1. Structure and Function of the Judicial Branch Principles of GPA

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3. History of the Judicial Branch 3 No national courts existed before the Constitution Each state interpreted and applied laws independently Court decisions in one state were ignored in another Constitution provides judicial power in ‒ One Supreme Court ‒ Inferior courts to be established by Congress 3 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

4. Dual Court System 4 National judiciary Supreme Court Inferior courts Constitutional courts – most federal cases Special courts – narrow range States have their own court systems They number in the thousands Most cases are heard in state courts 4 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

5. Federal Court Jurisdiction 5 Limited by the Constitution to cases involving ‒ Federal questions – the interpretation and application of a provision of the Constitution or a federal statute or treaty ‒ Questions of admiralty – matters that arise on the high seas or navigable waters of the U.S. ‒ Questions of maritime law ‒ The U.S. or one of its officers or agencies ‒ An official representative of a foreign government ‒ A state suing another state or one of its residents ‒ A citizen of one state suing a citizen of another state 5 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

6. Types of Federal Court Jurisdiction 6 Exclusive Concurrent Original Appellate Not retrying a case Determining whether a trial court has acted in accord with applicable law Appellate courts can uphold, overrule, or modify a decision appealed from the lower court 6 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

7. Selection of Federal Judges 7 Nominated by the President and appointed with consent of the Senate Since the Judiciary Act of 1789, Congress has provided the same procedure for the selection of all federal judges No age, residency, or citizenship requirements Tradition alone dictates educational or professional background in the law 7 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

8. Terms and Salary 8 Appointed for life Serve until they resign, retire, or die in office Life tenure ensures independence May be removed only through impeachment Congress sets their salaries 8 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

9. Inferior Courts 9 District Courts 667 judges in 94 districts Hear more than 300,000 cases annually 80% of the federal caseload Each state is at least one district; some are divided into two or more districts Hear both criminal and civil cases 9 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

10. Inferior Courts (continued) 10 Courts of Appeals Established by Congress to relieve the Supreme Court of the burden of hearing appeals 13 courts of appeals The U.S. is divided into 12 judicial districts Court of Appeals for the Federal Circuit is the 13 th It has nationwide jurisdiction Mostly hears appeals of patent, copyright, and international trade cases 10 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

11. Court of International Trade Nine judges appointed by the President and the Senate Federal trial court Tries civil cases arising out of customs and other trade-related laws 11

12. Supreme Court 12 Only court created by the Constitution Made up of Chief Justice and 8 associate judges On an equal plane with the President and Congress Final judicial authority The Constitution An act of Congress A treaty of the United States 12 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

13. Supreme Court (continued) 13 Judicial Review (continued) Established in Marbury v. Madison in 1803 The outgoing political party tried to stack the judiciary in its favor William Marbury had been appointed justice of the peace on President Adams’ last day in office The next day, President Jefferson took office and halted the commission The Supreme Court sided with President Jefferson, stating the court-packing attempt was in conflict with the Constitution and, therefore, void Set the precedent that the Supreme Court can declare acts of Congress unconstitutional 13 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

14. Supreme Court (continued) 14 Judicial Review (continued) Set the precedent that the Supreme Court can declare acts of Congress unconstitutional The Supreme Court has had a large impact on the meaning and effect of the laws 14 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

15. Supreme Court (continued) 15 Jurisdiction Original Cases to which a state is a party Cases affecting ambassadors, other public ministers, and consuls Appellate Most of its cases From the lower federal courts and the highest state courts 15 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

16. Supreme Court (continued) 16 Cases Reaching the Supreme Court Writs of certiorari Certificates Most cases come from the highest state courts and the federal court of appeals Very few come from the federal district courts 16 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

17. Resources 9780133656329, Macgruder’s American Government, McClenaghan, W., Pearson, Prentice Hall, 2008. (Ch. 18) “The Federalist 78” http://www.constitution.org/fed/federa78.ht m http://www.constitution.org/fed/federa78.ht m Do an Internet search for the following: why Marbury v. Madison still matters 17 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.