The American judicial system is one of the nation’s mostimportant institutions. It is up to the courts that make upthe judicial branch to see that our nation’s laws are justlyenforced. It is also up to the courts to interpret the lawsand to preserve and protect the rights the Constitutionguarantees. Find out the location of the nearest federaldistrict court and court of appeals and the names of thejudges in these courts. Prepare an informational directory.

To learn more about the judicial branch, view theDemocracy in Action video lesson 11: The Federal CourtSystem at Work.

Compare and Contrast Study Foldable Make this foldable to help youdetermine similarities and differences between the federal courts and theSupreme Court of the United States.

Step 1 Fold one sheet of paper inhalf from top to bottom.

Reading andWriting As you read,write informationunder each appropriatetab to help youcompare and contrastthe purpose andorganization of thesecourts.

Step 2 Fold it in half again, fromside to side.

190

The Supreme Court building inWashington, D.C. ▲

This cut willmake two tabs.

FederalCourts

SupremeCourt

PhotoDisc

Step 3 Unfold the paperonce, label it, and cut up thefold of the top flap only.

Chapter Overview Visit the CivicsToday Web site at civ.glencoe.comand click on Chapter Overviews—Chapter 8 to preview chapterinformation.

GUIDE TO READING

Main Idea

Three levels of federalcourts try to ensure thateveryone in the UnitedStates receives equal justice under the law.

Key Terms

jurisdiction, exclusivejurisdiction, concurrentjurisdiction

Reading Strategy

Organizing InformationAs you read, complete aweb diagram similar tothe one below by listingthe eight kinds of casesfor which federal courtshave exclusive jurisdiction.

Read to Learn

• How did the federalcourt system originate?

• What kinds of casesare handled in federalcourts?

The Federal Court System

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192 Chapter 8 The Judicial BranchSeattle Post-Intelligencer Collection; Museum of History & Industry/CORBIS

In 1942 the government dismissedMitsuye Endo from her civil service job inCalifornia and ordered her to a relocationcenter. Although Endo was a U.S. citizen with a brother serving in the U.S. Army, sheand other Japanese Americans were forcedinto relocation camps during World War IIbecause the government questioned theirloyalty. Endo took the matter to the SupremeCourt and won her case. The Court ruled thatEndo “should be given her liberty.” JusticeWilliam O. Douglas proclaimed that “loyalty is a matter of the heart and mind, not ofrace, creed or color . . .”

Equal Justice for AllIn the 1940s, the Supreme Court upheld an act of

Congress that allowed the relocation of thousands of JapaneseAmericans to internment camps. The Supreme Court claimedsuch camps were constitutional. Later the United States gov-ernment would acknowledge the injustice of the camps andapologize. Shortly after the Court made its decision in the Exparte Endo case, many detained Japanese Americans werereleased and returned home.

Federal courts, like the Supreme Court, make up the thirdbranch of the U.S. government. Courts use the law to settlecivil disputes and to decide on the guilt or innocence of peopleaccused of crimes.

Whether a civil dispute is between two private parties(people, companies, or organizations), between a privateparty and the government, or between the United States anda state or local government, both sides come before a court.Each side presents its position. The court then applies thelaw to the facts that have been presented and makes a deci-sion in favor of one or the other. The courts also hold crim-inal trials in which witnesses present evidence and a jury ora judge delivers a verdict.

Japanese Americanswere locked up ininternment campsduring World War II.

U.S. FederalCourts

Federal Judicial Circuits and Districts

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2

3

467

11

12

5

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TX

NMAZ

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OR

WA

MT

IDWY

UT COKS

NE

SD

NDMN

IA

MO

AROK

LAMS AL GA

FL

SC

NC

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OHINIL

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D.C. Circuit

NJ

DEMD

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State and district boundaryDistrict boundaryJudicial circuits5

Chapter 8 The Judicial Branch 193

The United States SupremeCourt is at the top of the federalcourt system. If you visit the Court,you will see the words “Equal JusticeUnder Law” on the face of its marble build-ing. Our legal system is based on thisimportant ideal. The goal of the legal sys-tem is to treat every person the same.Under the Constitution, every personaccused of breaking the law has the right tohave a public trial and a lawyer. If anaccused person cannot afford a lawyer, thecourt will appoint and pay for one. Eachperson is considered innocent until provenguilty and has the right to ask for a reviewof his or her case if, in that person’s view,the courts have made a mistake.

The ideal of equal justice is difficult toachieve. Judges and juries are not free frompersonal prejudices or the prejudices of

their communities. Poor people do not havethe money to spend on the best availablelegal help, unlike wealthy citizens and largecompanies. Nonetheless, American courtstry to uphold the ideal of equal justice.

Defining What is the goalof the U.S. court system?

The Federal Court SystemThe Founders created the federal court

system in Article III of the Constitution.This article established a national SupremeCourt. It also gave Congress the power toestablish lower federal courts.

Kelly-Mooney Photography/CORBIS

Each state is assignedto one of the 12 judicialcircuits. Which circuitcovers the largest geographical area?

Over the years, Congress has createdtwo kinds of lower courts. In 1789 it passedthe Judiciary Act, which established federaldistrict courts and circuit courts of appeals.Much later, in 1891, Congress created asystem of federal appeals courts. Thus, thefederal court system has three levels—thedistrict courts at the bottom, the appealscourts in the middle, and the SupremeCourt at the top.

Our federal court system exists along-side 50 separate state court systems. Eachstate has its own laws and courts. The statecourts get their powers from state constitu-tions and laws. You will read more aboutstate courts in Chapter 12.

