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Understanding the Judicial Branch: Structure, Powers, and Responsibilities

The Judicial Branch interprets laws, assesses their constitutionality through judicial review, and consists of 9 justices to avoid tie votes. Justices serve for life, shielding them from political pressure. While there are no specific qualifications for judges, many come from lower courts. The Chief Justice is John Roberts, with notable members including Ruth Bader Ginsberg and Clarence Thomas. Key functions include reviewing Congressional laws and upholding the Constitution as supreme. The Judicial Branch embodies constitutional flexibility, unwritten practices, and processes for amending laws.

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Understanding the Judicial Branch: Structure, Powers, and Responsibilities

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  1. Judicial Branch

  2. JOB • Interprets the laws • Determines if law is constitutional (judicial review) • There are 9 justices or judges, so there are no tie votes

  3. TERM • Life → so they are free from political pressure • How do you get RID of a judge? • Retire/Resign • Impeach • Die

  4. QUALIFICATIONS • No specific qualifications, but usually a judge from a lower court

  5. LEADER • Chief Justice

  6. MEMBERS • John Roberts (2005 by GWB) Chief Justice age 55 • Antonin Scalia (1986 by Reagan) age 74 • Anthony Kennedy (1988 by Bush) age 74 • Clarence Thomas (1991 by Bush) age 62 • Ruth Bader Ginsberg (1993 by Clinton) age 77 • Stephen Breyer (1994 by Clinton) age 72 • Samuel Alito (2006 by GWB) age 60 • Sonia Sotomayor (2009 by Obama) age 56 • Elena Kagan (2010 by Obama) age 50

  7. Average age of Supreme Court Justices… • 64 years old

  8. DUTIES • Judicial Review • Reviews laws Congress makes and determines if they are constitutional or not • Gave themselves this power in the case of Marbury v. Madison (1803)

  9. Anthony Kennedy Antonin Scalia John Roberts Chief Justice Clarence Thomas Sonia Sotomajor

  10. Stephen Breyer Ruth Bader Ginsberg Samuel Alito Elena Kagan

  11. Flexibility of the Constitution • Necessary and Proper Clause • Judicial Review • Supremacy Clause • The Constitution is the highest law in the land

  12. Unwritten Constitution • Things not specifically written in the Constitution but have become a part of government through time • Cabinet • Judicial Review • Political Parties • Lobbyist (outside people hired to convince gov’t officials to vote a certain way)

  13. Amendments • 27 amendments • Bill of Rights (1st ten amendments) • 2/3 vote of both houses of Congress needed to propose an amendment • ¾ of states needed to approve an amendment

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