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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