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

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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?”