The Living Constitution Article 3 – The Judicial Branch

What powers do the Courts possess in Government? Article 3 – The Judicial Branch

Objectives

Federal Judges  The Constitution sets no qualifications for federal judges. They are appointed by the President and approved of by the Senate judiciary committee.  Life Tenure –  Federal Judges may be removed from office through the process of impeachment, where they are accused by the House of wrongdoing and convicted by the Senate  This has only happened 4 times in US history

Federal Jurisdiction Federal Courts handle cases concerning

Federal Court System  District Courts –  About 90 district court exist  Circuit Court of Appeals –  11 circuit courts exist  A circuit court may confirm or deny the judgment of the lower court  A case moves to appeal if:

Federal Court System

Supreme Court  Supreme Court –  Supreme Court does not have to field an appeal from the Circuit court. If Supreme Court rejects appeal, the Circuit court‘s decision is upheld  Supreme Court decisions must be upheld unless the Constitution is altered  Supreme Court Breakdown:  1 chief justice, 8 associate justices  Presidential appointment, Senate confirmation  Life terms until death, indictment or resignation  Judicial Review –  Controversial since Judges are unelected by the public, and serve a life term

Supreme Court Nomination Hearing

Which Cases do the SC Select?  Supreme Court hears cases a year, less than 1% of submitted cases  In 2009, the US Supreme Court received more than 7,738 petitions. Nine Justice cannot handle the volume of cases that reach their docket each year; instead, they choose the most important to constitutional or federal law.  A case can get to the Supreme Court through an appeal of a federal question from a case in the highest State court, an appeal from a lower federal appellate court.  In very limited situations a case can be brought directly to the Supreme Court (e.g. disputes between two states - that is, between the states themselves). If the case is from a state supreme court, then there must be a federal legal question in the case which if reversed would alter the result of the case. The Supreme Court is almost never obligated to grant an appeal, unlike most appellate courts.  Supreme Court hears a case is to resolve a split in opinion among federal circuit appeals courts. For example, when the 5th Circuit Court of Appeals (covering the states of Texas, Louisiana, & Arkansas) decides an issue differently than the 2nd Circuit Court of Appeals (covering the states of New York, Connecticut, & Vermont), the Supreme Court will often hear the appeal in order to settle the division, ensuring consistency in application of the law