1. A Level Government & Politics
The US Judicial Branch
A Level Government & Politics
Students should be able to:
Identify the Key Components of the US Judicial Branch
Explore the political significance of the Supreme Court
Compare and contrast the Judicial Branch with that in the UK

2. The Judicial Branch is a key part of the Separation of Powers
The Judicial Branch includes:
All the US Courts in the Federal Court system from State Courts up to the Supreme Court.
The Judicial Branch is a key part of the Separation of Powers

3. The Judicial Branch and the Constitution
The Judicial Branch is set out in the US Constitution in Article III
Section 1 sets out the Supreme Court as the only judicial power in the US
Congress can ‘ordain and establish’ new courts
Judges shall hold their office for life in ‘good behavior’
No provision for number of Supreme Court justices
No Mention of Judicial Activism

4. United States Supreme Court
Structure of the Federal Court System
The Supreme Court sits at the top of the US Court System
The Supreme Court rejects almost all of the cases brought to it.
If this happens, then the ruling of the lower court stands.
Only 4% of cases get heard in the Supreme Court
United States Supreme Court
1 Court – 9 Justices
US Court of Appeals
1 in each of 11 circuits
1 in DC
1 Federal Circuit
US Court of Appeals
1 in each 94 districts

5. Membership of the Supreme Court
The Constitution does not give a set number of justices that must be on the court. The US has tended to have 9 so that a majority can be reached.
8 Associate Justices
1 Chief Justice
All have an Ideological Stance
Number is set by Congress
Job for life in good behaviour
FDR did threaten to ‘pack the court’

6. Membership of the Supreme Court (II)
Justice
Date Appointed
Sitting President
Ideological Balance
Chief Justice
John Roberts
2005
George W Bush (R)
Right Leaning
Associate Justices
Position Open XX
Donald Trump (R)
Anthony Kennedy
1988
Ronald Reagan (R)
Swing Vote
Clarence Thomas
1991
George H W Bush (R)
Ruth Bader Ginsburg
1993
William J Clinton (D)
Left Leaning
Stephen Breyer
1994
Samuel Alito
Sonia Sotomayor
2009
Barack H Obama (D)
Elena Kagan
2010

7. The Roberts Court Antonin Scalia Anthony Kennedy Clarence Thomas
Ruth Bader Ginsburg
John Roberts
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Elena Kagan

8. Left Right Ideology of the Roberts Court Ruth Bader Ginsburg
Antonin Scalia
John Roberts
Stephen Breyer
Anthony Kennedy
Clarence Thomas
Sonia Sotomayor
Elena Kagan
Samuel Alito
SWING VOTE

9. Judicial Philosophy
President’s often want to appoint Justices that fit their own ideological image
Reagan: Bork, Scalia
Obama: Sotomayor, Kagan
Justices are often seen as ‘conservatives’ or ‘liberals’
There are more classifications such as activist.

10. No constitutional basis for this power
Judicial Review
No constitutional basis for this power
Found in Marbury v Madison 1803
Allowed the Court to rule:
Acts of Congress
Executive Actions
State Law
UNCONSTITUTIONAL

11. UK US Comparison to the UK
The US Judicial Branch is far more political than the UK due to Presidential appointment.
Justices also must retire in the UK there is no requirement for them to do so in the US UK US
More partisan and far more powerful
Powerful Judicial Review
Appointed by the President
Can’t rule on unconstitutional issues
Less Partisan & Less Powerful

12. A Level Government & Politics
The US Judicial Branch
A Level Government & Politics
Students should be able to:
Identify the Key Components of the US Judicial Branch
Explore the political significance of the Supreme Court
Compare and contrast the Judicial Branch with that in the UK