1. Article III
Judicial Branch

2. Judicial Branch
Supreme national court with the power to make final judgements on all cases it considered
Congress has the power to establish inferior courts, courts that have less power than the Supreme Court
Federal judges are appointed for life.
Judges salary cannot be reduced during their time in office.

3. Authority of Federal Courts
Main duty is to interpret laws
Have jurisdiction to hear cases that involve
Constitution, national laws
maritime law (shipping)
any agreements made by the federal gov’t (treaties)
hear cases that involve ambassadors or foreign citizens
suits by citizens or states against another country
disputes between different states, gov’t or citizens -(This was changed by Amendment 11)

4. Supreme Court
Exclusive jurisdiction - these cases have to be heard in the Supreme Court
cases involving foreign diplomats or a state
Appellate jurisdiction- review of decisions made by lower courts
all other cases only come to the Supreme Court through appeals

5. Types of jurisdiction Original - first to hear the case
Appellate - review of lower court decision
Concurrent - can be decided in either state or federal courts
Exclusive - no other court can hear the case

6. Judicial Philosophies
Judicial Restraint
judicial decisions should not contradict the wishes of the elected member of government unless their actions clearly violate specific provisions of the Constitution
Judicial Activism
justices should take an active role in making policy, even if it means going beyond the actions of the elected branches.

7. Judicial Review
Federal courts can decide whether court decisions and laws are in keeping with the basic intent of the Constitution. If they decide they are not, they can declare the law void.
Originated in the case Marbury v Madison
in this case for the first time the Supreme Court declare an act of Congress unconstitutional. This est. the courts right of judicial review

8. Trial by Jury
Any person accused of a crime (criminal not civil) must be offered a jury trial.
Trials are to be held in the state where the crime was committed
If crime is in more than one state, Congress can say where the trial is to be held.
Only exception is impeachment

9. Treason Making war against the United States or helping its enemies
Suspect must confess in court or two people must have witnessed the same act of treason
Punishment for treason is death, except in civil insurrections when it is fines and jail
Only traitor can be punished, not family
no corruption of blood

10. Sovereign Immunity
The United States or any sovereign governments can not be sued
Two exceptions
Public officials can be sued for wrongful and illegal acts
Congress can rule to allow the government to be sued

11. Supreme Court Facts First black justice - Thurgood Marshall
First woman justice - Sandra Day O’Conner
Chief Justice and 8 associate justices
Justices have law clerks to help
Bulk of cases are appellate jurisdiction
Once a case is decided, a majority opinion is entered (dessenting opinion)