ARTICLE THREE

• SETS UP THE JUDICIAL BRANCH

Article ThreePowers given to the Judicial

branch.

Thomas Ginsberg

Chief Justice Roberts

ScaliaKennedy

Alito

Stevens Souter

Breyer

Supreme Court QualificationsMade 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: they approve 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 JusticeSamuel Alito

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 don’t like a “lower court’s”

ruling, you can take it here.The Court will only hear cases that deal with the

Constitution or Federal law, or to set a precedent. Unconstitutional is 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.

The Supreme CourtArticle 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 CourtFederal District Courts

There are also a myriad of other Federal Courts for:TaxesInternational TradeArmed ForcesLand/Property Disputes)

Also each state creates their own system of courts, but can be overruled by the Supreme Court.

APPELLATE JURISDICITION

• is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts

A PERSON ACCUSED OF A CRIME IS GUARANTEED THE

RIGHT TO…• A TRIAL BY JURY

treason• IF YOU LEVY WAR AGAINST US,

ADHERE TO THE ENEMIES AND IN ANY WAY GIVE THEM AID OR COMFORT

THE JUDICAL BRANCH

• DECLARES LAWS AND ACTS UNCONSTITUTIONAL

Once elected, you serve for life!

WHY DO JUDGES SERVE LIFE TERMS?

• SO THEY CAN BE LEFT TO THEIR JOB WITH NO THREAT OF LOSING IT!

Appeals are handled through appeal courts

THE JUDICIAL BRANCH CONSISTS OF…The judicial branch consists of the Supreme

Court and the lower federal courts, including the Courts of Appeal (also known as Circuit Courts or Appellate Courts), federal district courts, bankruptcy courts, and courts of federal claims.

The courts of the federal judiciary hear both civil and criminal cases appealed from state courts. Their original jurisdiction covers cases relating to patents, trademarks, claims against the federal government, bankruptcy, financial securities, maritime law, and international claims

THE FEDERAL COURT DOES NOT HEAR CASES INVOLOVING…

CRIMINALCIVIL

EQUITYSTATUTORY

OR COMMON LAW

SUPREME COURT HAS POWER TO

DECLARE LAWS UNCONSTITUTIONAL

Paths to the Supreme Court

From the State Level

From the Federal Level

WHAT DO I DO NOW?1. Open binder to Constitution Packet question 47

2. WRITE STOP after question 56

3. HUGHLIGHT ANSWERS IN BOOKLET!!!!!!!!!!!!

4.SMILE! YOU ARE DONE!