The Judicial Branch

Hierarchy of the Federal Court System

• Supreme Court of the United States (SCOTUS)

• Courts of Appeals

• District Courts

Jurisdiction

• Describes the extent of the power of the court (What kind of cases can this court hear?)

Supreme Court of the United States (SCOTUS)

• Supreme Court only court officially established by the Constitution (Established in Article III)

• Judges of Supreme Court:

  • Appointed by the president

  • Confirmed by the Senate

  • Hold lifetime appointments

• Has both original and appellate jurisdiction

  • The scope of the original jurisdiction is narrow

• Has original jurisdiction in cases between two states or involving an ambassador or other public official

• The majority of cases that appear before the Supreme Court are appeals

Original Jurisdiction

• Can hear a case for the first time

Appelate Jurisdiction

• The court can only hear appeals from lower courts.

Courts of Appeals

District Courts

• Only has original jurisdiction

• 94 courts scattered throughout the nation

• Cases heard by a judge and a jury

• Each state has at least one federal district court

  • Many states have more than one

Judicial Review

• The court has the power to rule on the constitutionally of laws

• Not explicitly granted to the court by the Constititution

• Came from Marbury v. Madison

Precedents

• Whenever the court rules on a case, it creates a precedent

• The decision in question will act a like a template for future decisions

Stare Decisis

• Considers past precedents when making ruling, mandating courts to follow the precedence

Loose Constructionism

• Consider the Constitution a living, evolving document

Strict Constructionism

• Interpret the words as literally written

Burger Court

• Roe v. Wade

  • Repealed all state laws prohibiting abortion in the first trimester of pregnancy

• United States v. Nixon

  • Restricted executive privilege

• Liberalist

Rehnquist Court

• Planned Parenthood v. Casey

  • Restricted abortion rights

• District of Columbia v. Heller

  • Expanded access to gun ownership

• Conservatist

Judicial Activism

• When a court acts to establish policy and, in its deliberative work, considers the broad effects of a decision on society

Judicial Restraint

• Believes that judges are not appointed to make policy

• A law should be struck down only if it violates the actual written word of the Constitution

Dred Scott v. Sanford

• A landmark Supreme Court case in 1857 that ruled African Americans, whether free or enslaved, could not be American citizens and therefore had no standing to sue in federal court. The decision effectively upheld the legality of slavery in the United States.

Korematsu v. The United States

• A controversial Supreme Court case in 1944 that upheld the government's decision to intern Japanese Americans during World War II, citing national security concerns.

Checking the Judicial Branch

• Passing laws that modify the impact of prior decisions

• Constitutional Amendments

• Passing legislation that impacts the Court’s jurisdiction

• Judicial Appointments

• Not enforcing the decision handed down