Judicial Branch -Supreme Court

Article III of the U.S. Constitution Judicial Branch Article III of the Constitution establishes the Judicial Branch. It is made up of nine Supreme Court justices. The Judicial Branch’s main responsibility is to interpret the laws for the country. Article III of the U.S. Constitution Section 1 The Judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Requirements of Judicial Branch What political party do they belong to? Doesn’t matter Who appoints them? The President Who ratifies the appointments? The Senate Citizenship Minimum Age None Residency Term of Office For life

The Constitution Article IISection 2 The President “shall nominate, and by and with the advice and consent of the Senate, shall appoint… judges to the Supreme Court.”

Role of the Supreme Court If the Supreme Court finds that a law passed by Congress conflicts with (goes against) the Constitution it must declare the law unconstitutional. The law is then “thrown out”. This power to review a law and decide whether it is constitutional or not is known as judicial review. A Supreme Court decision sets a precedent (a rule that must be followed and applied to similar situations in the future) for all U.S. courts to follow when making their decisions.

Types of Cases the Supreme Court Hears The first kind involves disputes between states. The second involves foreign ambassadors. It serves as a final court of appeals. It hears cases that have been tried and appealed as far as law permits in federal and state courts.

FACTS A third of all U.S. Presidents have appointed a Supreme Court justice in an election year. Six Justices have been confirmed in a presidential election year since 1900 including President Reagan’s appointee Justice Kennedy. Since 1875, every nominee who was not withdrawn has received a vote within 125 days of nomination. It will be harmful and create unsustainable uncertainty if Congress fails to act on the President's nominee.

Controversy President Obama nominated Chief Judge of the U.S. Court of Appeals for the D.C. - Merrick Garland Republicans have argued that no appointment can be made in an election year. Republican leadership is refusing to vote or even hold a hearing on the President’s nominee to the Supreme Court.

Supreme Court Justice Neil Gorsuch Appointed by President Donald Trump April 8th, 2017 Believes the US Constitution should be construed as it was written by it’s original drafters Constitutional Originalist

Implications Regarding Potential S.C. Decisions Influence of big money on political elections Voting Rights Act Retaining women’s right to choose Gay Rights Rights of teachers and other public employees to unionize President’s authority to fight climate change Traditional role of the S.C. to protect the powerless from the powerful

Conservative or Liberal?

Justice Brett Kavanaugh Nominated by President Trump Took his seat on October 6th, 2018 Replaced retired Justice Anthony Kennedy Typically has ruled conservative, but sees the case as it is