Transcript The Judicial Branch

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
•Roberts, Chief
Justice (R)
The Justices
•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
vs.
• 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.
• 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. Madison
– Establishes the principal of
judicial review
– Judicial 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