Cases Heard in Federal CourtsJurisdiction is a court’s authority to

hear and decide cases. Article III of theConstitution gives the federal courts juris-diction over eight kinds of cases.

Cases Involving the Constitution Ifthe law in question applies to the U.S.Constitution, the case must be heard in afederal court. For example, if a personbelieves a constitutional right, such as free-dom of speech, has been violated, that per-son has a right to be heard in a federal court.

Violations of Federal Laws If thegovernment accuses a person of a federalcrime—for example, kidnapping, tax eva-sion, or counterfeiting—a federal courthas jurisdiction. Disputes regarding theissues over which the Constitution givesthe federal government control, such aspatent rights or bankruptcy, also go to afederal court.

Controversies Between States Dis-agreements between state governments areresolved in federal courts. If Colorado andCalifornia, for example, disagree over rightsto water in the Colorado River, it is a fed-eral case.

Disputes Between Parties FromDifferent States Lawsuits between cit-izens of different states also come under thefederal courts. For example, Ms. Jones ofMaine may bring suit in a federal courtagainst Mr. Smith of Iowa for not fulfillinghis part of a business agreement.

Suits Involving the Federal Govern-ment The U.S. government may suesomeone. For example, the DefenseDepartment might sue a company thatcontracted to build missile parts but didnot complete the work on time. The suitwould be heard in a federal court. Also, pri-vate parties can sue the government. Forinstance, if a mail truck hit you, you couldsue the U.S. Postal Service for damages; orif the Department of Agriculture failed topay your company for equipment itordered, you could sue for your money.

Cases Involving Foreign Govern-ments and Treaties Any disputebetween a foreign government and eitherthe U.S. government or an American pri-vate party is heard in a federal court. Atreaty case might involve a dispute over theway the State Department interpreted atrade agreement.

Reuters NewMedia Inc./CORBIS

A Federal Crime This U.S. Secret Serviceagent displays counterfeited Federal Reservebonds. More than $2 trillion worth of fake bondswere seized in the Philippines in this incident in2001. What type of court—federal or state—would try this case?

Checking for Understanding

1. Key Terms Define jurisdiction.Then explain the differencebetween exclusive and concur-rent jurisdiction.

Reviewing Main Ideas 2. List Name the three levels of

federal courts. What is the rela-tionship between the federal dis-trict court system and the statecourt system?

3. Explain Define what is meant bythe words that are inscribed onthe United States SupremeCourt building: “Equal JusticeUnder Law.”

Critical Thinking

4. Making Inferences Why do youthink Congress established fed-eral appeals courts in 1891?

5. Organizing Information On a chart like the one below, writethe eight kinds of cases forwhich federal courts have juris-diction and give an example ofeach kind of case.

Analyzing Visuals

6. Identify Study the map of fed-eral judicial circuits and districtson page 193. Which judicial cir-cuit is your state in?

SECTION ASSESSMENT

Cases Based on Admiralty andMaritime Laws These laws concernaccidents or crimes on the high seas. Onerecent case involved a dispute over therights to millions of dollars in sunken treas-ure recovered from a shipwreck 160 milesoff the coast of South Carolina.

Cases Involving U.S. Diplomats If,for example, an American diplomat work-ing in the U.S. embassy in France isaccused of breaking an American law, thecase would go to a federal court.

Relation to State Courts

For most of the areas just described,federal courts have exclusive jurisdiction,which means that only these courts mayhear and decide such cases. State courtshave jurisdiction over all other matters.Most U.S. court cases involve state law andare tried in state courts.

In a few circumstances, however, a casecan be heard in either a state or a federalcourt. In these instances, the state and fed-eral courts have concurrent jurisdiction,meaning that they share jurisdiction. Eithercourt may try crimes that violate both stateand federal law. Concurrent jurisdictionalso applies when citizens of different statesare involved in a dispute concerning at least$50,000. In such a case, a person may suein either a federal court or a state court. Ifthe person being sued insists, however, thecase must be tried in a federal court. Suchappeals might eventually reach the UnitedStates Supreme Court.

Identifying Which articleof the Constitution lists the jurisdiction offederal courts?

�BE AN ACTIVE CITIZEN�7. Research Find the United States

Supreme Court in the library oronline. Select a famous casedecided by the Supreme Court.Of the eight kinds of cases forwhich federal courts have juris-diction, which kind does thecase you found fall under?

Chapter 8 The Judicial Branch 195

BankruptcyBankruptcy is a legal proceeding in whichpeople or companies can be released from all or most of their debts. Because theConstitution gives Congress the right toestablish bankruptcy laws, cases cannot beheard in state courts. Jurisdiction belongsexclusively to special federal bankruptcycourts. Invite a loan officer from a local bankto class to discuss the pros and cons ofdeclaring bankruptcy.

Kinds ofCases

Examples

GUIDE TO READING

Main Idea

Three levels of federalcourts—district courts,appeals courts, and theSupreme Court—handle a wide array of casesevery year.

Key Terms

district courts, originaljurisdiction, appealscourts, appellate juris-diction, circuit, remand,opinion, precedent

Reading Strategy

Analyzing Information Asyou read, take notes on agraphic organizer like theone below. Why is a pyra-mid chart appropriate forthe federal court system?

Read to Learn

• How do the three levelsof federal courts differ?

• How are federal judgesselected?

How FederalCourts AreOrganized

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196 Chapter 8 The Judicial BranchAP/Wide World Photos

Mary M. Schroeder used to be a judge for the Arizona Courtof Appeals in Phoenix. Now she’s the chief judge of the United StatesCourt of Appeals for the Ninth Circuit. She is the first woman to serve inthis post in the Ninth Circuit. This,the largest circuit, comprises theseven westernmost continentalstates, plus Alaska, Hawaii, and theislands of Guam and the NorthernMarianas. Schroeder has come along way from the days in the1960s, when she was one of just sixwomen in her law school class. Herrole, and that of other female judges,says Schroeder, is “not to feminizethe courts but to humanize them.”

