Unit 7: The Judicial Branch

The Supreme Court/Judicial Branch INTERPRETS the laws

“The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

-Article III, Section 1

“It is emphatically the province and duty of the judicial department to say what the law is…if two laws conflict with each other the courts must decide on the operation of each.”

-Chief Justice John Marshall (1803)

A Dual Court System Federal and State CourtsThe national government has about 100 courts

around the countryEach state has its own system of courts – thousands

across the country. -Most cases are heard in these courtsOf the Federal Courts – there are two kinds:

1. The Supreme Court2. Inferior Courts

a. Constitutional (94 District Courts, 12 Courts of Appeals…)

b. Special Courts (Territorial Courts, DC, Veteran’s Claims, Armed Forces…

Inferior courts hear both civil and criminal cases; about 300,000 per year!

Jurisdiction:Jurisdiction– authority to hear (try and decide) a

case. Constitutional Courts hear most of the cases tried

in a federal court. 4 kinds of jurisdiction

Exclusive – cases that can ONLY be heard in a federal court (Ambassadors, patent or copy right case)

Concurrent - case that can be tried in a state OR federal court (disputes involving citizens from different states) Fed case ONLY if the amount is more that $75,000 and

there is diversity of citizenship; however defendant can move case to a Fed. Court.

Jurisdiction Continued: Original – A court in which the case is first heldAppellate – hears a case on appeal – the higher

court can uphold/overrule/modify a lower court decision

Appointment of Justices Who can be a Supreme Court Justice?

THE PRESIDENT….“Shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court…”

-Article II, Section II, Clause 2

Terms of Justices“The Judges, both of the supreme and inferior

Courts, shall hold their Offices during good behavior…” (Article III, Section 1)

For life, until they reture, resign, or dieCan only be removed through impeachment

The is a Chief Justice & 8 associate justices

The Supreme Court and Diversity

GenderMost justices have been maleSandra Day O’Conner was 1st female on court

in 1981 (until 2006)Out of 112 Justices – 108 have been menCurrently we have 3 women sitting on the

Supreme Court.

RaceAll Supreme Court Justices were White of

European heritage until the appointment of Thurgood Marshall, the first African American in 1967 (by LBJ)

Only one other African American has been appointed…Clarence Thomas

Sonia Sotomayor – 1st person of Latin American descent.

ReligionMost judges have been Protestant (91/112)12 Catholic8 JewishOne was unknown

Judicial ReviewThe Case of Marbury v. Madison

The people involvedElection of 1800, Jefferson beat Adams

(remembered they tied 36 times first).Before Adams left office, he made a lot of

appointments; his Sec. of State (John Marshall) was supposed to deliver them all but didn’t have time.

Marbury (who was supposed to get an appointment) didn’t get his ‘commission’ and sued Madison (the new Sec. of State) for not delivering it (Pres. Jefferson told him not to).

Marbury took his case to the Supreme Court…was presided over by John Marshall the newly appointed Chief Justice!

AssignmentAfter reading the first three pages as a class,

answer question #2.THEN, read pages 4-6 and answer questions

1 and 3.It is DUE TOMORROW at the beginning of

class

Which Cases go to the Supreme Court?