Article III: The Judicial Branch – Supreme Court is the only court specifically created by the Constitution » Judicial power is vested in the Supreme Court and other courts that may be created by Congress under Art I Sec 8 » Supreme Court justices and other federal judges appointed for life, serve until retirement or death unless impeached and convicted » Pay can not be reduced while in office Copyright © 2009 Cengage Learning 1
Article III: The Judicial Branch Supreme Court’s jurisdiction limited by Art III Sec 2 Cases arising under federal law or the Constitution Admiralty or maritime cases Cases in which states are parties Diversity cases involving citizens of different states Copyright © 2009 Cengage Learning 2
Article III: The Judicial Branch Art III Sec 2 Clause 3 guarantees that anyone accused of a federal trial has the right to be tried by a jury In the state where the crime occurred Impeachment is an exception Copyright © 2009 Cengage Learning 3
Article III: The Judicial Branch – Power of judicial review not specifically mentioned in the Constitution Discussed by Alexander Hamilton in Federalist #78 Inherent in the Article VI of the Constitution (The Supremacy Clause) Claimed by the Supreme Court in the case of Marbury v. Madison (1804) Copyright © 2009 Cengage Learning 4