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, Clarence Thomas, Ruth Bader Ginsberg, Stephen Breyer, Samuel Alito, Sonia Sotomayer 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

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.McCulloch v. Maryland (1819) Dred Scott v. Sanford (1857) -- Slaves were classified as property. This case fueled the flames that began the Civil WarDred Scott v. Sanford (1857)

Schenck v. United States (1919) -- "Clear and Present Danger" was established in this case as an acceptable reason for the limiting of free expression.Schenck v. United States (1919) Powell v. Alabama (1932) -- The Supreme Court ruled here that the right to counsel was required by law in death penalty trials.Powell v. Alabama (1932) Brown v. Board of Education of Topeka (1954) -- A tremendous step in the direction of equal rights for all citizens. Separate but equal is no longer legal.Brown v. Board of Education of Topeka (1954)

NAACP v. Alabama (1958) -- Freedom of association (the right to assemble in groups) was protected here.NAACP v. Alabama (1958) Miranda v. Arizona (1966)- that a person accused has the warning that statements given can and 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.Roe v. Wade (1973)