Article III Judicial Branch

Judicial Branch Supreme national court with the power to make final judgements on all cases it considered Congress has the power to establish inferior courts, courts that have less power than the Supreme Court Federal judges are appointed for life. Judges salary cannot be reduced during their time in office.

Authority of Federal Courts Main duty is to interpret laws Have jurisdiction to hear cases that involve Constitution, national laws maritime law (shipping) any agreements made by the federal gov’t (treaties) hear cases that involve ambassadors or foreign citizens suits by citizens or states against another country disputes between different states, gov’t or citizens -(This was changed by Amendment 11)

Supreme Court Exclusive jurisdiction - these cases have to be heard in the Supreme Court cases involving foreign diplomats or a state Appellate jurisdiction- review of decisions made by lower courts all other cases only come to the Supreme Court through appeals

Types of jurisdiction Original - first to hear the case Appellate - review of lower court decision Concurrent - can be decided in either state or federal courts Exclusive - no other court can hear the case

Judicial Philosophies Judicial Restraint judicial decisions should not contradict the wishes of the elected member of government unless their actions clearly violate specific provisions of the Constitution Judicial Activism justices should take an active role in making policy, even if it means going beyond the actions of the elected branches.

Judicial Review Federal courts can decide whether court decisions and laws are in keeping with the basic intent of the Constitution. If they decide they are not, they can declare the law void. Originated in the case Marbury v Madison in this case for the first time the Supreme Court declare an act of Congress unconstitutional. This est. the courts right of judicial review

Trial by Jury Any person accused of a crime (criminal not civil) must be offered a jury trial. Trials are to be held in the state where the crime was committed If crime is in more than one state, Congress can say where the trial is to be held. Only exception is impeachment

Treason Making war against the United States or helping its enemies Suspect must confess in court or two people must have witnessed the same act of treason Punishment for treason is death, except in civil insurrections when it is fines and jail Only traitor can be punished, not family no corruption of blood

Sovereign Immunity The United States or any sovereign governments can not be sued Two exceptions Public officials can be sued for wrongful and illegal acts Congress can rule to allow the government to be sued

Supreme Court Facts First black justice - Thurgood Marshall First woman justice - Sandra Day O’Conner Chief Justice and 8 associate justices Justices have law clerks to help Bulk of cases are appellate jurisdiction Once a case is decided, a majority opinion is entered (dessenting opinion)