1. Judicial branch

2. Article III, Constitution
Gives Congress the discretion to determine the shape and structure of the federal judiciary.
The number of Supreme Court Justices is left to Congress
There are nine justices on the Supreme Court
Need 5 to ensure a victory for a case
One Chief Justice and Eight Associate Justices
Establish courts inferior to the Supreme court
District Courts, which try most federal cases
13 United States courts of appeals, review appealed district court cases

3. The National Judiciary
Congress has created two distinct types of federal courts.
Constitutional Courts
Special Courts
Deal with matters involving the “judicial power of the United States.
Deal with cases related the powers of Congress
Ex: Tax Court

4. Federal Judges
Appointed by the President
Confirmed by the Senate

5. Insulates them from the temporary passions of the public
Federal Judges
Federal judges can only be removed through:
Impeachment by the House of Representatives & Conviction in the Senate
Serve no fixed term – until death, retirement, or conviction by the Senate
Insulates them from the temporary passions of the public
Allows them to apply the law with justice in mind, no electoral or political concerns

6. The Supreme Court
Power of judicial review as established in Marbury v. Madison (1803)
Has both original and appellate jurisdiction
How a case reaches the Supreme Court
*by writ of certiorari – the SC orders a lower court to send it a case’s record
*by certificate – a lower court asks the SC to certify a matter’s answer
*by origination – if a state or a diplomat is involved

7. How the Supreme Court rules on a case
*both sides send in briefs
*both sides present oral arguments
*justices vote and write a majority opinion

9. Original Jurisdiction Appellate Jurisdiction
When a court has the power to hear a case for the first time
When a court hears a case on appeal from a lower court

10. Jurisdiction
A dispute between two or more U.S. states grants the Supreme Court original jurisdiction, an authority that cannot be taken away by Congress
Granted in the Constitution

11. Federal Courts
Sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases
Compel the production of evidence and testimony through a subpoena
Once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case

13. John G. Roberts, Jr. Chief Justice of the U.S. Supreme Court

14. Caseload Appellate in nature
The decisions cannot be appealed to any authority

15. Grant of Certiorari Accept legal briefs from the parties to the case
Usually hears oral arguments
Hold private conferences, make their decision, and months later issue the Court’s opinion, along with any dissenting arguments

16. The Judicial Process
Article III states that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers
Fourth, Fifth, and Sixth amendments provide additional protections

17. A guarantee that no person shall be deprived of life, liberty, or property without the due process of law
Protection against being tried for the same crime twice “double jeopardy”
The right to a speedy trial by an impartial jury
The right to cross-examine witnesses, and to call witnesses to support their case
The right to legal representation
The right to avoid self-incrimination
Protection from excessive bail, excessive fines, and cruel and unusual punishments

18. McCulloch v. Maryland Important case for expanding federal power
National Bank: Allowed?
Control Revenue – power the of purse (Congress)
Necessary and Proper Clause

19. U.S. v. Nixon
Executive Privilege to withhold tapes unconstitutional

20. Miranda v. Arizona More rights to accused
Those arrested MUST be informed of constitutional rights:

21. Engel v. Vitale New York public school district
Requiring students to recite prayer (written by the NYS Board of Regents) is unconstitutional
Think: Pledge of Allegiance