THE JUDICIAL BRANCH The Federal Court System established in Article III established in Article III

The Federal Court system is established in the Constitution The jurisdiction, or authority to hear and decide a case, is also established

The Federal Courts have jurisdiction over the following areas The Constitution federal laws law of the high seas disputes involving the U.S. Government disputes between states, or between citizens of different states disputes involving foreign governments

Jurisdiction continued Exclusive jurisdiction: cases that can only be heard in federal courts Concurrent jurisdiction: Shared power to hear a case: common law, cases of equity

THE LOWER FEDERAL COURTS District Courts Courts of Appeals

District Courts federal courts where lawsuits are begun at least 1 per state district courts handle most of the Federal Court System's work (90%) district courts have original jurisdiction: the authority to hear cases the first time

Courts of Appeals these courts only hear cases that are appealed from lower courts appellate jurisdiction

Additional courts Military courts Territorial courts US Tax Court Claims courts

THE U.S. SUPREME COURT the highest court in the land

original jurisdiction The Supreme Court rarely has original jurisdiction - almost all of the cases that come to the Supreme Court are from appeals

The Justices 9 Justices, including a Chief Justice appointed by the President, they hold their terms until they die, resign, or are impeached very powerful, very prestigious

William H. Rehnquist Chief Justice William H. Rehnquist Born: 10/1/24 B.A., M.A., LL.B. Stanford M.A. Harvard University Appointed by Nixon in1972 Appointed Chief Justice by President Reagan in 1986 CONSERVATIVE

John Paul Stevens Born: 4/20/20 A.B. University of Chicago J.D. Northwestern University School of Law Judge, United States Court of Appeals for the 7th Circuit: Appointed by Ford in 1975 LIBERAL

Sandra Day O’Connor Born: 3/26/30 B.A., LL.B. Stanford Appointed by Reagan in 1981 MODERATE

Antonin Scalia Born: 3/11/36 A.B. Georgetown Univ. of Fribourg, Switzerland LL.B. Harvard Judge, United States Court of Appeals for the D. C CONSERVATIVE

Anthony M. Kennedy Born: 7/23/36 B.A. Stanford University, London School of Econ. LL.B. Harvard Judge, United States Court of Appeals for the 9th Circuit, Appointed by Reagan in 1988 MODERATE

David Hackett Souter Born 9/17/39 A.B. Harvard College, Oxford University M.A. Oxford University LL.B. Harvard Judge, U S Court of Appeals for the 1st Circuit, Appointed by Bush (sr.) in 1990 LIBERAL

Clarence Thomas Born 6/23/48 A.B. Holy Cross J.D. Yale Law School Judge, United States Court of Appeals for the D. C. Circuit, Appointed by Bush (sr.) in 1991 CONSERVATIVE

Ruth Bader Ginsburg Born: 3/15/33 B.A. Cornell University LL.B. Columbia Judge, U S Court of Appeals for the D. C. Circuit, Appointed by Clinton in 1993 LIBERAL

Stephen G. Breyer Born: 8/15/38 A.B. Stanford B.A. Magdalen College, Oxford LL.B. Harvard Judge, U S Court of Appeals for the 1st Circuit, Chief Judge, Appointed by Clinton in 1994 LIBERAL

judicial review The Supreme Court has the power of judicial review this allows the Court to review any law and decide if it is unconstitutional

Marbury V. Madison President Adams appointed Wm. Marbury as justice of the peace. John Marshal (sec. of state) failed to deliver the commission to Congress New President (Jefferson) orders Madison not to deliver commission

Marbury asks Supreme Court to issue Writ of Mandamus (a court order that a specific action be performed) Judiciary Act of 1789 The Court Ruled: that the relevant section of the Judiciary Act of 1789 is unconstitutional Paragraph 13 of the Judiciary Act of 1789 expands the original jurisdiction of the Supreme Court beyond the original grant found in Article III Sec. 2 and is unconstitutional. Establishes the power of the Supreme Court to rule acts of Congress unconstitutional (Judical Review)

final authority The Supreme Court is the final authority on the Constitution and the laws of the United States.

How can a Supreme Court decision be overturned? A new decision by the Court A constitutional amendment