AP®︎ U.S. Government & Politics: Topic 2.11 Flashcards

Master key terms and definitions for Topic 2.11 of AP U.S. Government & Politics – Checks on the Judicial Branch to help you prep for quizzes and the AP exam.


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Term

Countermajoritarian Difficulty

Definition

The concern that unelected, life-tenured judges can use judicial review to override policies supported by elected majorities

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Countermajoritarian Difficulty
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The concern that unelected, life-tenured judges can use judicial review to override policies supported by elected majorities

LO 2.11.AEK 2.11.A.1
Judicial Activism
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An approach favoring assertive judicial review to invalidate government actions, establish new constitutional interpretations, or overturn precedent

LO 2.11.AEK 2.11.A.1
Judicial Restraint
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An approach favoring limited judicial review, adherence to precedent, and deference to elected institutions unless the Constitution clearly requires intervention

LO 2.11.AEK 2.11.A.1
Stare Decisis
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The doctrine of following precedent in cases with similar facts, promoting stability and predictability in the law

LO 2.11.AEK 2.11.A.1
Congressional Legislation Modifying a Supreme Court Decision
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Congress may amend a federal statute to change a Court interpretation prospectively, but an ordinary law cannot override the Court’s interpretation of the Constitution

LO 2.11.BEK 2.11.B.1
Constitutional Amendment as a Check on the Supreme Court
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An amendment changes the Constitution the Court must interpret and can therefore supersede a Supreme Court constitutional ruling

LO 2.11.BEK 2.11.B.1
Judicial Appointments and Senate Confirmations
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The president nominates justices and the Senate confirms or rejects them, allowing the elected branches to shape the Court’s future ideological balance

LO 2.11.BEK 2.11.B.1
Court Packing (Altering the Size of the Supreme Court)
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Using Congress’s statutory power over the Court’s size to change its membership and potentially shift its ideological direction

LO 2.11.B
Jurisdiction Stripping
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Congress’s use of its Article III authority to remove categories of cases from the Supreme Court’s appellate jurisdiction

LO 2.11.BEK 2.11.B.1
Delayed Implementation of Supreme Court Decisions
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Presidents, states, or other implementing institutions can resist, delay, or narrowly enforce a ruling, reducing its immediate practical effect

LO 2.11.BEK 2.11.B.1
Impeachment and Removal of Federal Judges
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The House may impeach a federal judge by majority vote; the Senate may convict and remove the judge by a two-thirds vote of senators present for treason, bribery, or other high crimes and misdemeanors

LO 2.11.B