The Judicial Branch

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
  nations final court of appeals

5
Supreme Court Contd

• 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

7
Historic Supreme Court Cases

• McCulloch v. Maryland (1819) -- A conflict arose
  between a state government and the Federal
  government, with the state government being
  declared subordinate to the Federal government
  where laws conflict.
• Dred Scott v. Sanford (1857) -- Slaves were
  classified as property. This case fueled the
  flames that began the Civil War

8

• Schenck v. United States (1919) -- "Clear and
  Present Danger" was established in this case as
  an acceptable reason for the limiting of free
  expression.
• Powell v. Alabama (1932) -- The Supreme Court
  ruled here that the right to counsel was required
  by law in death penalty trials.
• Brown v. Board of Education of Topeka (1954) -- A
  tremendous step in the direction of equal rights
  for all citizens. Separate but equal is no longer
  legal.

9

• NAACP v. Alabama (1958) -- Freedom of association
  (the right to assemble in groups) was protected
  here.
• Miranda v. Arizona (1966)- that a person accused
  has the warning that statements given can and
  will be used against you in a court of law
• Roe v. Wade (1973) -- In this highly
  controversial case the Supreme Court laid down
  what states can and cannot control in regards to
  abortions.