Chapter 14: The Judicial Branch
Judicial Branch
 Article III of the Constitution established the
judicial branch of government with the creation
of the Supreme Court.
 This court is the highest court in the country and
vested with the judicial powers of the
government.
 There are lower Federal courts but they were not
enumerated in the Constitution. Congress
deemed them necessary and established them
using power granted from the Constitution.
Judicial Review
 Courts decide arguments about the meaning of laws,
how they are applied, and whether they violate the
Constitution (aka judicial review)
 Judicial Review is this process that the judiciary uses
to provide checks and balances on the legislative and
executive branches.
Judicial Review
 Judicial review is not an enumerated power given to
the courts but it is an implied power.
 In Marbury v. Madison (1803), the courts' power of
judicial review was clearly articulated.
Basic Characteristics
 The judicial branch hears cases that challenge or
require interpretation of the legislation passed by
Congress and signed by the President.
 Consists of the Supreme Court and the lower federal
courts.
 Appointees to the federal bench serve for life or until
they voluntarily resign or retire.
Basics
 The Supreme Court is the most visible of all the
federal courts.
 The number of Justices is determined by Congress
rather than the Constitution, and since 1869, the
Court has been composed of one Chief Justice and
eight Associate Justices. Justices are nominated by
the President and confirmed by the Senate.
Current Supreme Court
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John G. Roberts, Jr., Chief Justice
John Paul Stevens
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsberg
Stephen Breyer
Samuel Alito Jr.
Interpreting the Law
 Primary function of courts in general and Supreme
Court in particular
 Mechanical jurisprudence—the view of judging
Laws often ambiguous
Legal Interpretation
 Judges base decisions on precedents, laws
 Explain interpretations by invoking generally
accepted legal standards or yardsticks
 Can sometimes explain decisions by the literal
meaning of the words of text in question
Legal Interpretation
 May refer to intent of the framers
 Previous court cases/precedents
 May base decisions on social or
political needs
**All enhance the credibility of decisions
Structure & Jurisdiction
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Dual Court System
There are 50 state court systems
One federal court system
Each state has a state supreme court, though some
do not actually use the term "supreme court."
State Courts
 Lower courts include municipal courts, police courts,
justices of the peace, and/or district magistrates.
 The lowest courts in the state judicial hierarchy have
limited jurisdiction in both civil & criminal cases.
State Courts
Trial courts with general jurisdiction
Most cases of a relatively serious
nature start here
State Courts
Intermediate appellate courts
Trial court decisions can be
appealed here
State Courts
 Sate Supreme Court or Court of Appeals
--This court occupies the top position in the state
judiciary
Federal Courts
 Three-level Pyramid
Federal Courts
1.
2.
3.
The United States district courts are at the bottom
of the triangle.
The United States court of Appeals are the middle.
The United States Supreme Court is at the top
Court Jurisdiction
1.
2.
A case that is heard on original jurisdiction
originates or starts in that court. It has not
previously been heard in a lower court.
A case heard on appellate jurisdiction has already
been heard elsewhere, and it is now being heard
on appeal.
Jurisdiction
 Federal courts have jurisdiction over cases involving
federal parties (example: ambassadors, leaders, etc)
or federal questions (examples: federal laws or
treaties, interpretation of constitutional law)
US Constitution
1)
2)
Constitutional Courts—judges enjoy lifetime
tenure; Article III
Legislative courts---Article I, Provide advisory
opinions and perform other functions assigned to
them by Congress
Supreme Court
 Only court explicitly outlined in Constitution
 Membership fixed by Congress
 Since 1869 the Court has had 9 members, including a
chief justice and eight associate justices
 6 members are needed for quorum
Supreme Court
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President nominates
Lifetime appointment
Supreme Court Process
1.
2.
3.
Chooses cases—no independent data, relies on
briefs
Oral arguments heard over seven 2-week sessions
Conference Days—Private meetings/deliberation
Supreme Court Process
4)
At meeting, they speak in descending order of
seniority.
5)
Take tentative vote in ascending order of seniority
6)
Assign opinion writing—drafted and circulated to
fellow justices for comment
Supreme Court Opinions
1.
2.
Per Curiam: Unsigned decisions of the Court that
states the facts of the case and the ruling
Majority Opinion: written opinion of the majority
stating reasoning for the decision
Supreme Court Opinions
3. Concurring Opinion: Can be authored by a justice
who agrees with the outcome of a case but for
different reasons; may go on record with own
opinion; can influence future opinions; can lessen
impact of majority opinion
Supreme Court Opinions
4. Dissenting Opinion: minority opinions; written by
justices who dissent; may influence future
decisions; can undermine majority opinion
5. Plurality opinion: in the absence of a majority
opinion presents the reasoning of most of the
justices who side with the winning party