THE JUDICIAL BRANCH

1. THE JUDICIAL BRANCH THE SUPREME COURT AND THE FEDERAL COURT SYSTEM

2. Bell Work Turn to page C11-C12 and answer the following questions. Where is the judicial power of the United States vested? What kinds of cases does the Supreme Court have jurisdiction over? How is treason defined in the Constitution?

3. ARTICLE III • “The judicial 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.” • Article III Section 1 • Congress is also given the expressed power “to constitute Tribunals inferior to the supreme Court” in Article I, Section 8, Clause 9

4. DUAL COURT SYSTEM • There are two separate court systems in the United States. • National Judiciary • State Judiciary • MOST OF THE CASES THAT ARE HEARD IN COURT TODAY ARE HEARD IN THOSE STATE, NOT THE FEDERAL, COURTS!

5. WHAT CASES COME UNDER FEDERAL JURISDICTION? • The Subject Matter of the Case • Interpretation and application of a provision in the Constitution or any federal statute or treaty • Question of admiralty law (matters that arise on the high sea or navigable U.S. waters) • Question of maritime law (matters arising on land but relating to the water) • The Parties Involved in the Case • United States or one of its officers or agencies • Ambassador, consul, or representative of foreign government • State suing another state • Citizen of one State suing Citizen of another State • U.S. citizen suing a foreign government or one of its subjects

6. JUDICIAL APPOINTMENTS Judicial Appointments to the constutional courts are made for life. The judges may only be removed through the impeachment process. Judges who sit on the “special courts” are not appointed for life. Congress sets their salaries and can not diminish their salaries while their in office.

7. JURISDICTION Exclusive Jurisdiction: cases that can be heard only in the federal courts. Concurrent Jurisdiction: cases that may be tried in either a federal court or a State court.

8. ORIGINAL AND APPELLATE JURISDICTION Original Jurisdiction is the power of a court to hear a case first, before any other court. Appellate Jurisdiction is the authority of a court to review decisions of inferior (lower) courts.

10. DISTRICT COURTS The United States District courts are the federal trial courts. District courts handle about 80 percent of the federal caseload (about 300,000 cases a year). They were created by the Judiciary Act of 1789 and there are now 94 district courts throughout the U. S.

11. THE COURT OF APPEALS The courts of appeals were created by Congress in 1891. They were established to help relieve some of the burden on the Supreme Court. There are now 12 courts of appeals in the judicial system. They have only appellate jurisdiction.

13. Case Briefs Name of the Case Facts of the Case (1 sentence) Constitutional Question (1 sentence) Vote Outcome Supreme Courts Opinion/Ruling (1 sentence)

14. Exit Ticket What is the difference between original and appellate jurisdiction?

15. Bell Work What were the three levels of federal court we learned yesterday? What was each levels role?

16. THE SUPREME COURT • Established in Article III Section I and is the only court specifically created by the Constitution. • They have the power of judicial review which means they have the extraordinary power to decide the constitutionality of an act of government. • The Supreme Court is the final authority on the meaning of the Constitution. • Marbury v. Madison

17. ORIGINAL JURISDICTION • The Supreme Court has both appellate and original jurisdiction. • MOST OF ITS CASES, HOWEVER, COME ON APPEAL FROM THE LOWER FEDERAL COURTS AND FROM THE HIGHEST STATE COURTS. • 2 cases in which the Supreme Court can exercise original jurisdiction: • Those to which a state is a party • Those affecting ambassadors, other public ministers, and consuls.

18. HOW CASES REACH SUPREME COURT Writ of Certiorari is an order by the Court directing a lower court to send up the record in a given case for its review. Either party to a case can petition the Court to issue a writ, but cert is only granted in a limited number of instances.

19. SUPREME COURT TODAY 9 justices that meet in Washington D. C. A term of the Supreme Court commences on the first Monday of each October, and continues until June or early July of the following year. Each term consists of alternating periods of approximately two weeks known as "sittings" and "recesses." Justices hear cases and deliver rulings during sittings; they discuss cases and write opinions during recesses.

20. CURRENT SUPREME COURT

22. THE SPECIAL COURTS • The Court of Federal Claims • The Territorial Courts • The Court of Appeals for the Armed Forces

23. NATIONALIZING THE BILL OF RIGHTS • A common view was that the federal Bill of Rights did not apply to the states at all. • This position was officially adopted by the Supreme Court in the case of Barron v. Baltimore.

24. INCORPORATION OF THE BILL OF RIGHTS • Beginning in 1925 in the case of Gitlow v. New York the Court initiated a series of decisions that resulted in the nationalization of the Bill of Rights. • By 1947, every provision of the First Amendment had been made applicable to the States, and in the 1960s most provisions of the Bill of Rights protecting Federal criminal defendants were also applied to State proceedings. • The vehicle used to accomplish this result was the Due Process Clause of the Fourteenth Amendment,

25. 14th AMENDMENT • Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

26. Exit Ticket • How has the responsibilities of the Supreme Court changed with time? • How did Marbury v. Madison give the Judicial Branch more power?