2. The Supreme Court/Judicial Branch INTERPRETS the laws “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” -Article III, Section 1

3. “It is emphatically the province and duty of the judicial department to say what the law is…if two laws conflict with each other the courts must decide on the operation of each.” -Chief Justice John Marshall (1803)

4. A Dual Court System Federal and State Courts The national government has about 100 courts around the country Each state has its own system of courts – thousands across the country. -Most cases are heard in these courts Of the Federal Courts – there are two kinds: 1. The Supreme Court 2. Inferior Courts a. Constitutional (94 District Courts, 12 Courts of Appeals…) b. Special Courts (Territorial Courts, DC, Veteran’s Claims, Armed Forces… Inferior courts hear both civil and criminal cases; about 300,000 per year!

5. Jurisdiction: Jurisdiction– authority to hear (try and decide) a case. Constitutional Courts hear most of the cases tried in a federal court. 4 kinds of jurisdiction Exclusive – cases that can ONLY be heard in a federal court (Ambassadors, patent or copy right case) Concurrent - case that can be tried in a state OR federal court (disputes involving citizens from different states) Fed case ONLY if the amount is more that $75,000 and there is diversity of citizenship; however defendant can move case to a Fed. Court.

6. Jurisdiction Continued: Original – A court in which the case is first held Appellate – hears a case on appeal – the higher court can uphold/overrule/modify a lower court decision

7. Appointment of Justices Who can be a Supreme Court Justice? THE PRESIDENT…. “Shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court…” -Article II, Section II, Clause 2

8. Terms of Justices “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior…” (Article III, Section 1) For life, until they reture, resign, or die Can only be removed through impeachment The is a Chief Justice & 8 associate justices

10. Gender Most justices have been male Sandra Day O’Conner was 1 st female on court in 1981 (until 2006) Out of 112 Justices – 108 have been men Currently we have 3 women sitting on the Supreme Court.

11. Race All Supreme Court Justices were White of European heritage until the appointment of Thurgood Marshall, the first African American in 1967 (by LBJ) Only one other African American has been appointed…Clarence Thomas Sonia Sotomayor – 1 st person of Latin American descent.

12. Religion Most judges have been Protestant (91/112) 12 Catholic 8 Jewish One was unknown

13. The Case of Marbury v. Madison

14. The people involved Election of 1800, Jefferson beat Adams (remembered they tied 36 times first). Before Adams left office, he made a lot of appointments; his Sec. of State (John Marshall) was supposed to deliver them all but didn’t have time. Marbury (who was supposed to get an appointment) didn’t get his ‘commission’ and sued Madison (the new Sec. of State) for not delivering it (Pres. Jefferson told him not to). Marbury took his case to the Supreme Court…was presided over by John Marshall the newly appointed Chief Justice!

15. Assignment After reading the first three pages as a class, answer question #2. THEN, read pages 4-6 and answer questions 1 and 3. It is DUE TOMORROW at the beginning of class