ARTICLE III JUDICIAL BRANCH SS.7.C.3.3 – Illustrate the structure and function of government in the United States as established in the Constitution. S.S.7.C.3.8 – Analyze the structure, functions, and processes of the legislative, executive, and judicial branches.

ORIGIN OF FEDERAL COURT SYSTEM 1781 – 1789 – Articles of Confederation – no national court system. Article III - Constitution established the national Supreme Court. Gave Congress the power to establish lower federal courts. Judiciary Act of 1789 – established two types of lower federal courts: A. District Courts B. Circuit Courts

WEBSITE REVIEW Go to: https://www.archives.gov/founding-docs Click On – “Recommended by National Archives” Click – “See Document on Display in Washington” – view/read paragraph. Back Arrow – Click –”The Constitution, What Does It Say?” 5th Resource Down – Click Article III – Record the notes in your Guided Notes for “Article III”

JURISDICTION TO HEAR CASES…. DIFFERENT COURTS HAVE AUTHORITY TO HEAR DIFFERENT KINDS OF CASES. THIS AUTHORITY IS CALLED “JURISDICTION.” JURISDICTION CAN ALSO BE DEFINED BY GEOGRAPHICAL AREAS CALLED DISTRICTS AND CIRCUITS.

STRUCTURE OF THE FEDERAL COURTS SUPREME COURT– the country’s highest court. The ONLY court created in the Constitution CIRCUIT COURTS – 13 circuit courts, act as an Appeals Court for decisions made in the District Courts. DISTRICT COURTS – 94 district courts, they are the lower level court system and hear minor civil and criminal court cases.

COURT STRUCTURE

Organized into 12 Regional Circuits. DISTRICT COURTS U.S. DISTRICT COURTS – 94 ACROSS THE UNITED STATES. AT LEAST ONE DISTRICT COURT IN EACH STATE AND WASHINGTON D.C. Organized into 12 Regional Circuits. THE DISTRICT COURT RESOLVES LEGAL DISPUTES BY DETERMINING THE FACTS AND APPLYING LEGAL PRINCIPLES TO DECIDE WHO IS RIGHT.

COURT OF APPEALS U.S. COURT OF APPEALS - 13 Appellate Courts across U.S. Each of 12 Regional Circuits have one Appellate Court that rules on cases within it’s region. Visit – http://www.USCOURTS.gov/about-federal-courts/federal- courts-public/court-website-links View the map – U.S. Court of Appeals – Click on “Eleventh Circuit” – (Judges, Filing Information, Opinions, etc…) APPELLATE COURTS HEAR CHALLENGES TO DISTRICT COURT DECISIONS FROM WITHIN THEIR REGION.

SUPREME COURT THE HIGHEST COURT IN THE LAND AND WAS CREATED BY ARTICLE III OF THE U.S. CONSTITUTION.

WEBSITE REVIEW VISIT – http://www.uscourts.gov/about-federal-courts Click – “Court Role & Structure” (middle column) Read – sections on Supreme Court, Appellate Courts, and District Courts. Arrow Back – Click On – “Comparing Federal and State Courts” Fill in – “Types of Cases Heard” – Guided Notes….

DUAL COURT SYSTEM IN THE U.S.A. OUR FEDERAL COURTS EXIST ALONGSIDE 50 SEPARATE COURT SYSTEMS WITH EACH STATE HAVING IT’S OWN LAWS AND COURTS. STATE COURTS GET THEIR POWERS FROM THE STATE CONSTITUTIONS. FEDERAL COURTS GET THEIR POWER FROM LAWS PASSED BY CONGRESS.

ORIGINAL JURISDICTION – only 2 types of cases THE SUPREME COURT ORIGINAL JURISDICTION – only 2 types of cases DISPUTES BETWEEN TWO OR MORE STATES. CASES THAT INVOLVE DIPLOMATS FROM FOREIGN COUNTRIES. ***All other cases the Supreme Court hears cases that have been “appealed” from the lower courts.

LIMITS PLACED ON THE SUPREME COURT The S.C. can only hear cases that have been brought to it on appeals. The S.C. can only hear legal disputes – a citizen cannot just ask for the Court to rule on a law. The S.C. can only rule on a law or case that involves federal law. The S.C. has no resources or enforcement for carrying out it’s decisions. That is left up to the Executive Branch.

LIMITS ON THE SUPREME COURT Executive Branch usually enforces the decisions of the S.C….!!! Worcester v. Georgia – Andrew Jackson…”Trail of Tears” removal of Cherokee Indians.. 1832. S.C. orders Pres. Jackson to honor the treaties with the Cherokee Indians. Jackson refuses….

S.C. – has final authority in cases involving the Constitution. S.C. – has final authority in cases involving acts of Congress. S.C. – has final authority over treaties with other nations. ***Supreme Court decisions are binding on ALL lower courts.

JUDICIAL REVIEW The Court can review any federal, state, or local law or action to see if the law goes against the Constitution. If the Court decides the law is “unconstitutional” if can nullify or legally cancel that law or action. The Constitution did NOT give the Supreme Court the right of “judicial review.” This right was established through court cases we will study later.

MARBURY V. MADISON A case involving Sec. of State James Madison and William Marbury. Case involved an appointed commission to Marbury that Madison refused to give to him. Courts ruled in favor of Marbury but could not enforce or order Madison to deliver the commission. **Est. the right of Judicial Review….the Supreme Court’s right to rule on the laws and appeals to the courts.

FUNCTIONS OF THE COURT Terms – work 9 months, term begins on the first Monday in October. Appointed by the President, confirmed by the Senate, and serve out their terms as appointed for life. They do NOT run for reelection or campaign for any candidates. Chief Justice of the Supreme Court The Justices tend to be very private, rarely give interviews, and stay outside of politics.

MAIN PURPOSE OF THE COURT “EQUAL JUSTICE UNDER THE LAW” “INTERPRET THE LAWS PASSED BY CONGRESS, SIGNED BY THE PRESIDENT ACCORDING TO THE CONSTITUTION.” OUR LEGAL SYSTEM IS BASED UPON THIS PRINCIPLE AND THE GOAL OF THE LEGAL SYSTEM IS TO TREAT EVERY PERSON THE SAME UNDER THE LAW.

WEBSITE REVIEW VISIT – https://www.supremecourt.gov/about/biographies.aspx Pick one Justice – read their short biography – annotate which Justice you reviewed on the Guided Notes.