“Interpreting” the law Judicial Branch “It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other; the courts must decide on the operation of each” “Interpreting” the law

Does the structure of the federal court system allow it to administer justice fairly? Essential Question

Types of Federal Courts Inferior Courts = lower federal courts beneath the Supreme Court

Jurisdiction The authority of a court to hear (to try and decide) a case Federal courts hear cases for two reasons: Subject Matter Application of the U.S. Constitution Parties Involved State v. State Citizen v. State

Types of Jurisdiction Exclusive Jurisdiction Those cases that can only be heard in the federal courts Concurrent Jurisdiction States and Federal Courts share power to hear cases Original Jurisdiction A court in which a case is first heard Appellate Jurisdiction A court that hears a case on appeal from a lower court

Federal Court Circuits and Districts

Power is split between the Federal government and state governments. Define Federalism Power is split between the Federal government and state governments. Applying federalism to court jurisdiction All cases not heard by Federal Courts are in the jurisdiction of State Courts…

‘Dual Court System’ Supreme Court State Courts Inferior (lower) Federal Courts Lowest Level Example: Bucks County Courthouse Appeals Example: PA Court of Appeals State Supreme Court Example: PA Supreme Court

What does the word “Supreme” mean? Highest rank and authority; ultimate, final Why do you think it might be important to have a “Supreme” Court?

Supreme Court Justices Chief Justice and eight associate judges Nominated and appointed by President, with Senate approval. Concepts of judicial activism and judicial restrain affect the judicial selection process Supreme Court Justices President nominates and appoints with approval of Congress Concepts of judicial activism and judicial restraint affect the judicial selection process

Appointed for a life term …rationale? Maintain their neutrality Protect the rights of people to express unpopular views Promote consistent interpretations of laws

Supreme Court Justices Supreme Court Justices can retire: At age 70 Must have served 10 years to receive full salary for life At age 65 Must have served 15 years to receive full salary for life Current (2009) salary for the Chief Justice is $217,400 per year, while the Associate Justices each make $208,100 $217,400 per year Chief Justice Associate Justices $208,100

Supreme Court Justices Vary in their political and legal philosophies... Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values. Judicial Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent Judicial Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent Judicial Activism Loosely interpret the Constitution Argue law should be interpreted and applied in the light of ongoing changes in conditions and values Results in the expansion of judicial powers

Recap How a Judge Decides… FACTS OF THE CASE PRECEDENT RELEVANT CONSTITUTION TEXT OF THE Philosophy JUDICIAL

Original jurisdiction exists when: Supreme Court Both original and appellate jurisdiction Most cases come on appeal from the lower courts. Marbury v. Madison Supreme court case that established power of judicial review Original jurisdiction exists when: There are controversies involved 2+ states The case involves ambassadors or other public ministers

They have the POWER to declare acts and laws unconstitutional Judicial Review Supreme Court has the power to decide the constitutionality of: State and federal legislation Actions of chief executives Decisions of other courts In other words, the Supreme Court has the final authority on the meaning of the Constitution They have the POWER to declare acts and laws unconstitutional

How a Case Reaches the Supreme Court *Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.