1. The Supreme Court and Lower Courts Chapter 3 Section3

2.  In Article III the framers of the Constitution established a federal judiciary (court system) as the third branch of government.  Article III gives certain powers to the Supreme Court but leaves Congress the responsibility of organizing the lower courts.  The Supreme Court is the only court in the federal system that has both an original jurisdiction and appellate jurisdiction.

3. Jurisdiction of the Supreme Court  In a small number of cases, the Supreme Court is authorized by the Constitution to act as a trial court (a court with original jurisdiction).  Another example that the Supreme Court has the authority to do is to review cases appealed to it from the lower courts.  Congress has the power to determine the number of justices who shall sit on the Supreme Court.  There are six justices on the first Supreme Court.  There are nine justices are on the Supreme Court today. (One chief justice and eight associate justices)

4.  A judge who does not agree with the majority may write a dissenting opinion.  There is not a fixed limit on a judge’s term of office in the Supreme Court.  In effect, a federal judge may be in office for life or until she or he voluntarily retires.

6. Organization of the Federal Courts  In 1789 Congress passed the Federal Judiciary Act, which organized the Federal court system.  Three circuit courts (or appeal courts) were created with the power to review the district courts’ decisions.  Most trials for cases involving federal laws are held in the district courts.  In the appeal process a lawyer who believes that a trial has been unfair may appeal the district court’s decision in circuit court.

7. Landmark Decisions of John Marshall  John Marshall served as chief justice of the United States from 1801 to 1835.  He was remarkably successful in establishing the Supreme Court as an independent and influential force in the federal government.  Three of Marshall’s most important decisions are summarized here with Marbury vs. Madison (1803), McCulloch vs. Maryland (1819), and Gibbons vs. Ogden (1824).

8. Marbury vs. Madison  Just before leaving office, President John Adams appointed William Marbury as a federal court judge.  Thomas Jefferson, the next president, ordered his secretary of state, James Madison, not to carry out the appointment.  Marbury appealed to the Supreme Court, arguing that a 1789 law granted the Supreme Court the power to force Madison to give Marbury is appointment.  But Chief Justice Marshall, writing the majority opinion of the highest court, argued that the 1789 law of Congress applying to Marbury’s case was not authorized by the Constitution.  Thus, the law was unconstitutional (null in void)  The Supreme Court’s decision in this case established the principle of Judicial Review.

9. Impact of Marshall’s Decisions  Taken as a whole, the many cases decided by Chief Justice Marshall increased power of the national government in relation to that of the states.  Also by repeated application of judicial review, Marshall greatly expanded the power and influence of the Supreme Court.

10.  Thirty seven of the present 50 states were admitted to the Union after the Constitution was written in 1787.  The process for a territory to become a state is first, a territory formally applies to Congress for statehood.  The territory must submit a proposed state constitution that has been approved by the people of the territory. By majority vote, Congress may either accept or reject a territory’s application for statehood.  Alaska and Hawaii were the last two territories to apply for admission to become states.

11.  New York State’s government has a legislative branch.  There are two houses in New York State government.  The larger of the two houses is the assembly and the smaller is the senate.  Gerrymandering- Politicians belonging to the majority party in the legislature draw district lines that favor their party.  New York State’s chief executive is the governor.  The state budget is the taxing and spending plan.  National Guard- A military force consisting of civilian volunteers.  Pardon- Forgiveness of a crime.  Reprieve- Postponement of a punishment.  The lower court in New York State is called the New York State Supreme Court.  The higher court In New York State is called the New York State Court of Appeals.

12. The three main functions of the state courts  1) Hear criminal cases involving violations of state laws.  2) Settle legal disputes between citizens.  3) resolve cases involving the interpretation of the state constitution.  Judicial Process- Before a criminal case goes to trial, a group of citizens called a grand jury decides whether there is enough evidence to indict, or accuse, a person of committing a crime. If indicted that person stands trial in a state court. If found guilty by the petit jury (smaller court) convicted person may appeal the case to a state appeals court. If the case involves a federal issue or an interpretation of the constitution, a final appeal may be made to the Supreme Court.