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Article III: Judicial Branch

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.

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Article III: Judicial Branch

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  1. Article III: Judicial Branch

  2. 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

  3. 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.

  4. 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

  5. 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 Submits nominees to the Senators from that state • If one disapproves, the nomination is withdrawn • 4.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

  6. 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.

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

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