U.S. District CourtsJudge Schroeder serves in a U.S. district court, which is part

of the federal court system.The federal court system can be illus-trated as a pyramid.The Supreme Court sits alone above a num-ber of appeals courts, and has a broad base of district courts.

Most federal cases are handled in the 94 U.S. districtcourts. District courts are the federal courts where trials areheld and lawsuits are begun. Every state has at least one districtcourt, and some states have two, three, or four. All federal casesmust begin in a district court, because district courts haveoriginal jurisdiction, the authority to hear cases for the firsttime. District courts are responsible for determining the factsof a case; they are the trial courts for both criminal and civilfederal cases. Thus, in a criminal case, a district court willdecide if a person is guilty or innocent based on the evidencepresented. District courts are the only federal courts in whichwitnesses testify and juries hear cases and reach verdicts.

Explaining What is the purpose of federaldistrict courts?

The Ninth U.S. Circuit Court of Appeals

SupremeCourt

AppealsCourts

District Courts

U.S. Courts of Appeals A large percentage of people who lose

their cases in a district court appeal to thenext highest level—a U.S. court of appeals.These courts are also referred to as federalappeals courts, circuit courts of appeals, orappellate courts.

The job of the appeals courts is toreview decisions made in lower districtcourts. This is referred to as appellatejurisdiction, or the authority of a court tohear a case appealed from a lower court.Lawyers usually appeal when they think thejudge in their case applied the law incor-rectly, used the wrong procedures, or if newevidence turns up. Appeals courts may alsoreview federal regulatory agency rulings, ifthe people or groups involved believe theagency acted unfairly.

There are 12 United States courts ofappeals. Each one covers a particular geo-graphic area called a circuit. In addition, athirteenth appeals court, the Court ofAppeals for the Federal Circuit, has nation-wide jurisdiction to hear special cases, suchas those involving patent law or interna-tional trade.

Making a Decision Appeals courts do not hold trials.

Instead, these courts may decide an appealin one of three ways: uphold the originaldecision, reverse that decision, or remandthe case, that is, send the case back to thelower court to be tried again.A panel of three or morejudges reviews the record ofthe case being appealed andlistens to arguments fromlawyers for each side. Thejudges then meet and make adecision by majority vote.

The judges do not decidethe guilt or innocence of adefendant in a criminal case

or which side should win in a civil lawsuit.They rule only on whether the defendant’srights have been protected and on whether heor she received a fair trial. In the majority ofcases, the decision of the appeals court is final.In some cases, however, lawyers may appealthe decision to the U.S. Supreme Court.

Announcing the Decision When an appeals court makes a deci-

sion, one judge writes an opinion for thecourt. The opinion offers a detailed expla-nation of the legal thinking behind thecourt’s decision. The opinion sets a prece-dent for all courts and agencies within thedistrict. A precedent gives guidance toother judges by offering a model upon

Chapter 8 The Judicial Branch 197Mark Burnett/Stock Boston

United StatesCourt System

U.S. courthousein Texas

U.S. Supreme Court

(Justices/No Jury)

(Judges/No Jury)

U.S. Courts of Appeals

(Judges and Juries)

U.S. District Courts

Jurisdiction: Limited originaljurisdiction and appellatejurisdiction

Jurisdiction: Appellate

Jurisdiction: Original

The organization and jurisdictionof the U.S. court system is basedon the U.S. Constitution and fed-eral laws. What is the differencebetween appellate and originaljurisdiction?

198 Chapter 8 The Judicial Branch

which to base their own decisions on simi-lar cases. A precedent does not have theforce of law, but it is a very powerful argu-ment to use in court. Judges and courts fol-low precedents in nearly all cases.

Describing What does itmean if the judge remands a case?

Federal JudgesThe chief decision makers in the judi-

cial branch are the federal judges.There aremore than 550 judges who preside over thedistrict courts. Each district court has atleast two judges. Some district courts inhigh-population areas have more judgesbecause there are more cases to hear. Eachappeals court has from 6 to 27 judges. TheSupreme Court has 9 justices.

Selection and Tenure of Judges According to the U.S. Constitution, the

president appoints judges, with the approvalof the Senate. The Constitution sets forthno particular qualifications for federaljudges. Presidents want to appoint judges

who share their ideas about politics and jus-tice. Thus, they usually choose people whobelong to their political party. Becausejudges are appointed for life, presidentsview their judicial appointments as anopportunity to affect the country after theyhave left the White House.

When naming judges, presidents usuallyfollow a practice called senatorial courtesy.Under this system, a president submits thename of a candidate for judicial appoint-ment to the senators from the candidate’sstate before formally submitting it to theentire Senate for approval. If either or bothsenators object to the candidate, the presi-dent will usually withdraw the name andnominate another candidate. The practiceof senatorial courtesy usually applies onlyto the selection of judges to the districtcourts and other trial courts, not to theselection of judges to courts of appeals orthe Supreme Court.

Once appointed, federal judges mayhave their jobs for life. A judge can beremoved from office only through theprocess of impeachment.The writers of theConstitution gave federal judges this sort ofjob security because they wanted judges tobe able to decide cases free from public orpolitical pressures. Federal judges knowthat their jobs are safe even if they makeunpopular decisions.

Other Court Officials Judges do notwork alone.They have help from clerks, sec-retaries, court reporters, probation officers,and other workers.

