Lower Courts, Supreme Court

 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

 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.

 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

 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

 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