the judicial branch lower courts, supreme court. judicial branch the constitution establishes a...
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The Judicial Branch
Lower Courts, Supreme
Court
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Judicial Branch• The Constitution establishes a Supreme
Court – the top of the American judicial system.
• Article III of the Constitution describes the Judicial Branch.
• The Constitution also authorized Congress to establish any other courts that are needed
• Under the Judiciary Act of 1789, Congress set up the system of federal courts that is still in place today
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Lower Courts• Most cases begin in district court where
evidence is presented and a jury or judge decides the facts of the case.
• A party that disagrees with the decisions may appeal it – ask the decision to be reviewed by a higher court.
• Next level is the appellate court where the judge reviews decisions of district courts to make sure the right decision was made.
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Supreme Court• The Court is made up of a Chief Justice and
eight Associate Justices– Chief Justice –John G. Roberts, Jr. – Justices – John Paul Stevens, Antonin Scalia,
Anthony Kennedy, David Hackett Souder, Clarence Thomas, Ruth Bader Ginsberg, Stephen Breyer, Samuel Alito
• The President appoints the justices but Congress must approve the appointment
• Justices serve for life• The main job of the Court is to serve as the
nation’s final court of appeals
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Supreme Court Cont’d
• Hears and decides fewer than 100 cases per year
• Usually involve federal laws• The justices hear oral argument and then
vote – must have the majority of at least 5 justices.
• Greatest power is to decide what the Constitution means– Declare whether acts of the President or laws
passed by Congress are unconstitutional – not allowed under the Constitution
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Jurisdiction• Refers to the right of a court to hear a case• Federal courts have jurisdiction over cases
that involve the Constitution, federal laws, treaties, foreign ambassadors and diplomats, naval and maritime laws, disagreements between states, and disputes between a state or citizen and a foreign state or citizen
• In Marbury v. Madison, the Supreme Court established the right to judge whether or not a law is constitutional– Called Judicial Review
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United States Court System
• State Court– Highest state court– Hears appeals of
Appellate Court
• Appellate Court– Hears appeals of Trial
Court
• Trial Court– Hears civil and
criminal cases– Juries render verdict
based on evidence– Judges enforce rules
of procedure
• Supreme Court• Court of Appeals
– Hears appeals of cases originating in United States District Court
– Can review decisions by federal administrative agencies
• District Court– Federal trial court– Handles criminal and
civil cases– Juries render verdicts
and judges enforce rules of procedure
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Historic Supreme Court Cases
• McCulloch v. Maryland (1819) -- A conflict arose between a state government and the Federal government, with the state government being declared subordinate to the Federal government where laws conflict.
• Dred Scott v. Sanford (1857) -- Slaves were classified as property. This case fueled the flames that began the Civil War
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• Plessy v. Ferguson (1896) -- This famous case laid the groundwork for the "separate but equal doctrine" that limited the rights of minorities for decades.
• Schenck v. United States (1919) -- "Clear and Present Danger" was established in this case as an acceptable reason for the limiting of free expression.
• Powell v. Alabama (1932) -- The Supreme Court ruled here that the right to counsel was required by law in death penalty trials.
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• Brown v. Board of Education of Topeka (1954) -- A tremendous step in the direction of equal rights for all citizens.
• NAACP v. Alabama (1958) -- Freedom of association (the right to assemble in groups) was protected here.
• Miranda v. Arizona (1966)- that a person accused has the warning that statements given can a will be used against you in a court of law
• Roe v. Wade (1973) -- In this highly controversial case the Supreme Court laid down what states can and cannot control in regards to abortions.
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Recent Notable Decisions