Chapter 10- The Judicial Branch

JUDICIAL BRANCH  The Judicial Branch was created to help balance the powers of the other two branches.  It played a very small role until Chief Justice John Marshall who was appointed in He helped increase the power of the court.

 The Judicial Branch consists of the Supreme Court and more than 100 federal courts.  The most important members of the branch are the judges.

 consists of a system of federal and state courts-a dual system.  All 50 states have courts that derive powers from state constitutions and laws.  The Federal court system consists of the Supreme Court and lower federal courts -get their powers from the Constitution and federal laws.  Each system is separate but connected.

 each state has its own level courts for different purposes (traffic court or juvenile court).  Municipal courts operate on the city level and hear cases involving small sums of $ or misdemeanors like traffic violations.  Most of our disputes are handled in state courts.

 Legal conflicts in our country are resolved by courts of law.  They all perform the same basic functions:  apply the law to an actual situation  interpret the law  determine how to apply it in that situation.

KY Supreme Court 7 Justices KY Court of Appeals 14 Justices sit on panels KY Circuit Court KY Family Court KY District Courts KY Court System

 the authority to hear certain cases-  State Courts have three levels for cases to go:  Trial  Appellate  Supreme Court of final appeals

 The court in which the case is originally tried  has original jurisdiction-the authority to hear a case first.  This court determines the facts of the case. (sometimes with a jury and trial).

 If a person who loses a case & thinks something is unjust they can appeal a decision- take the case to a court with appellate jurisdiction.  The appeals court does not hold a trial or determine the facts of a case.  It looks at the legal issues involved-determines if the law was applied fairly and that someone's rights weren’t violated.

1. affirm (let stand) the lower court’s decision, 2. Reverse the lower court’s decision (–if they find that something was unfair-) if this happens there may be another trial. The new trial is held back at the trial court. However, in this case if a defendant is then declared innocent they can NOT be retried. 3. If one side is still not happy they can appeal to the Supreme Court

1. involving federal laws and issues beyond the authority of states 2. cases appealed to the federal court from state supreme courts.

 Federal courts have jurisdiction over cases involving the United States laws, foreign treaties, and the interpretation of the Constitution.  State courts have jurisdiction over cases involving state laws  When state and federal jurisdiction overlap- concurrent jurisdiction

 The SC is the most powerful court in the world.  It may also be the least understood institution of American Government.  Its power is developed from custom usage and history.

 Certain principals were established early in the Court’s history.  No federal court may initiate action -seek out cases to be tried before them.  They must wait for litigants (people involved in law suits) to bring it before them.  Judiciary Act of It set up the district courts and court of appeals. (one of the first acts of Congress)

 One of the most important powers of the Supreme Court  gives the Judicial Branch the final say on whether a law is valid  it is a checks and balance for the Legislative Branch.

 Marbury v Madison: William Marbury sued James Madison (Sec. of State) in Marbury was suing b/c he did not get a govt. job that was promised to him by President John Adams. Marbury brought the case to the SC.

 As President Adam’s term expired Congress passed a bill giving the president a chance to appoint 42 justices of the peace in DC. The Senate quickly confirmed the nominees. The Secretary of State had delivered all but 4 of the commissions to the new officers by the day Thomas Jefferson came into office. Jefferson in one of his first acts as president stopped delivery of the remaining commissions.

 William Marbury one of those who did not receive his commission filed suit in the SC (which he could do b/c under a provision of the Judiciary Act of 1789 the SC could hear cases involving government officials). The Court heard the case in Feb 1803.

 Chief Justice John Marshall announced the ruling that Marbury’s rights had been violated and that he should have his commission. However Marshall said the Judiciary Act had given the Court more power than the Constitution had allowed. Therefore, the Court could not, under the Constitution issue a writ to force delivery of the commission. Jefferson won the victory but it was one he did not enjoy.  The chief justice had secured for the court the power to review acts of Congress.

 Since 1803 more than 1,000 state and local laws and 100 federal laws have been overturned by Judicial Review.  Marshall in several other key decisions the Court carved out its power. He broadened federal Power at the expense of the states. The Court declared that states could not hamper the exercise of legitimate national interests.