial review allows courts to invalidate laws or executive actions deemed unconstitutional, making it a powerful check on other branches.
• Structure of the Federal Court System: Includes district courts (trial level), circuit courts (appellate level), and the Supreme Court. Most cases begin in district courts and may be appealed upward.
• Selection of Federal Judges: Nominated by the President and confirmed by the Senate. Political ideology, judicial philosophy (originalism vs. living Constitution), and precedent often influence selections.
• Landmark Decisions: Cases such as Brown v. Board of Education (desegregation), Roe v. Wade (privacy rights), and United States v. Nixon (executive privilege) illustrate the Court's role in shaping national policy.
• Judicial Restraint vs. Judicial Activism: Restraint emphasizes deference to elected branches; activism implies a willingness to strike down laws and interpret the Constitution more broadly.

Quick Tip

Memorize Marbury v. Madison as the foundation of judicial review, and know the structure of the federal court system. CLEP questions often ask about landmark cases, court levels, and judicial philosophies.