Article III of the Constitution establishes the judicial branch of government with the creation of the Supreme Court. Article III also gives Congress the power to create inferior courts (lower courts)

Federalism Sharing powers between the national government and the state government. We have two court systems: the federal court system and the state court system

Federal Court System

94 Federal District Courts (Trial Courts) 12 Circuit Courts of Appeal (Appellate Court) United States Supreme Court

Court of Common Pleas (Each County has a trial court—67 Counties) Pennsylvania Superior Court Pennsylvania Supreme Court

Judges a. All Federal Judges are appointed for life and can only be removed by impeachment. b. Federal Judges are appointed by the President and approved by the Senate. c. Currently, the Supreme Court is made up of nine Justices. c.Currently, the Supreme Court is made up of 9 Justices.

Current Supreme Court Justices

Chief Justice John G Roberts, Jr Justice Antonin Scalia Justice Anthony M. Kennedy Justice Clarence Thomas

Justice Ruth Bader Ginsburg Justice Stephen G. Breyer Justice Samuel A Alito, Jr Justice Sonia Sotomayor Justice Elena Kagan

Understanding Jurisdiction Jurisdiction means the power or authority over a person, a place, or an issue. For a court, it means that that court has the power to decide the case in front of it.

C. Jurisdiction of the Federal Courts; the Federal Courts have power to hear the following types of cases: 1. All cases involving the Constitution 2. All cases involving the laws of the United States 3. All cases involving Treaties made by the United States 4. All cases affecting Ambassadors 5. All cases of Admiralty or maritime jurisdiction 6. All cases in which the United States is a party 7. All cases between two or more states. 8. All cases between citizens of different states 9. All cases between citizens of the same state claiming the same land given to them by different states.

D In cases affecting Ambassadors or in cases where a State is a party, the United States Supreme Court has original jurisdiction. 1. Original Jurisdiction means that the Court will have a trial. 2. In all other cases the United States Supreme Court has appellate jurisdiction. Appellate Jurisdiction means that the Court only looks to see if there were mistakes at the trial and if the ruling should stand.

How does a case get to the United States Supreme Court? 1. Appeals are made from any of the United States Circuit Courts or from the highest court of any state. 2. The United States Supreme Court does not have to take every case. When a case comes to The United Sates Supreme Court, the 9 Justices vote. If 4 of the Justices vote to hear the case then it is heard. This is known as the Rule of Four. 3. This is called granting a Writ of Certiorari. It is a Latin term meaning basically “send the case to the higher court so it can be searched” 4. Approximately 7, 000 to 8,000 cases are appealed each year to the United States Supreme Court. However, the court only takes about 100 to 150 cases each year.

F. What do Federal Courts do? 1. Interpret the law 2. Judicial Review: a. State laws or actions: Article VI of the Constitution gives the federal courts the right to review state laws or actions to determine if they violate the Constitution. b. Federal laws or actions The Constitution does not explicitly say that the federal courts get to review federal laws or actions of Congress or the President to determine if they are constitutional. This was determined in Marbury v. Madison

3. Marbury v. Madison a. The facts: Marbury was appointed a Justice of the Peace for Washington DC by John Adams right before he left office. This was an attempt by Adams to fill all vacant judgeships with Federalists before the Democrat-Republican Jefferson took office. The federal law required the Secretary of State to deliver the appointment. In the closing days of Adams administration Marbury appointment was never delivered by the Secretary of State. Jefferson took office and ordered his Secretary of State (James Madison) not to deliver the appointment. Marbury sued Madison in the United States Supreme Court to force Madison to deliver the appointment. The 1789 Judiciary Act passed by Congress allowed this ORIGINAL suit in the Supreme Court.

The 1789 Judiciary Act expanded the ORIGINAL jurisdiction of the United States Supreme Court. b.The Result: The United States Supreme Court said that although Marbury had a right to the job, it could do nothing about it because that part of the 1789 Judiciary Act that gave the United States Supreme Court ORIGINAL jurisdiction was unconstitutional. The Constitution gives ORIGINAL jurisdiction only in cases about Ambassadors and where States are parties to the lawsuit. c.In doing so, The United States Supreme Court said that it had power to decide if a law passed by Congress was unconstitutional even though the Constitution does not give it that power.

G.How do Courts interpret the United States Constitution? It basically comes down to two choices. 1. Strict Interpretation: This method looks to the meaning of the words as of 1787 and the intention of the Framers. a. Problems: 1. There is disagreement over the meaning of words. 2. Even the Framers had different opinions 3. Society and technology have changed 2. Liberal interpretation: The Constitution should be read as a living document based on our fundamental values as Americans a. Problems: 1. Gives Judges too much power 2. Inconsistent decisions