Article 3 of the Constitution THE JUDICIAL BRANCH OF GOVERNMENT

 The power to establish courts is a concurrent power – both states and the federal government can establish courts FEDERALISM AND COURTS

 Original jurisdiction – the power to hear a case for the first time  Appellate jurisdiction – the power to hear a case from a lower court or appeal a case TYPES OF JURISDICTION

 Jury Trial (determine facts of the case; guilt or innocence)  Witnesses Testify  Original Jurisdiction  94 District Courts US DISTRICT COURTS

 Criminal and Civil Federal Cases  Mecklenburg County is in the Western District Court of NC  Also includes-  The Court of International Trade  The United States Court of Federal Claims US DISTRICT COURTS CONTINUED…

 President appoints District Court Judges (Senate approves)  Serve for life US DISTRICT COURTS CONTINUED…

 Magistrate-  Issues court orders  Hears preliminary evidence  Decides bail  Hears minor cases  US Attorney- Gov’t lawyers  Marshall-  Makes arrest  Collects fines  Takes convicted people to prison  Protects jurors  Keeps order  Serves legal papers US DISTRICT COURTS CONTINUED…

 Appellate jurisdiction  13 Total  12 Courts of Appeal (Federal Appeals Courts, Circuit Courts) All same  1 Court of Appeals for Federal Circuit with Nationwide Jurisdiction  No jury trial  Panel of 3+ judges  Judges appointed by President, approved by Senate for life US COURT OF APPEALS

 Decide Appeals 3 ways  Uphold the original decision  Revise the decision  Remand the decision (send it back to a lower court to be tried again)  NC is part of the 4 th District US COURT OF APPEALS C0NTINUED…

 Only 1 Supreme Court  Original and Appellate Jurisdiction  Term length is for life  Qualifications– Appointed by the president, Appointment confirmed by the Senate  No jury trial SUPREME COURT

 Total of 9 Supreme Court Justices  Chief Justice– head of the Supreme Court and the federal judicial branch  Associate Justices– 8 justices under the Chief Justice SUPREME COURT CONTINUED…

Cases heard by Supreme Court  Cases that come through appeal  Cases that deal with the Constitution SUPREME COURT CONTINUED…

Powers of Supreme Court  Decide whether laws are constitutional- JUDICIAL REVIEW  Interpret meanings of laws which can change the Constitution  The Court can change the Constitution through its decisions  Uses precedent- previous court cases are used to make decisions on similar cases SUPREME COURT CONTINUED…

Marbury v. Madison (1803)  For the first time in US History, the Supreme Court ruled that a law passed by Congress was unconstitutional.  Supreme Court has the right to overturn previous laws and decisions! WHICH SUPREME COURT DECISION ESTABLISHED THE PRINCIPLE OF JUDICIAL REVIEW?

1.Constitution is the Supreme Law of the Land 2.Constitution always rules in any conflict with another law 3.Judicial Branch must uphold the Constitution, so the Supreme Court can declare a law unconstitutional (Judicial Review) WHICH 3 PRINCIPLES OF JUDICIAL REVIEW WERE SET FORTH IN MARBURY V. MADISON?

 Supreme Court Denies most cases appealed to the Court  To select a case, 4 of 9 justices must agree to hear the case  The Supreme Court decides less than 100 full cases/year  Accepted cases go on the Court docket (calendar) HOW DOES A CASE GET TO THE SUPREME COURT?

SUPREME COURT JUSTICES Chief Justice John Roberts Jr.

1.Acceptance 2.Written Arguments (Briefs that explain one side of the case) 3.Oral Arguments 4.Conference – justices meet in private to consider the case 5.Opinion Writing  Majority (presents the views of the majority on the case)  Dissenting (Justice who opposes the majority ruling) 6. Announcement of the Decision STEPS IN A SUPREME COURT CASE

JOHN G. ROBERTS, JR. Born January 27, 1955 in Long Beach, Indiana Excelled at Harvard and paid his tuition by working at a steel mill during the summers Served in 1981 as a clerk for Supreme Court Justice William Rehnquist Worked as legal counsel for Presidents Reagan & Bush (41) Selected by Bush (43) to the DC Circuit Court of Appeals Current Chief Justice

JOHN MARSHALL Born in Germantown, Virginia in 1755 Joined the Continental Army in 1776 and served as an officer for George Washington No formal education; he attended some law lectures at College of William & Mary In 1782, he won election to the Virginia state legislature Starting in 1799, Marshall progressed from US Congressman to Secretary of State to Chief Justice of the Supreme Court First Chief Justice of Supreme Court Chief Justice ( )

THURGOOD MARSHALL Born July 2, 1908 in Baltimore, Maryland 1933 law degree graduate from Howard University Started his own private law practice in 1933 Famous for arguing the Brown v. Board case from and winning Appointed to the Supreme Court by LBJ in 1967 Served 24 years on the Court until his retirement in 1991 when he was replaced by Clarence Thomas First African American 1st African American

SANDRA DAY O’CONNOR Born March 26, 1930 in El Paso, Texas Undergraduate and Law degrees from Stanford University Served in Arizona as assistant attorney general, state senator, and as a superior court judge Governor of Arizona appointed her to the state court of appeals in 1979 President Reagan appointed her to the Supreme Court in 1981 as the first woman ever to be appointed Known as a swing vote in critical social matters such as abortion 1st Woman