Article III The Judicial Branch.

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Presentation transcript:

Article III The Judicial Branch

Judicial Power Power to interpret the law/ say what the law means Vested in a Supreme Court & other federal courts created by Congress Federal judges keep their jobs for life during good behavior Salaries of federal judges cannot be changed while they are in office

Jurisdiction of Federal Courts Constitutional issues Federal laws Treaties Ambassadors & diplomats Navy or laws of the sea Land grants from other states States vs. citizens of other states Citizens of different states Foreign citizens U.S. government a party States suing states

Treason Fighting a war against the U.S. or offering aid or comfort to its enemies Conviction only possible if suspect confesses in open court or two witnesses testify to the same treasonous act Treason cannot work “corruption of blood” (punish- ment cannot continue against his children)

Supreme Court Highest Court in the U.S. Final authority on what the Constitution means Original jurisdiction (first court to hear case) only in cases of ambassadors or if a state is a party 9 total members (originally 6) Can choose which appeals they want to hear If they do not choose an appeal, the decision of the lower court stands

Lower Federal Courts

Circuit Courts of Appeals

Judicial Review Power to decide if a law violates the Constitution Includes state laws (14th Amendment) For example: suppose Arizona passed a law that required all school children to begin the day with a prayer. If someone sued the state, federal courts would rule that the law violated the First Amendment and was therefore null & void (no longer in effect)

Marbury v. Madison Judiciary Act of 1789 gave Supreme Court a power not in the Constitution Court declared that part of the law unconstitutional President & Congress went along with that decision