Judicial Review and Limited Government

The Judicial Branch It is headed by the Supreme Court which watches over the other two branches. Its important function is to see whether the law of Congress and the actions of the President violate the constitution. "The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.“ Article III of the Constitution

All other cases reach the Court on appeal from lower courts. THE SUPREME COURT The Supreme Court has original jurisdiction in only two kinds of cases: A. those involving foreign dignitaries and B. those in which a state is a party. All other cases reach the Court on appeal from lower courts. The power of judicial review is not specifically provided for by the Constitution It is a doctrine stated in the Marbury vs. Madison case of 1803. In its decision in that case, the Court held that "a legislative act contrary to the Constitution is not law," and that "it is emphatically the duty of the judicial department to say what the law is."

THE SUPREME COURT The Supreme Court has original jurisdiction in only 3 kinds of cases: those involving foreign dignitaries those in which a state is a party. All other cases reach the Court on appeal from lower courts. The Cases Cases filed with the Court each term – About 10,000 Cases selected by the Court for review each term – About 100 Approval of Justices required to win a case – 5 out of the 9 justices

THE SUPREME COURT The Cases Cases filed with the Court each term – About 10,000 Cases selected by the Court for review each term – About 100 Approval of Justices required to win a case – 5 out of the 9 justices The Justices Appointment to the Court – By the President Confirmation of appointment to the Court – By the U.S. Senate Number of Justices since 1790 – 99 Associate Justices, 17 Chief Justices Length of the appointment – Lifetime or until retirement First Woman Justice – Sandra Day O’Connor First Hispanic Justice – Sonia Sotomayor

The conferral of power on the federal courts A. The Constitution established “one Supreme Court” but left it to Congress to structure the federal judiciary. B. Judicial review led to the ascendancy of the Supreme Court. C. Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. The power of judicial review is not specifically provided for by the Constitution It is a doctrine stated in the Marbury vs. Madison case of 1803. In its decision in that case, the Court held that "a legislative act contrary to the Constitution is not law," and that "it is emphatically the duty of the judicial department to say what the law is."

THE SUPREME COURT The Justices Appointment to the Court – By the President Confirmation of appointment to the Court – By Senate Number of Justices since 1790 – 99 Associate Justices, 17 Chief Justices Length of the appointment – Lifetime or until retirement First Woman Justice – Sandra Day O’Connor First Hispanic Justice – Sonia Sotomayor

Access and Decision Making in the Supreme Court A. The mottos inscribed on the Supreme Court building capture the Court’s difficult task: providing equal justice under law while making justice the guardian of liberty. The work of the Court is determined by access. Once the Court grants review, attorneys submit written arguments (briefs). Although he is only one of nine justices, the chief justice has several unique and important functions based upon the authority of that office.

The organization of the court system today Each state (and the District of Columbia) has its own court system, and no two are alike. 2. State courts co-exist with the federal court system, and individuals fall under the jurisdiction of both. 3. The state courts handle and resolve the vast majority of legal disputes. State courts 1. The federal courts are like a pyramid: the Supreme Court is at the apex, the U.S. 2 Courts of Appeals occupy the middle, and the U.S. District Courts serve as the base. 3. There are 94 federal district courts and nearly 650 full-time district judges. Federal Courts

All decisions are final FEDERAL COURTS SYSTEM Supreme Court 9 judges No jury Highest court All decisions are final 13 Circuit Courts of Appeals A group of 3 judges No jury Higher court Review district court decisions Special Courts Court of International Trade Court of Federal Claims 94 District Courts 1 judge+ jury Lower courts Cases about federal laws and constitutional rights

COURTS OF APPEALS 12 regional circuit courts of appeal and the U.S. Court of Appeals for the Federal Circuit created in 1891 The courts of appeals review decisions of the district courts within their areas The Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases

In what cases can a person try to appeal to a higher court? When he/she believes that his/her right were violated; a rule of law was not properly followed; all evidence was not available. The judge may agree with the: person and overturn the lower court’s decision; or lower court and uphold the decision.

The district courts Congress fixes the boundaries of the districts (94) according to population, size, and volume of work. The only federal courts where grand juries indict those accused of crimes, and juries decide the cases Hear cases about federal laws and constitutional rights Most cases start and stop at this level

Federal vs State Courts Federal courts do not hear cases arising under the laws of individual states. But some cases over which federal courts have jurisdiction may also be heard and decided by state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others.

The system of checks and balances Supreme Court Justices serve for life, but Congress can impeach and remove them. The Supreme Court can declare a law unconstitutional, but Congress can propose an amendment to the Сonstitution. Federal Courts can send a person to prison, but the President can grant pardons. The courts have the power to determine the constitutionality of all acts of Congress and of presidential actions.