The Judicial Branch
Chapter 10
What part of the Constitution
lists the judicial powers?

Article III
U.S. Constitution- Article III
Section 1.
 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.
 The Judges, both of the supreme and inferior
Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times, receive
for their Services, a Compensation, which shall
not be diminished during their Continuance in
Office.
U.S. Constitution- Article III
Section 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made, or which shall be
made, under their Authority;--to all Cases affecting Ambassadors, other public
ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to
Controversies to which the United States shall be a Party;--to Controversies
between two or more States;--between a State and Citizens of another State;-between Citizens of different States;--between Citizens of the same State claiming
Lands under Grants of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and
those in which a State shall be Party, the supreme Court shall have original
Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under
such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;
and such Trial shall be held in the State where the said Crimes shall have been
committed; but when not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
U.S. Constitution- Article III
Section 3. Treason against the United States,
shall consist only in levying War against them, or
in adhering to their Enemies, giving them Aid
and Comfort. No Person shall be convicted of
Treason unless on the Testimony of two
Witnesses to the same overt Act, or on
Confession in open Court.
The Congress shall have Power to declare
the Punishment of Treason, but no Attainder of
Treason shall work Corruption of Blood, or
Forfeiture except during the Life of the Person
attainted.
The 11th Amendment

The Judicial power of the United States shall not
be construed to extend to any suit in law or
equity, commenced or prosecuted against one of
the United States by Citizens of another State,
or by Citizens or Subjects of any Foreign State.


(It changes the jurisdiction of the Federal Courtsset
forth in Article III)
(It was added to overturn a Supreme Court decision
in Chisholm v. Georgia )
Judiciary Act of 1789


set up a system of federal district courts
and circuit courts
part of it was ruled unconstitutional in
Marbury v. Madison
Did you know the Judiciary Act of 1789 was the
first law ever passed by Congress…AND…the first
law ruled unconstitutional by the Supreme Court?
Oh, well. What do I know?
I’m just a bill.
No, It was
actually the
sixth act of
Congress…
Terms



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jurisdiction- the power of a court to hear a
certain case
original jurisdiction- the power of a court
to hear a case first
appellate jurisdiction- the power of a
court to review a lower court decision
judicial power- right of a court to decide
legal cases
What was judicial principle was
established by the decision in
Marbury v. Madison?

judicial review

the power of the court to rule an act
unconstitutional
Judicial Review



the power of the Supreme Court to
overturn laws
NOT specifically listed in the Constitution
established by the ruling in Marbury v.
Madison- 1803
Federal Courts
(the basic structure)
Supreme Court
-appellate jurisdiction
-limited original
jurisdiction
Circuit Court of
Appeals
-appellate jurisdiction
only
District Courts
-original jurisdiction
Federal Court System
(more complicated structure)
Original
Jurisdiction
Cases
Appeals from
States
Federal & State courts
Which is the highest court in the
U.S.?


the Supreme Court of the United States
(SCOTUS)
How are federal judges chosen?


appointed by the president
confirmed by the Senate
How long is the term for a
federal judge?
“…a term of good behavior.”
a lifetime appointment until the judge
dies, retires, resigns, or is impeached and
removed
How many justices serve on the
Supreme Court of the United
States?

9


1 Chief Justice
8 Associate Justices
Sonia Sotomayor
Obama 2009
Samuel Alito
Bush II 2006
Steven G. Breyer
Clinton 1994
Elena Kagan
Obama 2010
John Roberts
Bush II 2005
Clarence Thomas
Bush I 1991
Antonin Scalia
Reagan 1986
Anthony M. Kennedy
Reagan 1988
Ruth Bader Ginsburg
Clinton 1993
Supreme Court Procedure
1.
Court decides to hear the case
About 10,000 petitions each year, the court accepts about 160 -200 per year
2.
Filling briefs
each side submits their legal arguments in writing
3.
Oral Arguments
Each side has 30 minutes of Q & A with the nine justices
4.
Conference
Private meeting of justices.
The chief justice speaks first and votes last
5.
Assigning opinions/circulating drafts
an opinion of the majority is written (and re-written) over a period of
time. Others may write a concurring or dissenting opinion
6.
Announcement of opinion
The decision is made public and the opinion is read
What type of vote is required for
decisions by the Supreme Court?

a simple majority

usually 5-4
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/landmarkvotes.html
When making a decision, what
factors should influence how the
justices vote?



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the Constitution
court precedent
the intent of the law when it was enacted by
Congress
NOT by…

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what the president or the Congress wants
what a majority of the people want by public opinion
polls

“Tyranny of the majority”
Who makes the final decision about
what the Constitution means?

the Supreme Court of the United States
How can a Supreme Court
decision be overturned?

a constitutional amendment

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i.e. 16th Amendment (Income Tax),
11th Amendment (lawsuits vs. citizens from other
states)
Flag burning Amendment??? (not yet)
the court can overturn itself with a later decision

i.e. Brown v. Board (racial segregation is
unconstitutional) overturned Plessy v. Ferguson
(separate but equal)
Criminal Trial
prosecution v. defendant


prosecution- a government body that
brings charges
defendant- an individual who is charged
with a crime in criminal trial court
Civil Trial
plaintiff v.
defendant

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plaintiff- an individual or group that brings
a complaint against another party in a civil
trial court
defendant- an individual or group that
answers a complaint in a civil trial court
Appeals Case
appellant v. respondent


appellant- an individual or group that
requests a higher court to review the
decision of a lower court
respondent- an individual or group that is
compelled to answer the claims or
questions posed in court by an appellant
What is judicial activism?
...judicial restraint?

judicial activism


an effort by judges to take an active role in
policymaking by overturning laws relatively often
judicial restraint

an effort by judges to avoid overturning laws and to
leave policymaking up to the other two branches of
government
What does the Constitution require
for a person to be convicted of
treason?

a confession or two witnesses who testify
to an overt act