Each district court has magistratejudges. These officials take care of muchof a judge’s routine work. They issuecourt orders, like search and arrest war-rants in federal cases. They hear prelimi-nary evidence in a case to determinewhether the case should be brought to trial. They also decide whether peoplewho have been arrested should be held

AP/Wide World Photos

John Ashcroft As attorney general, the head ofthe Department of Justice, and the chief lawenforcement officer of the federal government,Ashcroft represents the United States in legalmatters. What court officials report to theattorney general?

Checking for Understanding

1. Key Terms Use the followingterms in sentences: districtcourts, original jurisdiction,appeals courts, appellate jurisdiction.

Reviewing Main Ideas2. Describe What takes place in

federal district courts that doesnot happen in federal appealscourts or in the Supreme Court?

3. Identify Explain the three rul-ings that are possible in a U.S.court of appeals case.

Critical Thinking

4. Making Judgments Do youagree with the practice ofappointing federal judges forlife? Explain your answer.

5. Making Comparisons On aVenn diagram like the one below, compare U.S. districtcourts to U.S. courts ofappeals.

Analyzing Visuals

6. Identify Review the organizationof U.S. courts on page 197.What type of jurisdiction do U.S.Courts of Appeals have? Explainwhat this means.

SECTION ASSESSMENT

in jail or released on bail.Magistrates may also hearminor cases.

Every federal judicialdistrict also has a UnitedStates attorney and one ormore deputies. The U.S.attorneys are government lawyers whoprosecute people accused of breaking fed-eral laws. They look into complaints ofcrime, prepare formal charges, and thenpresent evidence in court. It is the U.S.attorney’s job to represent the UnitedStates in civil cases in which the govern-ment is involved. U.S. attorneys areappointed to four-year terms by the presi-dent, with consent of the Senate. Theyreport to the attorney general of theUnited States, who is the head of theJustice Department.

Each federal judicial district also has aUnited States marshal. Marshals and theirstaffs make arrests, collect fines, and takeconvicted persons to prison. They protectjurors, keep order in federal courts, and servelegal papers, including subpoenas. A sub-poena is a court order requiring someone toappear in court. Marshals work for theDepartment of Justice. The presidentappoints U.S. marshals with Senate approval.

Defining What issenatorial courtesy?

�BE AN ACTIVE CITIZEN�7. Write Create a job description

for a federal district judge. Includethe qualifications you believe fed-eral judges should have.

Chapter 8 The Judicial Branch 199(l)Fabian Falcon/Stock Boston, (r)Bettmann/CORBIS

Enforcing Laws A U.S. marshal in the West in the 1800s was oftenthe only law enforcement officer interritories that had not yet becomestates. Today, marshals makesure the federal judiciary runssmoothly. What are the duties of U.S. marshals today?

DistrictCourts

AppealsCourts

Both

GUIDE TO READING

Main Idea

The Supreme Court’sdecisions have wide-ranging effects becausecourt justices interpretthe meaning of the U.S.Constitution.

Key Terms

constitutional, judicialreview

Reading Strategy

Summarizing InformationOn a graphic organizersimilar to the one below,describe the powers ofthe Supreme Court andgive an example of each.

Read to Learn

• Who serves asSupreme Court justices?

• What are the powers ofthe Supreme Court?

The United StatesSupreme Court

SECTION

200 Chapter 8 The Judicial BranchCrandall/The Image Works

Stephen G. Breyer received President Bill Clinton’sSupreme Court nomination on May 14, 1994. The Senate confirmedBreyer with an 87–9 vote. Breyer has summarized his view of the Court’s role in the following way: “It is important that the public, trying to cope with the problems of the nation, state, and local community, understand that the Constitution does not resolve, and was notintended to resolve, society’s problems. Rather, theConstitution provides a framework for the creation of democratically determined solutions, whichprotect each individual’s basic liberties . . . ,while securing a democratic form of government. We judges cannot insist thatAmericans participate in that government,but we can make clear that our Constitution depends upon it.”

The Supreme Court JusticesAs Justice Breyer implied, the Supreme Court exerts its

influence all across the United States.The Court stands aboveall other courts. Its main job is to decide whether laws areallowable under the U.S. Constitution.

The Supreme Court has original jurisdiction in only twoinstances. It can preside over trials in cases that involve diplomatsfrom foreign countries and in cases in which a state is involved.In all other instances, the Supreme Court hears cases that havecome on appeal from lower district courts or from federal regula-tory agencies.The Supreme Court is not required to hear all thecases presented to it. It carefully chooses the cases it hears. It hasfinal authority in any case involving the Constitution, acts ofCongress, and treaties with other nations. The decisions of theCourt are binding on all lower courts.When the Court refuses toreview a case, the decision of the lower court remains unchanged.

The Supreme Court is made of eight associate justices ledby a chief justice. Congress sets this number and has the power to change it. The justices are important political decision makers. Their rulings often affect citizens as much asdo presidential or congressional decisions.

Powers ofthe Supreme

Court

Justice Breyer

Chapter 8 The Judicial Branch 201

The main duty of justices is to hear andrule on cases. They choose which cases tohear from among the thousands appealedto the Court each year, then decide the caseitself and issue a written explanation for thedecision, called the Court’s opinion. Thechief justice has additional duties, such aspresiding over sessions and conferences atwhich cases are discussed.

Selection of Justices The president appoints Supreme Court

justices, with the consent of the Senate.Presidents are careful to choose nomineeswho are likely to be approved by theSenate.When selecting nominees, the pres-ident often gets help from the attorney gen-eral and other Justice Department officials.The president’s decision may also be influ-enced by the American Bar Association, thelargest national organization of attorneys;interest groups, such as labor and civilrights groups; and other Supreme Courtjustices, who may recommend or supportcertain candidates. Senators have usually

felt that the president should have a fairlyfree hand in appointing new justices.Throughout history, though, the Senate hasrejected many presidential nominees to theSupreme Court because of doubts aboutthe qualifications or the legal philosophy ofthe persons nominated.

