Judicial Branch

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Judicial Branch

• 2.02- Explain how the United States Constitution
  defines the framework, organization, and
  structure of the three branches of government at
  the national level.
• 2.03- Explain how the US Constitution grants and
  limits the authority of public officials and
  government agencies.

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A. Establishment of the Supreme Court

• In Article III of the Constitution
• 1 Federal Court 50 State Courts
• Federal Courts
• Have 3 Levels
• 4. Jurisdiction courts
• authority to hear decide
• on cases

Supreme Court
Appeals Court
District Courts
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B. Federal Courts

• Federal Court has exclusive jurisdiction over 8
  kinds of cases (only they hear/decide these
  cases)
• a) Involving the Const- Ex denied freedom of
  speech
• b) Violations of Federal Laws- Ex kidnapping,
  tax evasion, counterfeiting, patents, bankruptcy
• c) Disputes between states- regarding boundary
  lines, water claims, other property issues
• d) Disputes between citizens of different
  states-
• e) Involving the Fed. Govt.- lawsuits were govt
  can sue or citizens can sue the government
• f) Involving Foreign Govt. Treaties-
• g) Accidents/Crimes on the High Seas-
• h) US Diplomats- If diplomat in another country
  breaks an American law

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C. State Courts

• Have jurisdiction over all other matters
• Most court cases involve state law state courts
• Some can be heard in both concurrent
  jurisdiction

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C. Federal Court Levels

• District Courts - - 550 judges
• a) all cases must begin here
• b) original jurisdiction- hear the cases for the
  first time
• c) determine the facts for the case
• 2. US Appeals Courts - - 6-27 judges
• a) appellate jurisdiction- review decisions from
  lower courts
• b) 12 court of appeals, but no trials 3 or
  more judges decide to keep the first decision,
  reverse the decision, or send it back to be tried
  again

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D. Supreme Court

• General information
• a) main job to decide whether laws are allowable
  under the US Constitution
• b) do not have to choose every case the lower
  courts decisions will remain unchanged
• c) final authority in cases w/ Constitution,
  Congress, and treaties
• d) no jury
• e) hear original and appellate jurisdiction

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D. Supreme Court (contin)

• 2. Justices
• a) 8 associate justices and 1 chief justice
• (1) chief picked by Prez seniority, presides
  over sessions (sits in the middle)
• b) Appointed by President w/ approval of Senate
• (1) will choose someone w/ similar views
• (2) Senate can has rejected appointed
  justices
• c) 1st African American- Thurgood Marshall
  (1967)
• 1st Woman- Sandra Day OConnor (1981)

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D. Supreme Court (Cont)

• 3. Powers
• a) legislative executive branches must
  following their rulings
• b) Judicial Review
• (1) decide if laws are constitutional
• (2) has power to cancel (nullify) a law
• (3) Not given to the SC in Const. but granted
• though Marbury vs Madison (1803)
• - helped give the judicial branch equal power
• - Const. is the supreme law of the land, the
  constitution always wins, judicial branches
  job is to uphold the constitution
• c) Interprets laws made by Congress

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E. Keeping the Judicial Branch in Check

• Legislative
• a) Pass a new or change an old law
• b) Adopting a new amendment to the Const.
• c) Approve justices being appointed
• d) Impeach justices
• 2. Executive
• a) President appoints justices