Article III:

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• Article III
• The United States
• Supreme Court

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Main Purposes

• Acts as the umpire in the game of American
  government, making sure everyone follows the
  rules
• Makes sure the executive and legislative branches
  do not overstep their boundaries
• Acts as an arbitrator between the federal and
  state governments
• Interprets the meaning of the Constitution

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Most importantly

• quasi-legislative role
• decisions change what was previously accepted as
  the law of the land
• consequence is almost as if a new act of Congress
  had been passed
• example - 1890s Plessy v. Ferguson allowed
  segregation ... 1950s Brown v. the Topeka Board
  of Education changed the ruling so segregation
  was not allowed

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Judicial Review

• Allows the Supreme Court to rule
  unconstitutional
• any act (law) passed by Congress
• any action of the President or someone in the
  Executive branch
• any law or action at any level of local or state
  government

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Consequence of Judicial Review

• If something is ruled unconstitutional, it is not
  allowed
• The only way to change an unconstitutional ruling
  is to create an amendment to the Constitution!

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Writ of Certiorari

• Means to make more certain
• 4 out of 9 Justices (members of the Supreme
  Court) must agree to hear the case
• Cases usually heard when
• a right guaranteed by the Constitution is being
  denied
• when a state law is found to be in conflict with
  federal law

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Set up of the Supreme Court

• Members include a Chief Justice and 8 Associate
  Justices
• Members are appointed by the President and
  approved by the Senate
• Term for a Justice is lifetime (or retirement)
  subject to impeachment and trial
• Number of justices is determined by Congress and
  has varied from 5 10, but has been 9 since 1869

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Overview of 3 Ways Cases Can Reach the Supreme
Court
3. Original Jurisdiction
U.S. Supreme Court
State Supreme Court
Federal Court of Appeals
State Court of Appeals
Federal District Courts
State Trial Courts
1. Federal Court System
2. State Court System
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1. Federal Court System

• Cases determined by the Constitution or Congress
  go through the federal court system
• Examples include cases involving public
  officials, admiralty and maritime issues, and
  disputes over public lands

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2. State Court System

• Majority of cases reach the Supreme Court this
  way
• Any case that doesnt have to go through the
  federal court system or original jurisdiction
  (next slide) go through the state court system

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3. Original Jurisdiction

• A few cases go directly to the Supreme Court and
  bypass the federal or state court systems
• Examples include cases between the federal
  government and a state, cases between a state and
  a citizen of a different state, and cases
  involving diplomats or other foreign ambassadors

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Some Terms to Know

• Defendant one being accused
• Plaintiff one bringing charges
• Bail amount paid by a defendant to remain free
  before and during a trial
• Jury trial when a case is heard and decided by
  a group of people (jury)
• Bench trial when a case is heard and decided by
  a judge

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What Each Level of Court Can Do

• At the lowest level (Federal District Court or
  State Trial Court), judge or jury can find the
  defendant
• guilty
• not guilty

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What Each Level of Court Can Do

• At the upper levels (Federal Court of Appeals,
  State Court of Appeals, State Supreme Court, or
  U.S. Supreme Court)
• Uphold the decision agree with the previous
  decision
• Overrule decide differently than the previous
  decision
• Remand order a new trial

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What Each Level of Court Can Do

• If the U.S. Supreme Court upholds or overrules a
  decision by a lower court, the decision is final!
  The only way the decision could be changed is if
  an amendment was made to the U.S. Constitution!

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Criminal v. Civil Cases

• Criminal Cases
• Violating laws
• If convicted, go to jail
• Bail is given
• Charges can only be brought by the government
• Evidence needs to be beyond reasonable doubt
• Rights protected by 4th, 5th, 6th, and 8th
  Amendments

• Civil Cases
• Violating a persons civil rights
• If convicted, pay a fine
• Bail is NOT given (since not sent to jail)
• Charges can be brought by anyone
• Evidence needs to likely be true
• Rights protected by the 4th, 7th, and 8th
  Amendments

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Checks on the Supreme Courts Power

• By Congress Senate must approve appointments
  made by the President, Congress can impeach
  judges, alter the number of Justices on the
  court, and override a court decision by amending
  the Constitution
• By the President President nominates justices,
  acts in a way that is or is not supportive
• Other checks public opinion, must wait for
  cases to be brought before it, time (hundreds of
  cases are not heard every year because of time)

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Homework

• Use the following sites to complete the questions
  on the handout
• http//www.supremecourtus.gov/about/about.htmlhttp
  //www.washingtonpost.com/wp-dyn/nation/courts/sup
  remecourt/