1. The Judicial Branch

2. Origins of the Supreme Court Constitutional Origin. Article III, §1, of the Constitution provides that [t]he judi-cial 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. created by authority of the Judiciary Act of September 24, 1789. Jurisdiction: Cases with ambassadors or other public ministers Between two states United States Laws and treaties

3. Members of the Supreme Court Chief Justice of the United States WILLIAM H. REHNQUIST Associate Justices JOHN PAUL STEVENS SANDRA DAY OCONNOR ANTONIN SCALIA ANTHONY M. KENNEDY DAVID H. SOUTER CLARENCE THOMAS RUTH BADER GINSBURG STEPHEN G. BREYER

4. Overview of the Judicial Branch 1. Function: Interpret Laws 2. Structure a. District Court – Starting point of most cases b. Appellate Court – 3 Justice panel – appeals only c. Supreme Court – Original and Appellate Jurisdiction – Highest Court in the Land 3. Method of Selection Presidential Appointment with approval from Senate 4. Term of office – Life (or Retirement)

5. Judicial Review Duty to interpret laws and uphold the constitution John Marshall established Judicial Review (ability to deem laws unconstitutional) with Marbury v. Madison McCulloch v. Maryland (1819, Marshall). The Court ruled that states cannot tax the federal government, i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the constitutionality of the Bank of the United States.