Article III of the Constitution
The Judicial Branch
 Under the Articles of Confederation there was no
Judicial Branch. Laws were made, interpreted and
applied by the States.
The Judicial Branch
 The National Judiciary was created by Article III of the
Constitution.
 It set up a dual court system
 National Judiciary
 State Courts
The Judicial Branch
 Jurisdiction – The authority of a court to hear and
decide a case.
 Federal Courts get Jurisdiction in 2 cases
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Subject Matter (Provisions in the Constitution)
States suing other States
The Judicial Branch
 Exclusive Jurisdiction – Cases that can be heard only
in federal courts.
 Concurrent Jurisdiction – Power to hear cases is
shared by federal and state courts.
 Original Jurisdiction – A court in which a case is
heard first
 Appellate Jurisdiction – A court that hears a case on
appeal from a lower court (the appellate court may
uphold or overturn or modify the lower courts
decision.
The Judicial Branch
 District Courts have only O.J.
 Court of Appeals have only A.J.
The Judicial Branch
 Federal Courts (Supreme Court Etal.) Justices are
nominated by the President and confirmed by the
Senate.
 There used to be a 60 vote majority in the Senate
to confirm. However the Democrats change the
rule in November of 2013 (the so called Nuclear
Option) to make it a simple majority.
The Judicial Branch
 Most Judges are leading attorneys, legal scholars, law
school professors, former members of Congress, and
State Court Judges.
 They usually serve for DECADES.
 Republican Presidents usually appoint Republicans –
Democratic Presidents usually appoint Democrats.
 Federal Judges serve for life, until they resign, retire,
or die in office. They may be removed by
impeachment (some of the special courts have term
limits)
The Judicial Branch
 Congress sets salaries for Judges. They may retire
with full benefits at 70 with 10 years service or 65
with 15 years of service.
 Chief Justice $223,500
 Associate Justice $213,900
The Judicial Branch
 Inferior Courts – Federal courts beneath the Supreme
Court. 80% of the federal case load is heard by the
Federal District Courts.
 Court of Appeals – Created as a gatekeeper to relieve
the Supreme Court workload. There are 12 Court of
Appeals. They are divided into 11 judicial circuits +
Washington D.C.
 Texas is in the 5th Circuit of Appeals. We have 18
Judges. They usually sit in panels of 3 unless it is
really important then they will ENBANC (all
participating).
The Judicial Branch – Supreme
Court
 The Supreme Court has 9 Justices (1 Chief Justice and
8 Associate Justices)
 The size of the Supreme Court is set by Congress.
Over the years the size of the court has changed. (1st
S.C. had 6, then 5, then 7, 9, 10, 7, and as of now 9.
 It is the highest court in the land – Final Authority
 Has the power of Judicial Review – Power to decide
the constitutionality of an act of Government. Set by
Marbury vs. Madison 1803. Until then the Supreme
Court was obscure.
The Judicial Branch – Supreme
Court
 The Supreme Court has both O.J. and A.J.
 Nearly 5000 cases are appealed to the Supreme Court each
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year. The court only accepts a few hundred cases a year.
Rule of 4: 4 Justices must agree that a case should be put
on the court’s Docket (list of cases to be heard).
Some cases reach the Supreme Court by a Writ of
Certiorari – an order by the Supreme Court directing a
lower court to send up the records from a case.
When a lower court asks the Supreme Court to certify the
answer to a specific question it is called a Certificate.
When the Supreme Court refuses to hear a case the
decision of the lower court stands.
The Judicial Branch – Supreme
Court
 The Supreme Court sits from the first Monday in
October to sometime in June or July. It meets in 2
week cycles Mon-Thur on Fridays they hold a
Conference – a meeting of the Justices to discuss its
views, vote, and decide which new cases to accept.
 Once a case is accepted, it sets a date on which lawyers
from both sides will present oral arguments. Usually
30 minutes each over the Briefs - written documents
filed with the court (many are hundreds of pages
long).
The Judicial Branch – Supreme
Court
 The Solicitor General – officer of the Justice
Department who represents the United States in all
cases to which it is a party in a case (sometimes the
attorney general will do so.
Donald Verrilli
Solicitor General
The Judicial Branch – Supreme
Court
 Opinions
 Only about 1/3 of the courts decisions are unanimous.
 Majority Opinion – The official decision of the court.
It announces the courts decision.
 Concurring Opinion – a written statement to
emphasize a point that was not made in the majority
opinion.
 Dissenting Opinion – Written statement by Justices
who do not agree with the courts majority opinion.
The Judicial Branch – Supreme
Court
 The Supreme Court has rarely reversed
itself.
The Judicial Branch
There are several Special Courts that
deal with specific issues.
Examples – Tax Court, Court of
Military Appeals, Claims Court.
The Judicial Branch
 Plaintiff – one who initiates a suit.
 Defendant – Party or person that must defend against
the complaint.
 The Plaintiff is always first.
The Judicial Branch
 1st Black on Supreme Court was Thurgood Marshall.
 1st Female was Sandra Day O’Conner.