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The Judicial Branch

The Judicial Branch. Lower Courts, Supreme Court. Judicial Branch. The Constitution establishes a Supreme Court – the top of the American judicial system. Article III of the Constitution describes the Judicial Branch.

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The Judicial Branch

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  1. The Judicial Branch Lower Courts, Supreme Court

  2. Judicial Branch • The Constitution establishes a Supreme Court – the top of the American judicial system. • Article III of the Constitution describes the Judicial Branch. • The Constitution also authorized Congress to establish any other courts that are needed • Under the Judiciary Act of 1789, Congress set up the system of federal courts that is still in place today

  3. Lower Courts • Most cases begin in district court where evidence is presented and a jury or judge decides the facts of the case. • A party that disagrees with the decisions may appeal it – ask the decision to be reviewed by a higher court. • Next level is the appellate court where the judge reviews decisions of district courts to make sure the right decision was made.

  4. Supreme Court • The Court is made up of a Chief Justice and eight Associate Justices • Chief Justice –John G. Roberts, Jr. • Justices – John Paul Stevens, Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsberg, Stephen Breyer, Samuel Alito, Sonia Sotomayer • The President appoints the justices but Congress must approve the appointment • Justices serve for life • The main job of the Court is to serve as the nation’s final court of appeals

  5. Supreme Court Cont’d • Hears and decides fewer than 100 cases per year • Usually involve federal laws • The justices hear oral argument and then vote – must have the majority of at least 5 justices. • Greatest power is to decide what the Constitution means • Declare whether acts of the President or laws passed by Congress are unconstitutional – not allowed under the Constitution

  6. Jurisdiction • Refers to the right of a court to hear a case • Federal courts have jurisdiction over cases that involve the Constitution, federal laws, treaties, foreign ambassadors and diplomats, naval and maritime laws, disagreements between states, and disputes between a state or citizen and a foreign state or citizen • In Marbury v. Madison, the Supreme Court established the right to judge whether or not a law is constitutional • Called Judicial Review

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