Interpretation of laws Judicial Branch Interpretation of laws

District Courts Lowest level of the federal court system. This is where most lawsuits begin. Original jurisdiction: Authority to hear cases for the first time. Only courts with jury trials. Each state has at least one district court. 90% of all court cases are in district courts.

Court Officials Judges: Decide procedure and punishment. Appointed by the president and approved by the Senate. They earn $162,100. No political pressure because they can not be removed without reason. Magistrate: Issue court orders and take care of pre-trial matters. Appointed for eight years by federal judges. They earn $149,132. US Attorney: Prove that a suspect is guilty. Marshal: Arrest suspects, brings defendants to court, and serves subpoenas. Subpoena: Order requiring a person to appear in court.

Court of Appeals Appellate jurisdiction: Hear only cases that have been appealed from district courts. Circuit: Geographic area an appeals court has jurisdiction in. There are twelve judicial circuits.

Circuit court judges Each appeals court has from 6-27 judges. They earn $171,800 a year. A panel of at least three judges will hear each case. The court may: 1. Uphold the earlier ruling. 2. Overturn the decision. 3. Remand the case to a lower court for a new ruling. Some cases will be appealed to the Supreme Court.

Supreme Court Original jurisdiction involving diplomats from foreign countries or when more than one state is involved. Appellate jurisdiction on everything else. Normally hear cases that involve constitutional questions or are of public interest. Decisions can not be appealed.

Supreme Court Justices There are nine justices (1 chief and 8 associate). Associate justices receive $199,200 and the Chief justice receives $208,100. 1967, Thurgood Marshall became the first African-American justice. 1981, Sandra Day O’Connor became the first female justice.

The Supreme Court Justices The Justices are (front row from left) Clarence Thomas, Antonin Scalia, John G. Roberts (Chief Justice), Anthony Kennedy, Ruth Bader Ginsburg; (back row from left) Sonia Sotomayor, Stephen Breyer, Sameul Alito and Elena Kagan.

Chief Justice John Roberts Appointed by George W. Bush Senate Confirmation: 78-22 September 29, 2005– present DOB: January 27, 1955

Justice Anthony Kennedy Appointed by Ronald Reagan Senate Confirmation: 97-0 February 18, 1988– present DOB: July 23, 1936

Justice Clarence Thomas Appointed by George H. W. Bush Senate Confirmation: 52-48 October 23, 1991– present DOB: June 23, 1948

Justice Ruth Bader Ginsberg Appointed by Bill Clinton Senate Confirmation: 96-3 August 10, 1993– present DOB: March 15, 1933

Justice Steven Breyer Appointed by Bill Clinton Senate Confirmation: 87-9 August 3, 1994– present DOB: August 15, 1938

Justice Samuel Alito Appointed by George W. Bush Senate Confirmation: 58-42 January 31, 2006– present DOB: April 1, 1950

Justice Sonia Sotomayor Appointed by Barack Obama Senate Confirmation: 68-31 August 8, 2009– present DOB: June 25, 1954

Justice Elena Kagan Appointed by Barack Obama Senate Confirmation: 63-37 August 7, 2010- Present DOB: April 28, 1960

Justice Neil Gorsuch Appointed by Donald Trump Senate Confirmation: 54-45 April 7, 2017- Present DOB: August 29, 1967

Supreme Court Schedule First two weeks of the month, they hear arguments, discuss cases, and vote. They have a two week recess where they decide what cases to hear and write opinions on other cases. They read briefs, arguments written by attorneys. Four out of nine justices must want to hear a case. It is then placed on the docket, calendar. The case must have two adversaries, opposing sides.

Cases in the Supreme Court Almost all cases reach the Supreme Court on appeal. Writ of Certiorari: Directs a lower court to send records for review. Lower courts sometimes ask the Supreme Court to make a ruling.

Decisions and Opinions Must have a majority vote to decide. (At least 6 judges must vote). If there is a tie, the lower court ruling is upheld. Majority opinion: Written by a justice that voted with the majority. Dissenting opinion: Written by those who oppose the majority. Concurring opinion: Written by a justice that agrees with the majority but may have different reasons.

Marbury vs. Madison Midnight judges: John Adams appointed several judges on his last night as President. James Madison became Jefferson’s Secretary of State and was instructed to withhold the commissions. William Marbury took the case to the Supreme Court as a provision of the Judiciary Act of 1789.

Marbury vs. Madison principles 1. Constitution is the Supreme law of the land. 2. In cases of conflict between the constitution and any other document, the constitution must be followed. 3. Judicial branch must uphold the constitution and nullify all unconstitutional laws. This case established judicial review.