Notes Constitution Article Three
of 9
/9
Embed Size (px)
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