Background of the Justices Supreme Court justices are always

lawyers. They have had successful careerspracticing or teaching law, serving as judgesin lower courts, or holding other publicpositions prior to appointment.

Political support and agreement withthe president’s ideas are important factorsin who gets appointed. Of course, onceappointed, a justice may make rulings thatthe president does not like.

The first African American justice,Thurgood Marshall, joined the Court in1967. The first female justice, Sandra DayO’Connor, was appointed in 1981.

Identifying Who makes upthe Supreme Court?

Breen/Copley News Service

Analyzing Visuals In 2000Americans voted for the presi-dent on November 7, butbecause of an unprecedenteddispute over the counting ofballots, the winner of the election was not declareduntil December 13. Why doyou think the cartoonistpicked these figures to depictin the cartoon? What doesthe seesaw represent?

A

B

C

Al Gore George W. Bush Supreme CourtCBA

202 Chapter 8 The Judicial Branch

Powers of the CourtThe powers of the Supreme Court have

developed since its creation. Today theSupreme Court enjoys a great deal of powerand prestige. The legislative and executivebranches of government must follow therulings of the Supreme Court. Because theSupreme Court is removed from politicsand from the influences of special-interest

groups, it is more likely that the partiesinvolved in a case before the Court will geta fair hearing.The Court exercises politicalinfluence in several ways. The most impor-tant is through the use of judicial review.Additionally, the Court interprets themeaning of laws.

Judicial Review A significant job of the Supreme Court

is to decide whether laws or actions bygovernment officials are allowed by theConstitution, or are constitutional. Itdoes this through a process called judicialreview. This is the power to say whetherany federal, state, or local law or govern-ment action goes against the Constitution.If the Court decides a law is unconstitu-tional, it has the power to nullify, or cancel,that law or action. Former Chief JusticeCharles Evans Hughes described the greatpower of judicial review when he said,

“We are under a constitution, butthe Constitution is what theSupreme Court says it is.”

Marbury v. Madison The Constitu-tion does not give the Supreme Court thepower of judicial review.The Court claimedthis power in 1803, when it decided thecase of Marbury v. Madison. ; See Landmark

Supreme Court Case Studies on page 211.

On his last night in office, PresidentJohn Adams signed an order makingWilliam Marbury a justice of the peace.When Thomas Jefferson took office as pres-ident the next day, he told Secretary ofState James Madison not to carry outAdams’s order.

William Marbury took his case directlyto the Supreme Court, under the provisionsof the Judiciary Act of 1789. John Marshall,the chief justice, wrote an opinion stating

Bettmann/CORBIS

John Marshall (1755–1835)John Adams once said that hisgreatest act as president was“the gift of John Marshall tothe people.” Marshall, thefourth chief justice of theUnited States, hardly lookedlike the head of the judiciary.He often wore mismatchedclothes and an old floppy hat.He rejected the gold-braided

robes worn by justices at the time in favor ofthe simple black robes worn by justices today.

Marshall, the oldest of 15 children, grew upalong the Virginia frontier. He never forgot theprinciples for which he fought during theAmerican Revolution. As a soldier, he oncesewed the words “Liberty or Death” onto hisshirt before heading into battle. He upheldboth the national government and the newConstitution.

During his 34 years as chief justice,Marshall put the judicial branch on an equalfooting with the other two branches of govern-ment. He made sure the Court had the final sayin all cases involving the Constitution. By over-seeing more than 1,000 decisions, Marshallproved once and for all that the Constitutionwas the “supreme law of the land.”

that Marbury’s claim was valid according to the Judiciary Act. However, Marshallalso ruled that one part of the act gave theCourt powers that it should not have andwas therefore unconstitutional.

John Marshall’s opinion set forth threeprinciples of judicial review:• The Constitution is the supreme law of

the land.• If there is a conflict between the Consti-

tution and any other law, the Constitutionrules.

• The judicial branch has a duty to upholdthe Constitution.Thus, it must be able todetermine when a law conflicts with theConstitution and to nullify, or cancel,unconstitutional laws.

Marbury v. Madison helped make thejudicial branch equal in power to the exec-utive and legislative branches.The power ofjudicial review is an important part of thesystem of checks and balances of thenational government. By declaring acts ofCongress or executive orders unconstitu-tional, the Supreme Court can check theactions of the legislative and executivebranches of government.The final interpre-tation of the United States Constitution isreserved to the Supreme Court.

Interpreting Laws The Court also exercises power when it

interprets laws. Congress often uses verygeneral language when it writes laws. Forexample, Congress passed a law thatimposed a five-year prison sentence foranyone convicted of a violent crime inwhich he or she “uses” a gun. What does“uses” mean? What if a robber has a gun inhis pocket but does not actually show itduring the crime? In 1995 the Court ruledthat “uses” means the person must show,fire, or at least say he has a gun.

Because a Supreme Court decision isthe law of the land, a ruling like this affectspolice departments and courts all acrossthe United States. Over the years the Courthas interpreted many major laws.

Explaining What importantpower did the Marbury case establish?

Limits on the Courts’ PowerIn the American system of checks and

balances, there are limits on the power ofthe federal courts, including the SupremeCourt.The Court depends on the executivebranch as well as state and local officials,

The Supreme Court Historical Society

The Justices Since 1869the number of justices onthe highest court in theland has been fixed atnine. They include (fromleft to right) Antonin Scalia,Ruth Bader Ginsburg, JohnPaul Stevens, DavidSouter, Chief JusticeWilliam Rehnquist,Clarence Thomas, SandraDay O’Connor, StephenBreyer, and AnthonyKennedy. What factorsmight a president considerwhen selecting a justice?

