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Lesson C-4: The Judicial Branch
Today we will list the powers of the Supreme Court.
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Vocabulary judicial – having to do with courts and the justice system
supreme – highest in quality, rank, or authority jurisdiction – the power to control or to administer justice unconstitutional – in violation of a principle found in the Constitution
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Article 3. The Judiciary The major job of the judicial branch is to interpret the Constitution, determining whether laws are constitutional.
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Section 1 sets up the judicial branch of the federal government.
It established one Supreme Court, the highest court in the nation. But it allows for Congress to set up “inferior,” or lower, federal courts.
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In accordance with their powers under the Constitution, Congress passed the Judiciary Act of 1789.
The Judiciary Act of 1789 established a Supreme Court with a chief justice and five associate justices. It also set up other lower federal courts.
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Since 1869, the Supreme Court has been made up of nine justices.
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Judges serve “during good behavior.”
Judges are appointed by the president, and they serve for life unless they are found guilty of misbehavior. The salary of a judge cannot be lowered while the judge is in office. Today’s Chief Justice is paid $233,500 per year and each Associate Justice earns $213,900. Chief Justice John Roberts
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Section 2 gives the federal courts have jurisdiction over cases involving:
ambassadors and other public officials. issues related to shipping to/from foreign countries. disagreements with the U.S. government. disagreements between two or more states or between citizens of different states.
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Section 2.2 specifies that the Supreme Court has appellate jurisdiction, meaning it has the power to hear appeals of cases held in lower courts.
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Section 2.3 reaffirms the citizens’ rights to a trial by jury.
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Section 3 defines the crime of treason.
It also sets limits on the punishments Congress can establish for treason.
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Judicial review is an important power of the courts that is not spelled out in the Constitution.
The judges examine a law to decide whether it violates the Constitution. If they find it unconstitutional, the law is declared invalid. This is the only way that the judicial branch can check, or limit, the power of the legislative branch.
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The justices can also limit the president’s power in the same way.
If the president issues an executive order, the Supreme Court may decide his order is unconstitutional. The president’s order is overturned. This is the only check that the judicial branch has on the executive branch.
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