1. Article 3—Judicial Branch
THE CONSTITUTION
Article 3—Judicial Branch

2. Judicial Branch Articles of Confederation did not provide for courts
Article 3 specifically creates only the Supreme Court and gives Congress the power to create lower federal courts, or “inferior courts”
“judiciary is beyond comparison the weakest of the three [branches]....”
--Alexander Hamilton The Federalist No. 78

3. Foundations Judiciary Act of 1789
Congress has set up a variety of lower courts
States already had courts before Constitution
Today, we have two levels of courts---State and Federal---that exist side by side
State Courts base their rulings off of state constitutions
Federal Courts base their rulings off of the Constitution

4. Foundations Terms Pay and Benefits
Article 3 also provides the guidelines of the terms of office and compensation of federal judges
Terms
Federal judges serve a life term on “good behavior”
Once they are appointed by the _____ and confirmed by the _____, they can only be removed from office by _______ from the ________
Pay and Benefits
1998—Supreme Court Justices made $167,900 and the Chief Justice made $175,400
Other federal judges between $125,700 and $145,000

5. Jurisdiction Article 3 Section 2
Federal Courts may try cases involving
Ambassadors or other representatives of foreign governments
Maritime law
Bankruptcy cases
Two or more state governments
Citizens of different states
A state and a citizen of a different state or foreign country
Citizens of the same state claiming lands under grants of different states
U.S. laws and treaties or the interpretation of the Constitution

6. Jurisdiction
Exclusive Jurisdiction cases are heard by Federal Courts only---not state courts
These are cases “arising under the Constitution, the laws of the United States, and treaties”
Concurrent Jurisdiction—federal and state courts share jurisdiction
If a person commits a crime that violates both state and federal law, the case may go to either state or federal court

7. Law Types of Law Civil Criminal Constitutional
Deals with the rights and relationships of private citizens
Criminal
Deals with crimes and providing for their punishment
Constitutional
Type of law relating to the interpretation of the Constitution

8. Judicial Review
The power of the courts to establish the constitutionality of national, state, or local acts of government
Not in the Constitution
Debate between Jefferson and Hamilton
Jefferson was a ‘strict constructionist’—meaning that judges ought to base their decisions on a narrow interpretation of the language of the Constitution
Hamilton was a ‘loose constructionist’—meaning judges have considerable freedom in interpreting the Constitution

9. THE FEDERAL COURT SYSTEM Supreme Court of the United States
12 Court of Appeals
Court of Appeals for the Federal Circuit
Court of Military Appeals
94 District Courts
Federal Regulatory Agencies
Tax Court
Courts of Military Review
Court of International Trade
Claims Court
Court of Veterans Appeals

10. Federal Judges Selection Criteria Selection Process
Experience and Background
Party Affiliation
Political Ideology
Race and Gender
Senatorial Courtesy
Selection Process
President’s Choice
A rigorous background check
Litmus Test
Other parties consideration
Senate Confirmation
“The Court should be the guardian of freedom that does not worry about elections and is not swayed by public opinion polls.”
--Senator Paul Simon (D-ILL), 1992

11. Supreme Court # of Justices on the Supreme Court = 9
Why is there an odd number of justices?
The Constitution did not provide any duties for the justices
However, over the years many responsibilities have been created out of laws and tradition
Each year, Justices must decide which cases to hear, decide on the case itself, explain the decision, and take on occasional additional duties, such as serving on special commissions
The Chief Justice has several additional duties
presiding over sessions and conferences
Writing the majority opinion, if he agrees
Supervises the general administration of the federal court system

12. Supreme Court First Chief Justice---John Jay
Who is the current Chief Justice?
Who was the last Justice added to the bench?
[The Supreme Court should be] “a leader in a vital national seminar that leads to the formulation of values for the American People.”
--Arthur S. Miller, 1992

13. Checks Checks on Judicial Power Limited Powers of Enforcement Congress
President
Public Opinion