Chapter 8 The Judicial Branch 203

204 Chapter 8 The Judicial Branch

Checking for Understanding

1. Key Terms Write a true state-ment and a false statement forthe terms below. Beside eachfalse statement explain why it is false.constitutional, judicial review

Reviewing Main Ideas2. Infer The Supreme Court

refuses to hear many more casesthan it accepts. What happens ina case when the Supreme Courtrefuses to hear it?

3. Describe Explain how a personbecomes a Supreme Court justice.

Critical Thinking

4. Drawing Conclusions Do youthink the Supreme Court shouldhave a police force with thepower to enforce its decisions?Explain your answer.

5. Organizing Information On agraphic organizer like the onebelow, summarize the effects ofthe ruling in Marbury v. Madisonon the judicial branch.

Analyzing Visuals

6. Infer Review the political car-toon on page 201. Explain theaction the Supreme Court is tak-ing in the cartoon. What doesthis mean?

SECTION ASSESSMENT

such as governors or police officers, toenforce its decisions. The executive branchusually follows Court rulings, but there havebeen exceptions. President Andrew Jacksonrefused to obey a Court ruling in the case ofWorcester v. Georgia, in which Chief JusticeJohn Marshall ordered the state of Georgiato stop violating federal land treaties withthe Cherokee nation in 1832.The presidentis reported to have said: “John Marshall hasmade his decision; now let him carry it out.”

The president did not choose to enforcethis Court decision. Because most citizensagreed with President Jackson, there was nopublic pressure to force him to uphold theCourt’s decision.

Congress can get around a Court rulingby passing a new law or changing a lawruled unconstitutional by the Court.Congress and state legislatures can also tryto undo Court rulings by adopting a newamendment and thus changing theConstitution. The system of checks andbalances also includes the president’spower to appoint justices and Congress’spower to approve judicial appointments orto impeach and remove justices.

Another limitis the fact that theCourt can onlyhear and make rul-ings on the casesthat come to it. Allcases submitted tothe Court must beactual legal dis-putes. A person cannot simply ask theCourt to decide whether a law is constitu-tional.The Court will not rule on a law oraction that has not been challenged on appeal. The Court also accepts onlycases that involve a federal question.Traditionally, the Court has refused todeal with political questions because itbelieves that these are issues the executiveor legislative branch of the United Statesgovernment should resolve. However,in the 2000 presidential election, theSupreme Court for the first time heardtwo cases involving the recounting of votesin the state of Florida.

Inferring How can thepresident check the power of the SupremeCourt?

�BE AN ACTIVE CITIZEN�7. Research Log on to the

Supreme Court Web site(www.supremecourtus.gov). Readthe brief biographical sketchesof the justices. Select one jus-tice to read more about andwrite a report about the justice.

Marbury v.Madison

Student Web Activity Visitciv.glencoe.com and click onStudent Web Activities—Chapter 8 to learn moreabout Supreme Court decisions.

Chapter 8 The Judicial Branch 205

Critical Thinking

Why Learn This Skill?Reviewing long lists of statistics can involve agreat deal of work. You would probably preferto read a graph. A graph is a visual devicethat condenses a large body of data into asmall space. You can use it to cite individualstatistics quickly. You can also use it to makecomparisons and spot overall trends. A com-monly used type of graph is a bar graph.

Learning the SkillTo read a bar graph, follow these steps:• Read the title of the graph. This will tell you

the kind of information shown.• Study the vertical and horizontal axes. The

vertical axis runs from top to bottom along

the left side of the graph. Read the names,numbers, or other labels along the verticalaxis. This will identify the type of data sec-tioned off along the vertical axis. Do thesame with the horizontal axis, which runsalong the bottom of the graph.

• Study the key. Identify the meaning of colorsor other symbols used in the graph.

• Note the length of individual bars to citespecific facts.

• Look at and compare the length of all the bars to identify trends or to draw conclusions.

Practicing the SkillOn a separate sheet of paper, answer the following questions about the graph on this page.

What information does this graph show?What do the numbers on the vertical axisindicate?What time period does the graph cover?In which year did the Supreme Court issuethe fewest opinions?What change has occurred in the caseloadof the Supreme Court?In general, how does the number of casesappealed to the Supreme Court comparewith the number it hears and decides?

6

5

43

21

7,5

65

75

5,1

58

146

8,9

65

87

4,7

61

138

3,2

56

97

1,8

49

82

1,4

60

134

0

2,000

4,000

6,000

8,000

10,000

2000199519851975196519551945

NU

MB

ER O

F CA

SES

YEARS

SUPREME COURT CASELOAD

Number of cases appealed Signed opinions

Source: www.supremecourtus.govPractice key skills with Glencoe’sSkillbuilder Interactive WorkbookCD-ROM, Level 1.

Reading a Bar Graph

Find a bar graph in a recent newsmagazine.Cite two facts and one comparison you drawfrom the graph.

Applying the Skill

GUIDE TO READING

Main Idea

Supreme Court justicesweigh many factors andgo through several com-plex steps before makinga decision.

Key Terms

docket, brief, majorityopinion, dissenting opinion, concurring opinion, stare decisis

Reading Strategy

Sequencing Events Asyou read, on a graphicorganizer similar to theone below, take notes onthe steps involved inreaching a SupremeCourt decision.

Read to Learn

• What are the steps inthe Supreme Court’sdecision-makingprocess?

