The Judicial Branch

What is the main role of the judicial branch? The main role of the judicial branch is to interpret and explain the law.

The Judiciary Act of 1789 Congress created the system of federal courts. The Judicial Branch is headed by the Supreme Court, which is the highest federal court in the country. Congress decided the size of the Supreme Court and also has the power to create lower courts.

The Supreme Court The Supreme Court only hears the following types of cases: The first kind involves disputes between states. The second involves foreign ambassadors. Lastly, it serves as a final court of appeals. It hears cases that have been tried and heard as far as law permits in federal and state courts.

The Supreme Court Requirements Judicial Branch What political parties do Supreme Court justices belong to? It does not matter, but a President will tend to nominate justices from their own political party. Who selects them? The President nominates them and the Senate approves them. Confirmation process. Citizenship Does not matter: preferably an American citizen. Minimum Age Does not matter. However, Presidents nominate those with plenty of experience. Residency Within the United States of America. Term of Office Life. They can choose to retire.

Supreme Court Judicial Review The Supreme Court has the power to decide whether any law passed by Congress or Presidential decision is constitutional or unconstitutional. Constitutional means that the Constitutional says it’s okay. Unconstitutional means it’s not allowed under the Constitution. Established by an 1803 court case Marbury v. Madison

The Principle of Judicial Review The principle of judicial review states that the Supreme Court has the final say in interpreting the Constitution. “It is emphatically the province and duty of the Judicial Department to say what the law is. If the Supreme Court decides that a law violates the Constitution, then that law cannot be put into effect.” ~Chief Justice John Marshall

Use of Judicial Review Decide if the scenario is Constitutional or Unconstitutional The President creates a naval base in Hawaii? Explanation

Use of Judicial Review Decide if the scenario is Constitutional or Unconstitutional The President declares war on Canada. Explanation

Use of Judicial Review Decide if the scenario is Constitutional or Unconstitutional Congress passes a law that creates a new army. Explanation

Use of Judicial Review Decide if the scenario is Constitutional or Unconstitutional The President signs a treaty with Mexico. Explanation

Use of Judicial Review Decide if the scenario is Constitutional or Unconstitutional The President arrests people for disagreeing with him. Explanation

Use of Judicial Review Decide if the scenario is Constitutional or Unconstitutional The Secret Service arrests someone for making counterfeit $20 bills. Explanation

Use of Judicial Review Decide if the scenario is Constitutional or Unconstitutional The President tells the U.S. Mint to start making @25 bills with his picture on it. Explanation