AP®︎ U.S. Government & Politics: Topic 2.8 Flashcards

Master key terms and definitions for Topic 2.8 of AP U.S. Government & Politics – The Judicial Branch to help you prep for quizzes and the AP exam.


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Term

Article III of the U.S. Constitution

Definition

Creates the Supreme Court, permits Congress to establish lower federal courts, defines federal jurisdiction, and protects judges through tenure during good behavior and undiminished compensation

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Article III of the U.S. Constitution
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Creates the Supreme Court, permits Congress to establish lower federal courts, defines federal jurisdiction, and protects judges through tenure during good behavior and undiminished compensation

LO 2.8.AEK 2.8.A.1
Cases and Controversies Requirement
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Article III limitation requiring federal courts to decide actual legal disputes rather than issue general policy recommendations or advisory opinions

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Original Jurisdiction vs. Appellate Jurisdiction
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Original jurisdiction means a case begins in the Supreme Court; appellate jurisdiction means the Court reviews a lower court’s decision

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Judicial Independence
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Judges’ ability to decide cases without immediate political retaliation, protected chiefly by tenure during good behavior and undiminished compensation

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Federalist No. 78
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Hamilton’s defense of an independent, “least dangerous” judiciary that exercises judgment and must prefer the higher authority of the Constitution to conflicting statutes

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Judicial Review
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The power of courts to determine whether government action conforms to the Constitution and to deny legal effect to unconstitutional laws or executive actions

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Marbury v. Madison (1803)
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Supreme Court decision that invalidated part of the Judiciary Act of 1789 for conflicting with Article III, thereby establishing judicial review of federal laws

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