2.4 Judicial Powers Identify the function and powers of the Judicial Branch of government

I. The Judicial Branch  A. Described in Article III  1. Made up of the Supreme Court and lower federal courts  a. The Supreme Court is specifically describe in the Constitution  b. Federal Courts are created by Congress  2. Their main duty is to interpret the law

Trial Process – Where Do I Start??? The U.S. Supreme Court U.S. Court of Appeals U.S. District Courts

 3. Article III gives federal courts jurisdiction – the authority to hear and decide a case – only in cases that involve specific topics  The Constitution  Federal Laws  Disputes between the states and citizens from different states  The Federal Government  Foreign Governments and Treaties  Maritime Law  US Diplomats

II. Supreme Court  A. Structure  1. Made up of 8 associative justices and led by 1 chief justice (total of 9!)  2. Meet 9 months out of the year  3. Their job is to hear and make rulings (decisions) on court cases

 4. The justices choose which cases they will hear from the 1000s appealed to the court each year.  a. the Court will accept a case if 4 out of the 9 Justices agree to do so  b. Usually only decide on cases per year  c. The SC is the final authority on whether actions/laws are constitutional therefore they only choose cases that involve constitutional issues

B. Selecting Justices  1. The President appoints Supreme Court Justices, with the approval of the senate  2. Vacancies in the Court open up when a justice resigns or dies.  3. Supreme Court Justices are always lawyers

C. Supreme Court Powers  1. Judicial Review – the Court can review any federal, state or local law/action to see if it is constitutional  a. If the Court decides it is unconstitutional they have the power to cancel the law/action “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with one another, the courts must decide on the operation of each” – Chief Justice John Marshall

 b. Marbury v. Madison  1). This was the first Supreme Court case and established judicial review  2). This case established that the Constitution is the Supreme Law of the Land  3). The power of judicial review is an important check on the legislative and executive branches