AP US Government & Politics: Judiciary (Judicial Review, Marbury v. Madison, Structure of Federal Courts)

AP US Government & Politics – Judiciary (Judicial Review, Marbury v. Madison, Structure of Federal Courts)

What This Is

The federal judiciary is the branch of government that interprets laws and resolves disputes under the Constitution. On the AP exam, you’ll need to explain judicial review (the power to strike down unconstitutional laws), the structure of federal courts (district-appeals-Supreme Court), and landmark cases like Marbury v. Madison (1803), which established judicial review. Why it matters: Without judicial review, Congress and the president could ignore the Constitution, leading to unchecked power (e.g., if a law banned free speech, courts could strike it down). Think of the judiciary as the "referee" in a game—it ensures the other branches play by the rules.

Key Terms & Concepts

• Judicial Review: The power of courts to declare laws or executive actions unconstitutional. Example: Brown v. Board of Education (1954) struck down segregation laws.
• Marbury v. Madison (1803): The Supreme Court case that established judicial review. Chief Justice John Marshall ruled that the Court could invalidate laws conflicting with the Constitution.
• Original Jurisdiction: The authority of a court to hear a case first (e.g., the Supreme Court in disputes between states).
• Appellate Jurisdiction: The authority to review decisions from lower courts (most of the Supreme Court’s cases).
• Federal District Courts: The trial courts of the federal system (94 districts). They handle civil/criminal cases under federal law.
• Circuit Courts of Appeals: The intermediate appellate courts (13 circuits). They review district court decisions for errors.
• Supreme Court: The highest federal court (9 justices). It has final say on constitutional issues and hears ~100 cases/year via writ of certiorari.
• Writ of Certiorari ("Cert"): An order from the Supreme Court to a lower court to send up a case for review. Rule of 4: 4 justices must agree to grant cert.
• Judicial Restraint: Philosophy that judges should defer to elected branches unless laws clearly violate the Constitution. Example: Justice Scalia’s originalist approach.
• Judicial Activism: Philosophy that judges should use their power to correct injustices, even if it means interpreting the Constitution broadly. Example: Roe v. Wade (1973).
• Stare Decisis: Latin for "let the decision stand." Courts follow precedent (past rulings) to ensure consistency. Example: Plessy v. Ferguson (1896) was overturned by Brown v. Board (1954).
• Judicial Appointment Process: Federal judges are nominated by the president, confirmed by the Senate, and serve lifetime terms (to insulate them from politics).

Step-by-Step: How to Analyze a Judicial Review FRQ

1. Identify the Law/Action in Question: Is it a federal/state law, executive order, or lower court ruling?
2. Check Constitutionality: Does it violate a specific clause (e.g., 1st Amendment, Commerce Clause, Equal Protection)?
3. Apply Judicial Review: If unconstitutional, the Court can strike it down (e.g., Marbury established this power).
4. Consider Precedent: Has the Court ruled on similar cases? (Stare decisis may apply.)
5. Evaluate Judicial Philosophy: Would a justice use restraint (defer to Congress) or activism (expand rights)?
6. Predict Outcome: Based on the above, would the Court uphold or invalidate the law?

Example: If asked about a state law banning flag burning: - Step 1: Law bans flag burning (symbolic speech). - Step 2: Violates 1st Amendment (Texas v. Johnson, 1989). - Step 3: Court would strike it down via judicial review. - Step 4: Johnson precedent supports this. - Step 5: Activist justices (e.g., Brennan) would protect free speech. - Step 6: Law is unconstitutional.

Common Mistakes

• Mistake: Confusing original and appellate jurisdiction. Correction: Original = first hearing (e.g., state vs. state); appellate = review of lower court decisions. The Supreme Court has both but mostly uses appellate.

• Mistake: Thinking judicial review is in the Constitution. Correction: It was established by Marbury v. Madison (1803). The Constitution doesn’t explicitly grant this power.

• Mistake: Assuming all federal judges are elected. Correction: They’re appointed by the president and confirmed by the Senate (Article III). Lifetime terms prevent political pressure.

• Mistake: Forgetting the Rule of 4 for cert. Correction: 4 justices must agree to hear a case—not a majority (5+).

• Mistake: Overlooking stare decisis in FRQs. Correction: Always mention precedent! Roe v. Wade relied on Griswold v. Connecticut (1965) for the right to privacy.

AP Exam Insights

• Tricky Distinction: Judicial review vs. judicial supremacy. Review = power to strike down laws; supremacy = idea that courts have the final say on constitutional meaning (controversial!).
• FRQ Hot Topics:
• Compare judicial restraint vs. activism (e.g., Lochner v. New York vs. Brown v. Board).
• Explain how the appointment process affects court rulings (e.g., Senate blocking Merrick Garland).
• Analyze how precedent shapes decisions (e.g., Plessy-Brown).
• MC Traps:
• "The Supreme Court must hear all appeals."? (Only ~1% of petitions are granted cert.)
• "Judicial review was created by the Constitution."? (Marbury established it.)
• "All federal courts have original jurisdiction."? (Only district courts and the Supreme Court in rare cases.)

Quick Check Questions

1. Which of the following established judicial review? a) The Constitution b) Marbury v. Madison c) The Judiciary Act of 1789 d) McCulloch v. Maryland Answer: b) Marbury v. Madison (1803). The Court claimed this power to strike down unconstitutional laws.

2. Short FRQ: In 2022, the Supreme Court ruled in Dobbs v. Jackson that the Constitution does not guarantee a right to abortion. Using the concept of judicial review, explain how this decision reflects the Court’s power. Answer: Judicial review allows the Court to invalidate laws or precedents (Roe v. Wade) it deems unconstitutional. In Dobbs, the Court exercised this power by overturning Roe, asserting that the right to abortion was not "deeply rooted" in U.S. history.

3. Which principle requires courts to follow precedent? a) Judicial activism b) Stare decisis c) Writ of certiorari d) Original jurisdiction Answer: b) Stare decisis ("let the decision stand"). Courts rely on past rulings to ensure consistency.

Last-Minute Cram Sheet

1. Marbury v. Madison (1803) = established judicial review. Not in the Constitution!
2. Judicial review = power to strike down unconstitutional laws.
3. Federal court structure: District (trial)-Circuit (appeals)-Supreme Court.
4. Supreme Court has original jurisdiction in cases between states or involving ambassadors.
5. Rule of 4 = 4 justices needed to grant cert. Not a majority!
6. Judicial restraint = defer to elected branches; activism = correct injustices.
7. Stare decisis = follow precedent (e.g., Plessy-Brown).
8. Judges serve lifetime terms (appointed by president, confirmed by Senate).
9. Writ of certiorari = order to lower court to send up a case.
10. Judicial review-judicial supremacy (review = power; supremacy = final say).