Notes Constitution Article Three

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Article Three Thomas Sotomayor Scalia Kennedy Alito Kagan Ginsber g Breyer Powers given to the Judicial branch. Chief Justice Roberts

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Transcript of Notes Constitution Article Three

  • 1. Article Three Thomas Sotomayor Chief Justice Roberts Scalia Kennedy Alito Stevens Ginsberg Breyer Powers given to the Judicial branch.

2. The Supreme Court Article 3, Section 1: The judicial power shall be vested in one supreme court, and in such inferior courts as Congress may ordain and establish

  • This branch interprets and reviews the laws of the nation.This is called Judicial Review.
  • Remember: Congress creates the courts and decides the number of judges.
    • Supreme Court
    • Federal District Courts
  • There are also a myriad of other Federal Courts for:
    • Taxes
    • International Trade
    • Armed Forces
    • Land/Property Disputes)
  • Also each state creates their own system of courts, but can be overruled by the Supreme Court.

3. 4. Duties of the Courts Article 3, Sections 2 & 3: The SC is the court for Treason and crimes involving international ambassadors.

  • The Constitution doesnt describe much.Most powers come from:
    • Congress/laws.
    • Appeals by lower courts that set a precedent.
      • What is a precedent?
  • Arguments about rules and laws occur, naturally.
    • The court system is like an umpire making the final decision in a fair way, after hearing all of the evidence.
    • They review these laws, debate them, and then individually make a vote.
    • Each side then writes what their opinion is (Majority Opinion and Dissenting Opinion)

5. The High Court: SCOTUS (Supreme Court of the United States)

  • The Supreme Court is the highest in the land you cannot challenge its ruling.
    • The Court of Last Resort
    • Its job is to review and interpret how fair the laws of our Federal government and the 50 States are.
    • It will hear appeals.If you dont like a lower courts ruling, you can take it here.
  • The Court will only hear cases that deal with the Constitution or Federal law, or to set aprecedent .
    • Unconstitutionalis when a law is either against something written in the Constitution, or when there is no basis in the Constitution for that law.
  • Not just anybody can take its case here.Why?
    • Usually hears only between 60-100 cases per year.
    • SCOTUS carefully selects the cases it will hear, then argue.

6. Supreme Court Qualifications

  • Made up of 9 Supreme Court Justices, and one of those is the Chief Justice (currently John Roberts).
    • No age, citizenship, or residence requirement.
    • However, you must be harshly questioned and interviewed by Senate
      • Remember: theyapprove of Presidential appointments.This can be a very demeaning (Bork), but sometimes revealing event (Thomas, Miers).
    • In 2005, 2 Justices were named by President Bush, a very rare occurrence. (also, the White Sox won the World Series this year)
      • John Roberts, named Chief Justice
      • Samuel Alito

7. Once elected, you serve for life! 8. Lower Courts: Federal District Courts

  • 11 District Courts (all over the country, see map).
  • They are the Regional courts in our nation below the SCOTUS.
    • President appoints these judges for life, too.
    • 3 Judges per district, so 33 in total.
    • Hear the disputes/appeals from all states within their district.
  • They only deal with federal laws andhear the disputes of states that have been appealed.

9. Paths to the Supreme Court From theStateLevel From the Federal Level