The Federal Court System (& Supreme Court)

Article III (U.S. Constitution)= Founders based it on European tradition of law & courts already established(Articles I & II were more radical ideas)

Strengthened a weak court system which existed under the Articles of Confederation

Article 3 (Section 1)“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. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

What topics does the SCOTUS hear?• Same sex marriage• Obamacare• Racial segregation• Law enforcement • Education • Copyright laws• Censorship• Abortion• Prayer in schools• Freedom of

expression• Free speech

How does the SCOTUS work?The Court hears cases with relevance to Constitution (“reviews” cases)• Original jurisdiction (very rare)• Appellate jurisdiction (most common)

For the SCOTUS to review a case:1. Is it constitutionally

relevant?2. Has it caused harm?

Need 4 of 9 justices to “sign off” to hear case

Hear approximately 80-100 cases/session (Over 10,000 cases filed)

SCOTUS Facts:• Review “Constitutionality” of US

laws• Hear 2-3 cases per day (Oct.-June)• Each side gets 30 minutes to argue

their side of the case (timed)• Justices serve “lifetime” terms• No specific requirements to serve• Each Justice has his or her own

legal team and offices• SCOTUS decisions are final (unless

the SCOTUS reverses itself)• Justices nominated by POTUS,

confirmed by U.S. Senate

Confirmation Votes of all SCOTUS Justices:

Elena Kagen (Obama) 63-37

Sonia Sotomayor (Obama) 68-31

Samuel Alito (W. Bush) 58-42

John Roberts (W. Bush) 78-22

Stephen Breyer (Clinton) 87-9

Ruth Bader Ginsburg (Clinton) 96-3

Clarence Thomas (H.W. Bush) 52-48

Anthony Kennedy (Reagan) 97-0

Antonin Scalia (Reagan) 98-0