120 likes | 217 Views
The American Judiciary. The Judicial Branch. The role of the judicial branch is to interpret the laws Three levels of courts: Federal district courts: courts of original jurisdiction : courts that hear cases for the first time
E N D
The Judicial Branch • The role of the judicial branch is to interpret the laws • Three levels of courts: • Federal district courts: courts of original jurisdiction: courts that hear cases for the first time • Appellate Courts: courts of appellate jurisdiction: courts that have the power to review lower court decisions • The Supreme Court: the highest court in the U.S. and the court of last resort
The Supreme Court • 9 justices: one chief justice and eight associate justices • Justices are nominated by the president and confirmed by the Senate • Justices serve for life and can only be removed by impeachment
Judiciary Act of 1789 • The Judiciary Act of 1789 established the jurisdiction of the court • JURISDICTION: the defined area of a court’s responsibility
How a Case Gets to the Court • First a case is tried in federal court • This is a district court • After the case is decided it may be appealed • The case is appealed to the appellate court • The appellate court may take the case or reject the case • If the case is taken, once it is decided it may be appealed • The final level is the U.S. Supreme Court • The Supreme Court may take or reject the case • Once the Supreme Court issues a ruling on a case it has taken for consideration, it is the final ruling
Marbury vs. Madison, 1803 William Marbury James Madison
Marbury vs. Madison • William Marbury was appointed to the federal courts by John Adams in 1801 • Adams was about to leave office, so he wanted to stack the court with supporters • The Secretary of State had to sign the commission • The commission was signed but wasn’t delivered • At midnight on March 4, 1801, Thomas Jefferson became president • The new Secretary of State, James Madison, refused to deliver the commission
Marbury’s Problem • Chief Justice of the United States, John Marshall, was Thomas Jefferson’s cousin • Jefferson thought he had the case locked up and won… • …but to his horror…
The Fateful Decision • In Marbury vs. Madison, the Supreme Court ruled: • Marbury was entitled to his commission • The Judiciary Act of 1789 was unconstitutional because Congress cannot define the role of the court • The Judicial Branch is an independent branch of government • The Supreme Court has the right to declare acts and laws of Congress unconstitutional: this is called the power of JUDICIAL REVIEW
By the Way… • Judicial review is not in the United States Constitution…the Supreme Court’s biggest power was made up by John Marshall! • Please respond to the following question in your civics notebook: • Why do you think having an independent judiciary is important?