• What factors influenceSupreme Court decisions?

Deciding Cases atthe Supreme Court

SECTION

206 Chapter 8 The Judicial BranchDave Bartruff/CORBIS

Most Supreme Court justicesare—or will be—remembered for certainissues about which they felt particularlystrongly. Justice Louis Brandeis worked forsocial justice and democracy throughout hislife, including during his 23 years of service(from 1916 until 1939) on the Supreme Court.He recognized the value of debate and dissent, asrevealed by these words: “In the frank expression ofconflicting opinions lies the greatest promise ofwisdom in governmental action.”

How Cases Reach the CourtThe Supreme Court decides the issues that affect all

Americans. It conducts its business each year from Octoberuntil the following June or July. Each month during this time,the justices spend two weeks listening to oral arguments oncases and then two weeks in recess. During recess the justiceswrite opinions and study new cases. During the summer breakthey study applications for review, write opinions, and catch upon other legal work.

The Supreme Court is both a trial court and an appealscourt. Two kinds of disputes have their original trials there:cases involving representatives of foreign governments and cer-tain cases in which a state is a party.

Most cases, however, are appeals from a lower federal courtor a state court. A person can ask the Court to review a lowercourt’s decision. In addition, a lower court may sometimes askthe Court to make a ruling because it is not sure how to applythe law to a case.

Acceptance From the many cases submitted to them, the justices make a

list of cases they want to discuss more carefully. Once a week theymeet to pick from this list the cases the Court will actually review.The Court will accept a case if four of the nine justices agree todo so. Accepted cases go on the Court docket, or calendar.

Steps in Court Decision

The scalesof justice

Chapter 8 The Judicial Branch 207

Each year the Court gets more than 7,000applications. Of these, it selects fewer than200 cases to hear.The Court can review justabout any kind of case. Usually the justicestake cases that involve important constitu-tional issues, such as freedom of speech, equalprotection of the laws, or civil liberties. Theyalso tend to select cases that involve legal,rather than political, issues, as well as those

that affect the entire country rather than justthe individuals or groups directly involved.

Steps in Decision MakingEvery case the Supreme Court accepts

goes through a series of steps: written argu-ments, oral arguments, conference, opinionwriting, and announcement.

Paul Conklin/PhotoEdit

Landmark Decisions of the Supreme Court

Marbury v. Madison (1803) established theSupreme Court’s power of judicial review

Brandenburg v. Ohio (1969) expanded thescope of political speech by protecting allpolitical speech unless it is linked toimmediate lawless behavior

Near v. Minnesota (1931) ruled againstcensorship of information, defining “priorrestraint” of written material asunconstitutional

DeJonge v. Oregon (1937) reinforcedpeaceable assembly and associationprotection of the First Amendment

Engle v. Vitale (1962) held that a publicschool district’s practice of starting the daywith prayer violates the establishment clause

United States v. Eichman (1990) struckdown Federal Flag Protection Act; heldthat flag burning is expressive speech

Gideon v. Wainwright (1963) declared thata person accused of a major crime had theright to legal counsel during a trial

Miranda v. Arizona (1966) ruled that at thetime of arrest suspects cannot bequestioned until informed of their rights

McCulloch v. Maryland (1819) ruled that ina conflict between national and state power,the national government is supreme

Gibbons v. Ogden (1824) established thatCongress has sole authority to regulateinterstate commerce

FEDERAL POWER

Brown v. Board of Education (1954)overturned Plessy v. Ferguson (1896), whichsaid African Americans could be provided“separate but equal” public facilities; beganschool integration

Heart of Atlanta Motel, Inc. v. UnitedStates (1964) upheld Civil Rights Act of1964, which prohibits racial discrimination

Reed v. Reed (1971) held that a state lawthat discriminated against women wasunconstitutional

Roe v. Wade (1973) legalized a woman’sright to an abortion under certaincircumstances

CIVIL LIBERTIES

FIRST AMENDMENT RIGHTS

RIGHTS OF THE ACCUSED

These decisions helped determine therights of citizens. What earlier decision didBrown v. Board of Education overturn?

Official seal of theSupreme Court

Written Arguments Once the Court takes a case, the

lawyers for each side prepare a brief. Thisis a written document that explains oneside’s position on the case. The justicesthen study the briefs.

Oral Arguments Next, lawyers for each side present oral

arguments. Each side gets only 30 minutes tosummarize its case.The justices often ask thelawyers very tough questions about the case.

Conference On Fridays the justices get together to

make their first decisions about the casesthey have been studying. These meetingstake place in secret; no audience is presentand no meeting minutes are kept.The chiefjustice presides over the discussion of thecase. A majority—at least five votes, whenall nine justices are participating—decides acase. At least six justices must be presentfor a decision.

Opinion Writing Once the Court has reached a decision

on a case, one justice gets the job of writingthe majority opinion. A majority opinion

presents the views of the majority of thejustices on a case. The opinion states thefacts of the case, announces the ruling,and explains the Court’s reasoning inreaching the decision. Written opinionsare very important. They set a precedentfor lower courts to follow in future cases,and they also communicate the Court’sview to Congress, the president, interestgroups, and the public. This is also animportant step because there is still timefor justices to change their minds. Anopinion may influence a justice to changehis or her vote.

Besides the majority opinion, the Courtmay issue four other types of opinions. In aunanimous opinion, all the justices vote thesame way. A justice who disagrees with themajority’s decision may write a dissentingopinion. Sometimes two, three, or evenfour justices write their own dissentingopinions. A justice who votes with themajority, but for different reasons, maywrite a concurring opinion.

