Judicial Branch ⚖️
Role of the Judicial Branch: Interprets laws. Ensures laws follow the U.S. Constitution. Resolves disputes about federal law.
Structure of the Federal Court System
Jurisdiction
Original jurisdiction: Cases start here (rare). Example: cases involving foreign diplomats. Appellate jurisdiction: Reviews cases from lower courts.
Federal Judges
There are no constitutional requirements for federal judges. Judges are: Nominated by the President. Confirmed by the Senate.
Supreme Court Case Process
Certiorari: The Court chooses fewer than 100 cases per year. Writ of certiorari: Request to review a lower court case.
Types of Supreme Court Opinions
Majority Opinion: Supported by at least 5 justices. Explains the Court’s decision. Concurring Opinion: Agrees with the outcome but for different reasons. Dissenting Opinion: Disagrees with the majority decision. Plurality Opinion: Most justices support the result, but no single explanation has a majority.
Important Legal Principles
Judicial Review: Power to declare laws unconstitutional. Stare Decisis: Courts follow previous decisions. Precedent: Earlier court decision used to guide future cases. Amicus Curiae Briefs: “Friend of the court.” Written by outside groups offering information or arguments.
Free Speech and Religion in Schools
Students do have constitutional rights in school, but they are limited. Protected: Student protests (ex: wearing armbands), Freedom of expression. Not allowed: Speech that causes substantial disruption. Religious rulings: Schools cannot require students to salute the flag. Schools cannot organize prayer. Government cannot promote religion.
Judicial Philosophy
Judicial Activism: Courts take an active role in shaping policy. Judicial Restraint: Courts defer to elected branches and avoid policy decisions. Originalism: Interpreting the Constitution based on its original meaning.
Executive Branch 🏛️
Role of the President: The president enforces laws and leads the country.
Presidential Roles
Chief Executive: Enforces laws. Commander in Chief: Leader of the military. Chief Diplomat: Manages foreign policy. Legislative Leader: Influences lawmaking.
Presidential Powers
Negotiate treaties (Senate must approve). Appoint judges and officials. Veto laws.
Types of Veto
Regular Veto: President rejects a bill. Override: Congress can override with 2/3 vote in both chambers. Pocket Veto: President ignores bill when Congress adjourns.
War Powers
Congress: Declares war. President: Responds quickly to threats. War Powers Act: Requires president to: Notify Congress. Withdraw troops after a certain time without approval.
Administrative State
The president oversees: Federal agencies, Government departments, Policy implementation.
Theories of Presidential Power
Whig Theory: President follows Congress’s lead. Stewardship Theory: President can do anything not forbidden by the Constitution to serve the public.
Vice President
Chosen by the presidential candidate. Main roles: President of the Senate, First in line for presidency.
Executive Office of the President
Includes: Office of Management and Budget, National Security Council, National Economic Council, Office of Legislative Affairs. These offices advise the president.
Presidential Influence
Honeymoon Period: Early months when president has higher approval and easier legislative success. Media: Presidents use social media and news to influence public opinion.
Impeachment
Step 1: House of Representatives impeaches (charges). Step 2: Senate holds trial. Result: President may be removed from office.
Qualifications for President
Must: Be 35 years old, Be a natural-born citizen, Have lived in the U.S. for 14 years. Limit: Two terms.
Legislative Branch 🏛️
Role of Congress: Makes laws. Controls government spending. Represents the people.
Structure of Congress
House of Representatives: 435 members. Must be 25 years old. Senate: 100 members. Must be 30 years old.
Redistricting
Occurs every 10 years after the census to adjust districts based on population.