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The Judicial Branch

The Judicial Branch. Origins of the Supreme Court.

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The Judicial Branch

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  1. The Judicial Branch

  2. Origins of the Supreme Court • Constitutional Origin. Article III, §1, of the Constitution provides that “[t]he judi-cial 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.” • created by authority of the Judiciary Act of September 24, 1789. • Jurisdiction: • Cases with ambassadors or other public ministers • Between two states • United States Laws and treaties

  3. Members of the Supreme Court • Chief Justice of the United States • WILLIAM H. REHNQUIST • Associate Justices • JOHN PAUL STEVENS • SANDRA DAY O’CONNOR • ANTONIN SCALIA • ANTHONY M. KENNEDY • DAVID H. SOUTER • CLARENCE THOMAS • RUTH BADER GINSBURG • STEPHEN G. BREYER

  4. Overview of the Judicial Branch • Function:Interpret Laws • Structure • District Court –Starting point of most cases • Appellate Court – 3 Justice panel – appeals only • Supreme Court – Original and Appellate Jurisdiction – Highest Court in the Land • Method of SelectionPresidential Appointment with approval from Senate 4. Term of office – Life (or Retirement)

  5. Judicial Review • Duty to interpret laws and uphold the constitution • John Marshall established Judicial Review (ability to deem laws unconstitutional) with Marbury v. Madison • McCulloch v. Maryland (1819, Marshall). The Court ruled that states cannot tax the federal government, i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the constitutionality of the Bank of the United States.

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