The Judicial Branch Its Powers and Limits

Current Supreme Court

3 Major Steps in the Federal System Courts Judges 1 9 Supreme Court Court of Appeals 14 3 91 District Court 1

District Courts these courts consider criminal and civil cases that come under federal, rather than state authority Examples: kidnapping and federal tax evasion

Appeals Courts these courts review district court’s decisions in which the losing side has asked for a review of the verdict If the appeals court disagrees with the District Court’s decision, then they can overturn the decision or order a retrial

Supreme Court this court’s duty is to hear and rule cases, interpret the meaning of laws and determines national policy Example: when the Supreme Court determined that “all men are created equal” applies to ALL people not just white, property owners.

Early History Early in the life of the United States, the Supreme Court had little true power. It heard very few cases each year and was the weakest of the three branches of government.

Early History In the early 1800’s, however, the court’s power increased because of Chief Justice John Marshall.

Early History In 1803, the Supreme Court heard Marbury v. Madison. In this case, the Court ruled that a certain law was unconstitutional. This meant that the law violated the Constitution and was invalid.

Judicial Review This power became known as the power of “judicial review.” Judicial Review is the power to overturn any law or executive order which the Supreme Court decides is in conflict with the Constitution.

Judicial Review The Supreme Court’s primary power is to limit the power of the other two branches by declaring laws and executive orders unconstitutional.

Brown vs Board of Education -Before the 1950’s, white and black students had to go to separate schools under the “separate but equal” law. This meant that races could be separated as long as their facilities (bathrooms, restaurants, schools) were in equal condition -A young African American girl had to walk miles to her “black school” while the “white school” was just a block away. -Her family went to court in order to test the “separate but equal” law. This case went all the way up to the Supreme Court -The Supreme Court ruled that it was unfair to make whites and blacks separate in society. Because of this case, whites and blacks were now able to be in the same public places

Executive Limits on the Court The President appoints justices to the Supreme Court. Justices serve until retirement or death which gives the president great power in swaying the direction of the Supreme Court if a seat becomes vacant.

Chief Justice John Roberts Appointed: Bush, 2005 Age: 63 Conservative

Clarence Thomas Appointed: Bush, 1991 Age: 70 Strong Conservative

Ruth Bader Ginsburg Appointed: Clinton, 1993 Age: 85 Strong Liberal

Stephen Breyer Appointed: Clinton, 1994 Age: 80 Liberal

Samuel Alito Appointed: Bush, 2006 Age: 68 Conservative

Sonia Sotomayor Appointed: Obama, 2009 Age: 64 Strong Liberal

Elena Kagan Appointed: Obama, 2010 Age: 58 Liberal

Neil M. Gorsuch Appointed: Trump, 2017 Age: 51 Conservative (hasn’t had many cases yet though)

Brett Kavanaugh Appointed: Trump, 2018 Age: 53 Conservative (just authored his first opinion though)

-All current Chief Justices went to either Harvard, Yale or Columbia -Judges wear black robes because during the colonial times, they originally followed English judge traditions -Supreme Court Justices currently make: $213,900 a year -The longest serving Justice was Chief John Marshall who served from 1801-1835 -President Taft was the only person to serve both as President of the US and a Supreme Court Justice

The Judicial Branch Its Powers and Limits