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.

• 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

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.

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, David Hackett Souder, Clarence Thomas, Ruth Bader Ginsberg, Stephen Breyer, Samuel Alito

• 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

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

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

United States Court System

• State Court– Highest state court– Hears appeals of

Appellate Court

• Appellate Court– Hears appeals of Trial

Court

• Trial Court– Hears civil and

criminal cases– Juries render verdict

based on evidence– Judges enforce rules

of procedure

• Supreme Court• Court of Appeals

– Hears appeals of cases originating in United States District Court

– Can review decisions by federal administrative agencies

• District Court– Federal trial court– Handles criminal and

civil cases– Juries render verdicts

and judges enforce rules of procedure

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

• Plessy v. Ferguson (1896) -- This famous case laid the groundwork for the "separate but equal doctrine" that limited the rights of minorities for decades.

• 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.

• 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 a 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.

Recent Notable Decisions