1. The Judicial Branch
Lesson Objective: To understand the powers and responsibilities of the Judicial Branch
Essential Question:
What is the role of the Supreme Court in U.S. Government?

2. Key Terms Judiciary Act of 1789 Marbury v. Madison Judicial Review
Original Jurisdiction
Appellate Jurisdiction
District Courts
Supreme Court
Chief Justice
Judicial Restraint
Judicial Activism
Precedent

3. Section 1- Judicial powers. Tenure. Compensation.
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. The judges, both of the supreme and inferior courts, shall hold
their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not
be diminished during their continuance in office.

4. Section 2 - Judicial power; to what cases it extends
Section 2 - Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where
1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the
United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other
public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United
States shall be a party; to controversies between two or more states, between a state and Citizens of another state,
between Citizens of different states, between Citizens of the same state, claiming lands under grants of different states,
and between a state, or the Citizens thereof, and foreign states, Citizens or subjects. (This section modified by
Amendment XI)
2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party,
the supreme court shall have original jurisdiction. In all the other cases before-mentioned, the supreme court shall have
appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall
make.
3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state
where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such
place or places as the Congress may by law have directed.

5. Section 3 - Treason defined. Proof of. Punishment of.
1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies,
giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the
same overt act, or on confession in open court.
2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall
work corruption of blood, or forfeiture, except during the life of the person attainted.

6. What is the job of the Supreme Court as described in Article III?
Is there any indication in this section that the Supreme Court has the “right” or “responsibility” to determine whether laws are constitutional – meaning whether they violate or go against what is written in the Constitution?
Is there any reference to the term “judicial review” in the Constitution?
Does Article III establish the limits of the Court’s powers?

7. Marbury v. Madison
On his last day in office John Adams appoints the midnight judges
Thomas Jefferson refuses to deliver the appointments the next day after becoming president
One of the appointees Marbury sues Secretary of State, James Madison for his appointment
Supreme Court Justice John Marshall rules that the law is unconstitutional- Marbury does not get his judgeship- because the law is unconstitutional

8. The American Legal System
State Courts
Federal Courts
Three tiers
Trial Courts- hear cases first have original jurisdiction
Appellate Courts- decide questions of law
Supreme Court & other high courts
Supreme court has both original and appellate
6% of cases are original in Supreme Court
Jurisdiction- right to hear the case
District Courts
Lowest federal courts
Have original jurisdiction – 94 districts at least 1 in each state
Involve federal government as a party
Constitutional question
Civil suite where parties are form different states

9. Federal Court System District Courts Courts of Appeal
Lowest federal courts
Have original jurisdiction – 94 districts at least 1 in each state
Involve federal government as a party
Constitutional question
Civil suite where parties are form different states
Courts of Appeal
11 circuit courts + DC court of appeals
Only hear cases that are appeals- NO NEW TESTIMONY
Binding only in their district- do not have national precedent
The Supreme Court
9 Judges
President nominates the Chief Justice
Only deals with cases with national consequences

12. Appointments to the Supreme Court
Justices are picked for the following reasons:
Competence
Ideological or Policy Preference
Rewards
Pursuit of Political Support
Religion
Race and Gender
Confirmation Process
Investigation
Lobbying by Interest Groups
Full Senate votes on Confirmation

13. Deciding a Case Deciding to hear a case
-About 9,000 cases reach Supreme Court a year
term heard 90 cases
Writ of certiorari – review of appellate court case
In forma pauperis- comes from criminal law
Almost all are writ of cert.
Conference Vote
Non-binding vote to see where the justices think they will vote
Opinions
Majority opinion- court’s ruling; becomes law
Concurring Opinion- agrees with ruling but not reasoning
Plurality- winning side but not majority- accompanied by concurring opinions
Dissenting Opinion- losing side of the arguement

14. How They Vote Legal Factors Extra-legal Factors Judicial Philosophy
Restraint vs. Activism
Precedent
Built on prior cases
Extra-legal Factors
Personal Experience
Ideology
Strategic Voting
Public Opinion