The Judicial Branch
Target: I can explain the 2 types of federal courts, how judges are selected, and what their power entails.
The Federal Court System
Under the Articles of Confederation, the state courts decided infractions
The Federal Court System
Under the Articles of Confederation, the state courts decided infractions– Problems:
The Federal Court System
Under the Articles of Confederation, the state courts decided infractions– Problems:
• States did not have same laws
The Federal Court System
Under the Articles of Confederation, the state courts decided infractions– Problems:
• States did not have same laws
• Didn’t accept the decision of other courts
The Federal Court System
The New Constitution created two federal court structures
The Federal Court System
The New Constitution created two federal court structures– Supreme Court
The Federal Court System
The New Constitution created two federal court structures– Supreme Court– Lower Federal Courts (under the power of
Congress)
Federal Courts (2 Types)
Constitutional Courts exercise the “judicial power of the US”
Federal Courts (2 types)
Constitutional Courts exercise the “judicial power of the US”– Supreme Court, Court of Appeals, The District
Courts, Court of International Trade
Federal Courts (2 types)
Special Courts hear cases that arise out of expressed Congressional Powers
Federal Courts (2 types)
Special Courts hear cases that arise out of expressed Congressional Powers– Tax Courts, Appeals for Military Courts,
Veterans Appeals
Jurisdiction in Federal Courts
Federal Courts have jurisdiction because
Jurisdiction in Federal Courts
Federal Courts have jurisdiction because– The subject matter
Jurisdiction in Federal Courts
Federal Courts have jurisdiction because– The subject matter or the parties involved
• Application of constitution
• Matters that arise at sea
• US office or agency
• Ambassador, consul, representative of foreign gov’t
• State suing state, citizen of different state, suing foreign gov’t
Appointment of Judges
President nominates Supreme Court Justices, approved by the Senate
Appointment of Judges
President nominates Supreme Court Justices, approved by the Senate
President selects federal court judges with Senate approval
Appointment of Judges
President nominates Supreme Court Justices, approved by the Senate
President selects federal court judges with Senate approval– Usually selects people of same political view
point
Appointment of Judges
Judges in Constitutional courts are appointed for life (can be removed through impeachment, 13x)
Appointment of Judges
Judges in Constitutional courts are appointed for life (can be removed through impeachment, 13x)
Special Court Judges are appointed to extended terms 10-15 years
Quick Facts about the Supreme Court
There are 9 justices on the Supreme Court They serve for life!
– Why?
The “Chief Justice” serves as the head In a decision, (5-4), the majority side writes
the “opinion of the court” and the minority side writes the “dissenting opinion.”– Why are these important?
Marbury v Madison
Established the right of the Supreme Court to declare an act of Congress as unconstitutional– This is known as the power of “judicial review”– A further example of checks and balances