ARTICLE III: JUDICIAL BRANCH

ARTICLE III SECTION I

• Interprets laws passed by the Judicial Branch

• United States Supreme Court- highest court in the United States- inferior courts handle state and local cases

• Judiciary Act of 1789- established structure of court system

US SUPREME COURT

• Nine Justices and One serves as Chief Justice

• John Roberts- current Chief Justice of Supreme Court

• Justices serve for life or until they retire or are impeached

• SCOTUS justices earn $200,000/year.

DUTIES OF SUPREME COURT JUSTICES

• Not described in the Constitution • Developed from laws, tradition, and specific needs• Main duty: hear and rule on cases

• Expressing their explanation in the Court’s opinion

• Each justice oversees a federal district

• Special situations• Justice Earl Warren investigated the Kennedy assassination

SELECTION OF FEDERAL JUDGES• Presidential appointment and

Senate approval• 1. Party Affiliation• 2. Judicial Philosophy• Strict vs. Liberal Interpretation

• 3. Senatorial Courtesy• Pres. Submits nominees to the

Senators from that state• If one disapproves, the

nomination is withdrawn• 4. Background of Federal

Judges• Almost all of them have legal

training from top schools• Recently, more women and

minorities are gaining seats

INTERPRETING LAWS

• Strict Constructionists: laws and the Constitution should be interpreted according to their wording. • If the wording is vague, the judge should look at the

historical context for the author’s intended meaning (primary source documents)

• Liberal Constructionists: laws and the Constitution should be interpreted in the light of current political and social conditions.

CASES HEARD BY SUPREME COURT

• Cases Involving Constitution• Violations of Federal Law• Controversies Between States• Disputes Between Parts of Different States• Suits Involving Federal Government• Cases Involving Foreign Governments• Cases Involving Maritime Laws• Cases Involving US Diplomats

JUDICIAL REVIEW

• Ability of the court system to decide the constitutionality of laws

• Marbury v. Madison (1803)- case that gave court system ability to declare laws unconstitutional

WHAT INFLUENCES A JUDGE’S DECISION?

• Precedent- standard set by previous laws- Stare Decisis: “let the decision stand”

• Social conditions/change- race, abortion

• Legal and personal views

LIMITS ON THE SUPREME COURT

• Court officials can be impeached

• Court officials have to be appointed by the President and confirmed by the Senate

• Court rulings can be ignored or changed if Congress amends laws or the Constitution

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ARTICLE III

• Section II• Has jurisdiction over cases within the United States• Trial of crimes by jury and held in state where crime

committed• If committed outside US, Congress declares where trial is

held (ex: terrorism cases)

• Section III• Treason - levying war against US, giving aid and comfort

to US enemies• Need two witnesses to treasonous act

CHECKS ON OTHER BRANCHES

• Checks on the Legislature • Judicial review• Seats are held on good behavior• Compensation cannot be diminished

• Checks on the Executive • Judicial review• Chief Justice sits as President of the

Senate during presidential impeachment