The Judicial Branch. The Original Plan The idea of the judicial branch came from the Virginia Plan. The idea of the judicial branch came from the Virginia.

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Presentation transcript:

The Judicial Branch

The Original Plan The idea of the judicial branch came from the Virginia Plan. The idea of the judicial branch came from the Virginia Plan. Article III, Section I: judicial power shall reside in “one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”. Article III, Section I: judicial power shall reside in “one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”. Section I also says that judges are appointed to the Supreme Court for life. Section I also says that judges are appointed to the Supreme Court for life.

How It Works Federal Courts rule on cases in which the government is a party Federal Courts rule on cases in which the government is a party  EX: Treaties; Maritime cases (cases arising on the high seas); Bankruptcy; Disputes between states and citizens of other states; All cases involving the Constitution and federal legislation.

Checks and Balances Federal Courts have two functions that allow them to “check” the other two branches: Federal Courts have two functions that allow them to “check” the other two branches: 1. Statutory Construction (interpret the meaning of laws) 1. Statutory Construction (interpret the meaning of laws) 2. Judicial Review (determines whether a law is Constitutional) – established by Marbury v. Madison. 2. Judicial Review (determines whether a law is Constitutional) – established by Marbury v. Madison.

Courts of the Judicial Branch **ONLY THE SUPREME COURT MUST EXIST!!! **ONLY THE SUPREME COURT MUST EXIST!!! Generally, lower federal courts include district courts and courts of appeals. Generally, lower federal courts include district courts and courts of appeals.  District Courts: hear federal cases for the first time.  Courts of Appeals: hear appeals from district courts.

Courts of the Judicial Branch The Supreme Court only hears those cases that it regards as important to national issues. The Supreme Court only hears those cases that it regards as important to national issues.