Article III: The Judicial Branch

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Article III The Judicial Branch

• Interpreting the Constitution and the Laws

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The U.S. Supreme Court

• Article III of the Constitution creates only the
  Supreme Court, but provides for the establishment
  of lower courts by Congress

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The Least Dangerous Branch

• The judiciaryhas no influence over either the
  sword or the purse Alexander Hamilton,
  Federalist 78.
• The judicial branch interprets the Constitution
  and the laws.

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Judicial Review

• The true power of the Supreme Court and the
  judicial branch is not found in the Constitution,
  but comes from common law.
• Judicial Review the power to judge actions to
  be unconstitutional and therefore not valid.
• Marbury v. Madison (1st example in U.S.)

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John Marshall
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Supreme Court Decisions

• Majority Rule (5 of 9 Justices make decision)
• Majority Opinion agreed upon by the majority of
  Justices
• Concurring Opinion agree with majority decision,
  but for different reasons.
• Dissenting Opinion disagree with majority
  decision.

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Oliver Wendell Holmes, Jr.
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Supreme Court Jurisdiction

• The Supreme Court has original jurisdiction in
  only a few instances.
• In most cases, the Supreme Court has appellate
  jurisdiction.

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Thurgood Marshall
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Why does the Supreme Court decide to hear a case?

• The case involves the Constitution.
• The decision will affect a large number of
  people.
• Two other courts have decided the case
  differently.

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Hugo Black
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Sandra Day OConner