“The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may occasionally ordain and establish.”

Courts of Appeals

There are twelve courts of appeals in the entire country

The court of appeals has no jury and only has three judges.

District Courts

94 courts scattered throughout the nation

Have original jurisdiction only

Cases heard by a judge and a jury

Each state has at least one federal district court

Many states have more than one

Marbury V. Madison

Established the precedent of judicial review for the Supreme Court

Video Notes

3-30-2025:Legitimacy of the JUDICIAL BRANCH

Judicial Review

The court has the power to rule on the constitutionality of laws

The court has the ability to establish national policy through judicial review

Precedents

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

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

Ex: Let’s say that you have a very valuable sentimental item in your room. You have a gift given to you that’s valuable to you, and your brother or sister breaks it or loses it. If you were violent and conflicted, the sibling is considered a precedent as they are aware of the consequences.

Ex: We had segregation, and judges believed that racial segregation was good, creating Jim Crow laws, which later the view was abandoned, therefore being a precedent of never doing that again.

Precedent: to stop something with full force

Loose Construction - Consider the Constitution a living, evolving document

Strict Construction - Interpret the Constitution as the words are literally written

Burger Court Decisions (Liberal Court)

A supported justice with liberal views

Roe v Wade

Repealed all state laws prohibiting abortion in the first trimester of pregnancy

United States v. Nixon

Restricted executive privilege

Rehnquist Court Decisions

Planned Parenthood v. Casey

- Restricted abortion rights

District of Columbia v. Heller

- Expanded access to gun ownership

Marbury v. Madison

Facts of the case

Thomas Jefferson defeated John Adams during the 1800 Presidential Election

Adams and Congress passed the Judiciary Act of 1801 before Jefferson took office on March 4, 1801

The Act created new courts, added judges, and gave the president more control over the appointment of judges.

The Act was to frustrate his successor as it appointed 16 new circuit judges and 42 new justices of the peace.

The appointees were approved by the Senate but weren’t valid till the Secretary of the Senate approved them.

Marbury was appointed to Justice of the Peace in the District of Columbia, but his commission wasn’t delivered

Marbury petitioned the Supreme Court to force the Secretary of State, James Madison, to deliver the documents

Questions

(Do the plaintiffs have a right to receive their commissions?)

Yes, plaintiffs have the right to receive their commissions, the Supreme Court ruled that law; however, the request is considered unconstitutional.

(Can they sue for their commissions in court?) Yes, with sufficient and logical evidence, they can sue the court if the commissions aren’t received.

(Does the Supreme Court have the authority to order the delivery of their commissions?) No, granting that power would be considered unconstitutional.

Judicial Review: Judicial Review is a process under which a government's executive, legislative, or administrative actions are subject to judicial review.

Reasons

To determine if the branches are consistent with the constitution or other laws.

Can invalidate actions to be unlawful

More crucial than Checks and Balances

The court has the power to rule on the constitutionality of laws

The court has the ability to establish national policy through judicial review

Why did the Constitution establish a court system?

The Constitution established a court system to ensure a balanced government, promote a fair justice system, and prevent tyranny.

Charts

The THREE BRANCHES of GOVERNMENT

The Framers created three equal-powered branches (legislative, executive, and judicial) to prevent any individual branch from becoming too powerful and secured by a system of Checks and Balances.

WHO GETS The JOB?

This multiple-step process is considered necessary as it helps pick what is regarded as the best overall candidate, whether it’s popularity, importance, or political influence.

WHICH COURT?

The federal court is considered more on governmental crime. Concurrent and state are considered more local crimes

Precedent - to stop something with full force

What two main principles guided the Court in Miranda?

A person has a right to remain silent otherwise, his statements may be used against him

A person has a right to an attorney

Online Research

Civil cases involve disputes between individuals or entities seeking compensation or remedies.

Criminal cases involve alleged violations of laws by individuals against the state, which may lead to imprisonment.

Note