The Judicial Branch

US History: Spiconardi

The Supreme Court

• Final authority in the federal court system

• Comprised of 1 chief justice and 8 associate justices (originally 1 & 5)– Number can change via

congressional legislation

The Justices•Roberts, Chief Justice (R)

•Breyer (D)

•Thomas (R)

•Bader Ginsburg (D)

•Alito (R)

•Kennedy (R)

•Stevens (D)

•Scalia (R)

•Souter (D)

* Appointed by President * Confirmed by Senate * Lifetime Term

How do cases reach the Supreme Court?

• Original Jurisdiction– Cases

involving foreign ambassadors or disputes among states

• Appellate Jurisdiction– In a lower

court, if the losing side believes a judge made a mistake in applying the law in a case, that case may be appealed to a higher court.

vs.

• Between 5,000 & 7,000 cases are appealed to the Supreme Court every year

•Only 150 are heard

•Clerks review cases

•Pass on to Justices

•4 justices must agree to review the case

•Cases heard Mondays, Tuesdays, & Wednesdays from October to June

Judicial Review

• Role of Judicial Branch is not described in much detail in the Constitution

• Considered the weakest of the three branches until 1803

=

Judicial Review

• Marbury v. MadisonMarbury v. Madison– Establishes the principal of

judicial review– Judicial reviewJudicial review enables the

Supreme Court to determine the constitutionality of laws and strike down those that are unconstitutional

Federal Courts: District Courts

• Criminal– Federal laws

only• Kidnapping

across state lines

• Drug transporting

• Mail fraud• Tax evasion• Counterfeiting

$

• Civil– Claims against

the federal government

– Constitutional rights

• (i.e. free speech)

Federal Courts: Appellate Courts

• Considers court decisions in which the losing side has asked for a review of the verdict– Can overturn a verdict– Order a retrial