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The Judicial Branch. Article III. * The highest court in the land is called the U.S. Supreme Court. * The Congress has the constitutional power to create any other national courts it deems necessary No Age limit
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The Judicial Branch Article III
* The highest court in the land is called the U.S. Supreme Court • * The Congress has the constitutional power to create any other national courts it deems necessary • No Age limit • 9 justices on the Supreme Court (1 Chief justice and 8 associate justices) – may change • ** appointed by the President, approved by the Senate • ** can be impeached
Requirements • No fixed years to serve (usually until death, retirement or conviction) • Reason:By design, this insulates them from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns.
Primary Function • Interpret laws • Settle Disputes • Interpret Treaties with foreign governments • Oversees court system in the U.S. • The Supreme court also has the power of Judicial Review. This is the power to determine if laws are constitutional
Hears cases on judicial review • May take up cases on appeals from the U.S. Court of Appeals and U.S. District Courts • Also hears cases directly appealed from the state supreme courts There are 10 courts around the nation and 1 “traveling” court to hear cases appealed from the U.S. District Courts There is at least 1 in every state. This is the court of original jurisdiction for most federal crimes
Significant Supreme Court Cases • 1803 Marbury v. Madison— was the first time a law passed by Congress was declared unconstitutional • 1857 Dred Scott v. Sanford—Declared that a slave was not a citizen, and that Congress could not outlaw slavery in U.S. territories • 1896 Plessy v. Ferguson—Said that racial segregation was legal
1954 Brown v. Board of Education—Made racial segregation in schools illegal • 1966 Miranda v. Arizona —stated that criminal suspects must be informed of their rights before being questioned by the police. • 1973 Roe v. Wade—Made abortion legal • 2003 Grutter v. Bollinger and Gratz v. Bollinger—Ruled that colleges can, under certain conditions, consider race and ethnicity in admissions.