Just the Facts – Understanding Government:
The Judicial Branch
* The Judicial Branch applies and interprets the laws and has the power to stop the other branches from
violating the Bill of Rights
* Each state has a court system and its own Supreme Court
* Today, there are 96 judicial districts, 13 courts of appeal, and a number of special courts
===========================================================================
District Courts –
 The lowest level US federal court operating within a federal judicial district within a state
 Also known as an “inferior state court” or “trial court”
Appeals (Circuit) Courts –
 The first level of appeal
 Hear cases that come from lower (district) courts, looking for resolutions of legal questions
Supreme Court –












The highest court (ultimate authority and court of appeal) in the land
“Heart” of the Judicial Branch of our Government
The guardian of the US Constitution
Differs from any other federal court in that it is the only federal court that the constitution itself
establishes
Cannot be abolished in the US
Consists of 9 judges (1 chief justice and 8 associate justices), which are all appointed by the US
President with the advice and consent of the Senate
Supreme Court building was established in Washington, DC in 1945
Constitution states that the Supreme Court shall have original jurisdiction in case involving:
a. foreign dignitaries
b. disputes between the states
c. maritime law - matters that involve the Great Lakes, the oceans, and most rivers
d. treaties with other countries
Hear appeals from rulings of lower courts and make final decisions
Was not originally viewed as a prestigious position, but the ratification of the Bill of Rights in
1791 helped transform the Supreme Court into a major governmental institution
Interprets the laws of the Constitution
Cases that has helped the Supreme Court establish its role in government:
a. Marbury vs. Madison 1803 – Gave the Supreme Court the power of judicial review – to review
and nullify (strike down) laws or executive actions that conflict with the Constitution
b. Martin vs. Hunter’s Lessee 1813 – Rules that the Federal law has supremacy over the State
law when a conflict exists between the two
c. McCulloch vs. Maryland 1819 – Gave Federal Government the power to charter a national
bank and declared that it is unconstitutional for states to tax a federal institution (such as a
national bank), even if it operates within their state borders
d. Gibbons vs. Ogden 1924 – Declared that (through the Commerce Clause) only Congress has
the power to regulate interstate commerce, not the states
 4 Supreme Court decisions led to Constitutional Amendments
 Other landmark Supreme court cases that have helped to further define and protect the rights of
individuals
a. Schenk vs. US 1919 – Places limitations on the Freedom of Speech - Can’t yell fire in a
crowded theater when there is no immediate and present danger
b. Brandenburg vs. Ohio 1969 – Declared that government cannot punish inflammatory speech
unless that speech is directed to inciting, and is likely to incite, imminent lawless action.
c. Texas vs. Johnson 1989 – Declared that it was unconstitutional to ban or prohibit the burning
or other desecration of the US flag. In other words, flag burning is a constitutionally protected
form of speech under the 1st Amendment
d. Brown vs. Board of Education 1954 – Declared that segregation in public schools was
unconstitutional
e. University of CA vs. Bakke 1978 – Declared that preferential treatment in certain
circumstances was constitutionally permissible. For example, race is allowed to be one of
several factors in college admission policy.
f. Baker vs. Carr 1962 - Held that federal courts could decide cases questioning whether state
voting districts were properly delineated (outlined or represented) – 1 person-one vote
g. Miranda vs. Arizona 1966 – Ruled that detained criminal suspects, prior to police questioning,
must be informed of their constitutional right to an attorney and against self-incrimination.
h. Roe vs. Wade 1973 - Held that abortion is a Constitutional right
i. Dred Scot vs. Sanford 1857 - Ruled that African-Americans, whether free or slave, were not
American citizens and could not sue in federal court. The Court also ruled that Congress lacked
power to ban slavery in the U.S. territories.
 The only way to remove a Supreme Court Justice is by impeachment
a. To impeach a justice, the House of Representatives must present charges against him or her
and then the Senate must try the charges and vote for removal by a 2/3 vote
b. Samuel Chase, Supreme Court Justice, was the only justice to have ever been impeached
(in 1804) when the House charged him with using his judicial position to make political
speeches against President Thomas Jefferson
 Thurgood Marshall – The first African-American Supreme Court Justice
 Sandra Day O’Connor – First female Supreme Court Justice
 William H. Taft – Only member of the Supreme Court who also served as US President
 How the Supreme Court Works:
a. Of the thousands of cases that are appealed to the Supreme Court each year, only about 150 of
them are heard (based on priority/importance of issues)
b. At least 4 Justices must agree on a case before it’s put on the Court’s calendar
c. Supreme Court regular session is called the October Term (runs from Oct. to June the
following year)
d. After the regular term, the Supreme Court may hold a special session only when urgent matters
arise that can’t wait until the next regular term
e. The Chief calls the 1st case to be decided and each Justice speaks in order of seniority
f. To decide a case, the Court must have a majority vote (5 if all Justices are present)