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The Judicial Branch Hey we are at the half way point!!!!!

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Presentation on theme: "The Judicial Branch Hey we are at the half way point!!!!!"— Presentation transcript:

1 The Judicial Branch Hey we are at the half way point!!!!!

2 List TWO things you learned about the Judicial Branch

3 The Federal Court System Powers located in Article III of the Constitution Power to review & interpret laws Have the final say on what is law Read the following -“Laws are a dead letter without courts to expound and define their true meaning and operation.” A. Hamilton

4 Dual Court System Keep in mind there are Federal Courts and State courts = Dual Court System Which basic principle is this an example of? Federalism : ) State courts hear the majority of cases in the country, not federal courts.

5 Federal Courts Two Kinds of Federal Courts 1. One Supreme Court – Established by the Constitution and cannot be abolished 2. Inferior Courts---these are lower federal courts created by Congress –Congress has created TWO subcategories of Inferior Courts A. Constitutional Courts B. Special Courts We will discuss the Inferior Courts first:.

6 Inferior Courts 1. Constitutional Courts Hear the majority of Federal Cases 94 District Federal Courts 12 U.S. Courts of Appeal 1 U.S. Court of International Trade 1 Appeals for the Federal Circuit cases must match criteria for federal crimes – otherwise they go to State courts!

7 Inferior Courts Con’t 2. Special Courts These courts are created for Specific cases only! U.S. Court of Federal Claims Territorial Courts (Guam, PR) Court of the District of Columbia U.S. Tax court U.S. Appeals for Armed Forces U.S. Appeals for Veterans Claims

8 The Federal Court System

9 How do we know which cases Federal Courts can hear? Jurisdiction = the authority of a court to hear, to try, to decide a case. Power to “say the law” Constitution states federal courts may hear cases because of the following This is known as Exclusive Jurisdiction 1. Subject Matter – case that deals with Interpretation of the Constitution of in any federal statute or treaty Treason or Terrorism Maritime (sea) or Air 2. Parties involved- people involved -US gov’t or agencies -ambassador or other official representation -one state suing another state, person, foreign gov’t -Citizen suing a state, foreign nation

10 Types of Jurisdiction Original – where the case is heard first Appellate –when a court hears a case on an appeal from a lower court – meaning it’s already been heard Exclusive –only heard by federal courts

11 THE SUPREME COURT The highest court in the US Consist of NINE Presidentially appointed Justices The only Federal Court that cannot be abolished— Constitutionally established

12 Supreme Court Con’t Chief Justice has “executive power” in the Supreme Court Serve Life Time appointments President nominates and Senate approves Cases they decide cannot be appealed by any other court THEY HAVE THE FINAL SAY SO IN WHAT IS LAW!!!!!!! Only way to reverse a SC decision is: Future Supreme Court Or Change of laws through a Congressional action

13 Supreme Court Con’t The majority of Supreme Court cases are heard on Appellate Jurisdiction Appellate jurisdiction – most cases heard in the Supreme Court are from appeals They cannot SENTENCE on appellate jurisdiction – simply decide if lower court followed procedures In a FEW instances they have ORIGINAL jurisdiction If it involves Foreign Dignitaries or State v. State

14 History of the Court First Chief Justice – John Jay Most Influential – John Marshall (we will discuss how he changed the role of the Supreme Court in a case called Marbury v. Madison) Current Chief Justice – John Roberts, Jr

15 Supreme Court Today Chief Justice JOHN G. ROBERTS, JR. – appointed in 2005 Associate Justices ANTONIN SCALIA – appointed in 1986 ANTHONY M. KENNEDY – appointed in 1988 CLARENCE THOMAS appointed in 1991 RUTH BADER GINSBURG – appointed in 1993 STEPHEN G. BREYER– appointed in 1994 SAMUEL A. ALITO, JR. – appointed in 2006 Sonia Sotomayor – Appointed in 2009 Elena Kagan – Appointed in 2010 Now, I need you to look up which president appoint each justice and add it to your notes

16 Supreme Court Today

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