THE JUDICIAL BRANCH By: Tristan Gerardo, Alejandro Garcia, Emilio Vasquez, Nicholas Arias and anyone else in the first two rows (but not really)

The Judicial Branch Intro/Overview The judicial branch is made up of judges and courts that interpret laws & the constitution and the way they are used. It consists of 94 district courts, 13 courts of appeal (12 circuit courts, 1 court of appeal for D.C. & 1 US court of appeals for the federal circuit), and the Supreme court o FUN FACT: the supreme court is big!

Requirements The judges must maintain good behavior once the position is acquired o FUN FACT: There are no constitutional requirements to become a U.S. Supreme Court Justice, a courts of appeal judge, or a district court judge.

Requirements (cont.) judges and justices serve a lifetime appointment, unless they resign, retire or are impeached and convicted first.

Selection Process The president nominates a justice o Criteria can be whatever they choose o They usually take advice from the Justice Department and White House staff members o Also hear suggestions from interest groups and individuals Senate must confirm nomination o The Senate Judiciary Committee typically conducts confirmation hearings for each candidate

Selection Process (cont.) Senate must confirm nomination (cont.) o Once the committee reports out the nomination, the full Senate considers it o Nominee must earn simple majority of 51 votes from the Senate o Typically takes several weeks for confirmation President prepares and signs a commision o The Seal of the Department of Justice must be affixed to this

Checks and Balances over other Branches The Judicial Branch is given the power to interpret the laws. It has the following checks over the Executive Branch: o Judges, once appointed for life, are free from controls from the executive branch o Courts can judge executive actions to be unconstitutional through the power of judicial review judicial review

Checks and Balances over other Branches (cont.) The Judicial Branch has the following checks over the Legislative Branch: o Courts can judge legislative acts to be unconstitutional. The American system of checks and balances has worked well over the course of America's history. Even though some huge clashes have occurred when vetoes have been overridden or appointees have been rejected, these occasions are rare. The system was meant to keep the three branches in balance. Even though there have been times when one branch has risen preeminent, overall the three branches have achieved a workable balance with no one branch holding all the governmental power.

Significance of Marbury v. Madison on Checks and Balances This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government on a more even power basis with the Legislative and Executive Branches. The Founding Fathers expected the branches of government to act as checks and balances on each other. The historic court case Marbury v. Madison accomplished this end thereby setting the precedent for numerous historic decisions in the future. Judicial Review Founding Fathers

Constitutionally Defined Powers Original jurisdiction over Ambassador, Minister, and Consul cases Appellate jurisdiction over other cases Receive compensation for their services Interpret the law Determine the constitutionality of law Apply the law to individual cases Can declare Punishment of Treason

Constitutionally Defined Powers Cases: In Law and Equity - U.S. Laws and Treaties Affecting Ambassadors or other public Ministers and Consuls Admiralty and Maritime Jurisdiction Controversies between two or more states Controversies between citizens of different states Controversies between a state and citizens of another state Controversies between citizens of the same state Controversies to which the United States shall be a party