Judicial Branch – Supreme Court

Article III of the Constitution The Constitution stated the "judicial power of the United States, shall be vested in one supreme Court, and such inferior Courts" The design, structure and procedures of the courts are left up for Congress to decide Some Americans feared a national court would give the national government power to take away their rights!

Judiciary Act of 1789 Congress formally creates the Supreme Court There will be 1 Chief Justice and 5 Associate Justices for a total of 6 (today there are 9 total judges) The President appoints judges to the Supreme Court, this appointments must be ratified by the Senate Judges serve for life!!!

Judges are appointed for Life

So what power does the Supreme Court actually have???

Judicial Review First used by Chief Justice John Marshal in 1803 in Marbury v. Madison “ It is emphatically the province and duty of the judicial department to say what the law is” – Marshall, 1803 Creates Judicial Review

Judicial Review Judicial Review enables the court to hear cases involving the application and interpretation of law Laws can be ruled Constitutional or Unconstitutional Laws judged not in keeping with the Constitution are declared unconstitutional and void If the judges believe a law takes away or restricts your rights as an American the law is ruled unconstitutional and is void (no longer exists)

Process Cases do not go straight to the Supreme Court Appellate courts = smaller courts Cases are presented in appellate courts judge may pass the case to a higher court If participants are upset with the decision they can appeal to a higher court The Supreme Court hears about 150 cases of the 5,000+ appealed to it

How do you get around a SC ruling???? Well if the SC rules a law violates the Constitution….then change the Constitution! = An amendment!!!! Bring another case about the same law/issue and get a different ruling As time passes judges/society changes and this may lead to different opinions on the Court Ex. Plessy v. Ferguson (1897) and Brown v. Topeka BOE (1954)

Jurisdiction Two court system Federal and State systems How do we decide if a case should be presented to a state or federal court? Subject matter Federal Courts can only hear cases involving federal laws, treaties, maritime law, interpretation of the Constitution Who is involved? Representatives from foreign governments States suing other states Crimes which break Federal Laws