Judicial Branch Interpret the Laws Uphold the Constitution Judicial Review- the power of the Supreme Court to review laws and acts and declare them unconstitutional Jurisdiction- authority of a court to hear a case

Jurisdiction of the Courts  U.S. has a dual court system (state & federal courts)  Federal Courts hear cases involving U.S. laws, foreign treaties, and the interpretation of the Constitution

Types of Jurisdiction  Original Jurisdiction- first court to hear the case  Concurrent Jurisdiction- when both federal and state courts may hear the case  Appellate Jurisdiction- authority of a court to hear cases appealed from district courts

Developing Supreme Court Power  Supreme Court has become the most powerful court in the world  No federal court, including the Supreme Court may initiate action (bring suit)  Federal courts only determine cases, they never simply answer a legal question

Marbury v. Madison  Chief Justice Marshall’s ruling in Marbury v. Madison (1803) gave the Supreme Court power to review acts of Congress, this is called judicial review  Marshall broadened federal power at the expense of the states

Due Process  Supreme Court’s rulings on the Reconstruction Amendments (Amendments 13,14,15) eventually applied these amendments to economic policies  Due Process- no state may deprive a person of life, liberty, nor property without due process of the law

Plessy v. Ferguson & Brown v. The Board of Education of Topeka  1896, the Court established the “separate but equal” precedent  1954, this was reversed in the case of Brown v. Board of Education of Topeka

Constitutional Courts  Federal courts were created by Congress for civil and criminal cases  Civil case- case involving two or more private individuals or organizations  Criminal case- case in which the state brings charges against a citizen for violating the law

Types of Juries  Grand Jury- hears charges against a person accused of a crime and determines whether there is sufficient evidence for a trial  Petit jury- (aka trial jury) consists of 6-12 people who weigh the evidence presented at trial and render a verdict decides if a person is innocent or guilty

District Courts  Carry the main burden in federal cases  Vast majority of final decisions are made in District Courts  Many appointed officials provide services for district courts.

Court of Appeals  Thirteen Courts of Appeals  They ease the appellate workload of the Supreme Court  The courts of appeals may decide to uphold the original decision, reverse the decision, or send the case back to the original court to be retried

Legislative Courts  Congress created a series of legislative courts to help Congress exercise its power  Courts Congress created include: U.S. Court of Federal Claims; the United States Tax Court; the U.S. Court of Appeals for the Armed Forces; territorial courts, courts of the District of Columbia, and the Court of Veterans’ Appeals

Selection of Federal Judges  President has the power to appoint all federal judges  Senate must approve the appointments  Presidents often appoint judges from their own political party or who share their points of view

Selection of federal judges cont.  Selecting judges for trial courts follow the practice of senatorial courtesy  Almost all federal judges have legal training  Many have served as state court judges  More women and minorities have been appointed since 1970

Supreme Court Jurisdiction  Has both appellate and original jurisdiction  Has original in cases involving representatives of foreign governments and those involving a state as a party

Supreme Court Justices  Nine Justices since 1869; only Congress can change the number of justices  Eight associate justices and one chief justice  Congress sets the salary of the justices and may not reduce it