Key Terms
Two requirements to become a federal judge
1. Nomination by the president 2.
Two job protections for federal judges
1. Lifetime tenure — decisions don't affect job security 2.
Background
After the bitter 1800 election, outgoing President Adams appointed Federalist judges. Some commissions weren't delivered
Result
Established judicial review.
Judicial review
Power of any federal court to strike down acts of the president or Congress as unconstitutional. Established by Marbury
Judicial check on Executive and Legislative
Judicial review — any federal court can strike down an act as unconstitutional.
Executive check on Legislative
Veto power (covered more in Chapter 5).
Legislative check on Executive
Override vetoes, confirm executive appointments, control the budget.
Federalism
Division of authority between federal and state governments.
Example of a federal limitation
The federal government cannot tax goods exchanged between states as "exports."
Jurisdiction
A court's authority to hear a particular type of case.
Subject matter jurisdiction
Rules determining which court system hears a case based on the type of dispute.
Tort
Any civil wrong other than a breach of contract.
Federal question jurisdiction
Federal court authority over cases involving the Constitution, federal law, or treaties. No dollar minimum.
Lawsuits between states
Filed directly in the US Supreme Court.