Unit 5: The Judicial Branch 1. Purpose and Membership Unit 5: The Judicial Branch

Purpose Where in the US Constitution can you find details about the Supreme Court? Article III Section 1: Sets up courts Section 2: Assigns jurisdiction Section 3: Clear definition of treason

Purpose The main duty of the Supreme Court is to hear and rule on cases. They are the ones who interpret and uphold the US Constitution. This involves three things: choosing cases to hear, making a decision after hearing that case, and writing their Opinion (an explanation of their decision).

Purpose They are also responsible for overseeing federal circuits (lower courts). This means overseeing that they are functioning correctly, and responding to requests for special legal actions (such as suspending decisions). All while maintaining objectivity. Supreme Court Justices must be careful not to be involved with outside activities that would interfere with their objectivity.

The American Legal System The US Supreme Court US Court of Appeals for the Federal Circuit Military Court of Appeals US Courts of Appeals (12) Highest State Appeals Courts Military Courts Tax court, territorial courts, district court, DC courts, appeals from federal regulatory agencies Claims courts, Veterans’ Appeals, International Trade Legislative Courts (state and local courts)

Purpose The Supreme Court is the court of last resort. It is not required to hear all cases presented to it; it gets to choose. When it does hear cases, it is the final authority; its decisions are binding on all other courts. Will always hear cases concerning the US Constitution, acts of Congress, treason, and treaties made by the US.

Membership Justices No constitutional qualifications. Have law degree, practiced law for a number of years (attorney, judge), generally older because of this (50s-60s). Not always a desired position. “Riding the circuit” ended in 1891.

Membership The number of Supreme Court Justices is set by Congress. Currently this number is nine. Justices are chosen by the president and confirmed by the Senate. Interviewed about judicial/legal philosophies. President will typically nominate someone from their political party. All professional qualifications are evaluated by the Bar Association.

Membership Justices can be impeached by Congress. Length of term is life or until a justice decides to retire.

Membership Name Appointed in Appointed by Current Age Chief Justice John Roberts 2005 George W. Bush 60 Antonin Scalia 1986 Ronald Reagan 79 Anthony Kennedy 1988 Clarence Thomas 1991 George H.W. Bush 67 Ruth Bader Ginsburg 1993 Bill Clinton 82 Stephen Breyer 1994 77 Samuel Alito 2006 65 Sonia Sotomayor 2009 Barack Obama 61 Elena Kagan 2010 55