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The Judicial Branch
The third branch of the government, which consists of a series of Federal Courts
Article III of the Constitution defines the duties of the courts
The Federal Court System
The lower courts are divided according to the types of cases over which have the authority
Each state has at least one district court
Above the lower courts are 13 courts of appeals, if a defendant feels that their rights were violated they can have their case retried here
After the appeals process the Supreme Court has the final choice to
review the case
However with the number of cases the Supreme Court usually only reviews cases
that are major
Requirements for Justices
There are no age requirements for Justices, however one must first acquire a law degree and also practice
Usually the next step to become a judge at a lower
court
The President of the United States then makes the appointment to the court
Before it becomes official the candidate must be approved by the Senate
The term of a Justice once approved is for life
This is to assure that the Judges decisions are free from outside pressure
So that they can do their job which is to interpret the Constitution and other laws to determine their Constitutionality
Famous Decisions since it’s beginning
Marbury v. Madison 1803
This was the case that made the Supreme Court what it is today because it set up the power of
Judicial Review by not requiring President Jefferson to honor
Adams’s last second appointments
McCulloch v. Maryland 1819
After the War of 1812 the court ruled that Congress had the right
to charter a National Bank
This established National supremacy it has the priority
over state law
Plessy v. Ferguson 1896
This case upheld the Constitutionality of racial segregation
“Separate but Equal” is what this case became know for, blacks and whites
could be separated as long as there are equal facilities
Brown v. Board of Education 1954
This case reversed the “Separate but Equal” case of 1896, a young African American girl was told that she would have to be bused across town to attend the black school
This brought to the courts attention that these facilities were not equal and this
case ended school segregation causing quit a stir in the southern states
Gideon v. Wainwright 1963
This ruling established free legal help for those who cannot otherwise afford
representation in court
The Court agreed that the sixth amendment (which protects a citizen’s right to have a lawyer) and states are
required to provide them with one
Miranda V. Arizona 1966
This decision ruled that an accused person’s 5th Amendment rights begin at the time of
arrest. This caused questioning and collecting evidence more difficult for law enforcement
“You have the right to remain silent anything you say or do can be used against you in a court of law, you have a right to an attorney if you can’t afford one, one will be appointed for you, do you understand these rights?”