19 terms ch. 25 Chapter 10: The Judiciary Sandra Day O’Connor (Justice) — 1 st woman appointed to U.S. Supreme Court (by Reagan) (retired). Conservative-to- moderate “swing justice”, people called her “the most powerful woman in America.” (1 st vacancy on Court in 14 years) (pg. 322) William Rehnquist (Chief Justice) — passed away (1 st vacancy on Court in 14 years), leaving Chief Justice spot empty. (pg. 322) John Roberts — was appeals court judge and replaced Rehnquist, conservative (pg. 322) Samuel Alito —was appeals court judge and replaced O’Connor, conservative (pg. 322) Sonia Sotomayor — replaced David Souter (pg. 322) Elena Kagen — replaced John Paul Stevens (pg. 322) David Souter — liberal judge, replaced by Sonia Sotomayor (pg. 322) John Paul Stevens — liberal judge, replaced by Elena Kagen (pg. 322) Citizens United v. FEC (2010 )— 2010, Court was asked to decide whether the Bipartisan Campaign Reform Act ban on certain campaign spending by businesses and unions passed constitutional muster. Court ruled that limits on campaign spending amounted to prohibitions on free speech. This decision reversed a 2003 ruling (pg. 323) “the least dangerous branch”— Judiciary branch (in Hamilton’s words) (pg. 324) Article III [directly and explicitly creates the US Supreme Court]— (gives the Supreme Court both appellate and original jurisdiction) The system of lower federal trial and appellate courts that exist today were not directly created by Article III. Created the judicial branch of government (pg. 325-326) the kind of cases the U.S. Supreme Court hears (Table 10.1)— All cases arising under the Constitution and laws or treaties of the U.S.; All cases of admiralty or maritime jurisdiction; All cases in which the United States is a party; Controversies between a state and citizens of another state (later modified by the Eleventh Amendment); Controversies between two or more states. Controversies between citizens of different state; Controversies between citizens of the same state claiming lands under grants in different states; Controversies between a state, or the citizens thereof, and foreign states or citizens thereof; All cases affecting ambassadors or other public ministers. (pg. 326) life tenure and the "independence of judges"— highly unlikely that the Framers would have provided for life tenure with “good behavior” for all federal judges in Article III. Framers didn’t want justices subject to whims of politics, public, or politicians. Alexander Hamilton argued in Federalist No. 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals.” (pg. 326)
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