The Judicial Branch

Target: I can explain the 2 types of federal courts, how judges are selected, and what their power entails.

The Federal Court System

Under the Articles of Confederation, the state courts decided infractions

The Federal Court System

Under the Articles of Confederation, the state courts decided infractions– Problems:

The Federal Court System

Under the Articles of Confederation, the state courts decided infractions– Problems:

• States did not have same laws

The Federal Court System

Under the Articles of Confederation, the state courts decided infractions– Problems:

• States did not have same laws

• Didn’t accept the decision of other courts

The Federal Court System

The New Constitution created two federal court structures

The Federal Court System

The New Constitution created two federal court structures– Supreme Court

The Federal Court System

The New Constitution created two federal court structures– Supreme Court– Lower Federal Courts (under the power of

Congress)

Federal Courts (2 Types)

Constitutional Courts exercise the “judicial power of the US”

Federal Courts (2 types)

Constitutional Courts exercise the “judicial power of the US”– Supreme Court, Court of Appeals, The District

Courts, Court of International Trade

Federal Courts (2 types)

Special Courts hear cases that arise out of expressed Congressional Powers

Federal Courts (2 types)

Special Courts hear cases that arise out of expressed Congressional Powers– Tax Courts, Appeals for Military Courts,

Veterans Appeals

Jurisdiction in Federal Courts

Federal Courts have jurisdiction because

Jurisdiction in Federal Courts

Federal Courts have jurisdiction because– The subject matter

Jurisdiction in Federal Courts

Federal Courts have jurisdiction because– The subject matter or the parties involved

• Application of constitution

• Matters that arise at sea

• US office or agency

• Ambassador, consul, representative of foreign gov’t

• State suing state, citizen of different state, suing foreign gov’t

Appointment of Judges

President nominates Supreme Court Justices, approved by the Senate

Appointment of Judges

President nominates Supreme Court Justices, approved by the Senate

President selects federal court judges with Senate approval

Appointment of Judges

President nominates Supreme Court Justices, approved by the Senate

President selects federal court judges with Senate approval– Usually selects people of same political view

point

Appointment of Judges

Judges in Constitutional courts are appointed for life (can be removed through impeachment, 13x)

Appointment of Judges

Judges in Constitutional courts are appointed for life (can be removed through impeachment, 13x)

Special Court Judges are appointed to extended terms 10-15 years

Quick Facts about the Supreme Court

There are 9 justices on the Supreme Court They serve for life!

– Why?

The “Chief Justice” serves as the head In a decision, (5-4), the majority side writes

the “opinion of the court” and the minority side writes the “dissenting opinion.”– Why are these important?

Marbury v Madison

Established the right of the Supreme Court to declare an act of Congress as unconstitutional– This is known as the power of “judicial review”– A further example of checks and balances