Announcement When the opinion writing is completed,

the Court announces its decision. Printedcopies of the opinion go to waiting newsreporters, and the opinion is placed on theCourt’s Web site. The Supreme Court andother courts around the country use thewritten opinions to guide their decisionsregarding new cases.

Concluding Why must theSupreme Court print its opinions?

Reasons for Court Decisions Many factors, such as precedents, the

social atmosphere in the country, and the justice’s own legal and personal views,influence justices when they decide a casethat comes before the Court.

208 Chapter 8 The Judicial Branch

Do Supreme Court justicesalways get along?

In 1924 Justice James McReynoldsrefused to appear in the officialSupreme Court photo with JusticeLouis D. Brandeis. McReynolds disliked Brandeis so much that hewould leave the room when Brandeisspoke! Chief Justice William HowardTaft considered McReynolds “a con-tinual grouch.”

Chapter 8 The Judicial Branch 209

The Law The law is supposed to be the most

important influence on a justice’s decisions.Justices look at the Constitution whendeciding a case.They consider how the lan-guage applies to the facts of the case. Indoing this, they rely heavily on precedents,because our legal system places greatimportance on deciding cases consistently.A guiding principle for all judges is calledstare decisis, a Latin term, which means“let the decision stand.” By followingprecedent, courts make the law predictable.

At the same time, the law needs to beflexible to adapt to changing times. Socialconditions, public attitudes, and technol-ogy change over the years. As the highestcourt in the land, the Supreme Court is ina position to overrule outdated precedents.

Social Conditions Although the Supreme Court is some-

what protected from public and politicalpressures, the social situation can also influ-ence Court decisions.When social conditionschange, the Court may make new interpreta-tions of the law. Justices, like all citizens,

know what people around the country arethinking about important social issues.

In the 1890s, many restaurants, schools,and trains were segregated, which meansthat separate areas were marked for whitesand African Americans. In Louisiana,Homer Plessy, an African American,decided to sit in a section of a train marked“For Whites Only.” When Plessy refused tomove, he was arrested and convicted of vio-lating Louisiana’s segregation law. WhenPlessy appealed his case to the SupremeCourt, the Court upheld the Louisiana lawas constitutional in Plessy v. Ferguson. TheCourt ruled that the equal protection clauseof the Fourteenth Amendment permitted“separate but equal” facilities for whites andAfrican Americans. This decision permittedgovernments across the nation to justifyracial segregation.

However, by the 1950s, society’s viewson racial segregation were beginning tochange. In 1954, in the case of Brown v.Board of Education of Topeka, Kansas, theCourt overturned the precedent of “separatebut equal.” The justices ruled that raciallyseparate schools are unequal simply because

(l)Bettmann/CORBIS, (r)Getty Images

Impact of the BrownDecision Segregatedfacilities, such as sep-arate entrances at amovie theater inBelzoni, Mississippi,were declared uncon-stitutional in 1954.Why must theSupreme Court reactto changes inAmerican values?

Thurgood Marshallargued the Brown

case before the Court.

210 Chapter 8 The Judicial Branch

Checking for Understanding

1. Key Terms Define the followingterms and use them in sen-tences that relate to theSupreme Court: docket, brief,majority opinion, dissenting opinion, concurring opinion,stare decisis.

Reviewing Main Ideas2. Identify Describe the steps that

every Supreme Court case mustfollow.

3. Recall Most of the cases thatreach the Supreme Court arewhat kinds of cases?

Critical Thinking

4. Drawing Conclusions Of all thefactors that influence justiceswhen they make a decision,which do you think is the mostsignificant? Explain your answer.

5. Categorizing Information On aweb diagram like the one below,categorize the factors that influ-ence Supreme Court justiceswhen making decisions.

Analyzing Visuals

6. Infer Review the chart on page207. Which ruling guaranteesyou the right to be informed ofyour rights if you are arrested?

SECTION ASSESSMENT

they are separate.The unanimous opinion ofthe Court found that segregation was a vio-lation of the equal protection clause of theFourteenth Amendment. ; See the Supreme

Court Case Summaries in the Appendix.

Legal Views Justices have varying views of the law

and the proper role of the courts in oursociety. Some justices, for example, believethat the Court should be very active andhear many different kinds of cases. Othersbelieve that the Court should hesitate touse the power of judicial review to promotenew ideas or policies.

Personal Beliefs Finally, justices are human beings. Each

sees the world based on his or her own lifeexperiences. Justice Benjamin Cardozoonce said, “We may try to see things asobjectively as we please. Nonetheless, wecan never see them with any eyes exceptour own.”

Summarizing Why areprecedents important in Supreme Courtdecision making?

Cartoonist & Writers Syndicate

�BE AN ACTIVE CITIZEN�7. Interview Read more about

Brown v. Board of Education ofTopeka, Kansas. Summarize thefacts in the case. Interviewsomeone who was an adult in1954 about how they think theBrown decision changedAmerican society.

Influences onSupreme Court

Decisions

Analyzing Visuals Fast-moving national andstate governments often make decisions andpolicies that “bump up” against the slower-moving Supreme Court. What does the figureon the motorcycle represent? What is the overall message of the cartoon?

Background of the CaseDemocratic-Republican Thomas Jefferson won thepresidential election of 1800. During the monthsbefore Jefferson was sworn into office, congressionalsuppor ters of outgoing Federalist president JohnAdams approved 58 new appointees to the federalcourts. President Adams signed the commissions—official papers allowing the new judges to assumetheir positions—on his last night in office.

It was the duty of John Marshall, Adams’s secre-tary of state, to deliver the 58 commissions, but hefailed to deliver all of them. William Marbury andthree other appointees who had not received theircommissions petitioned the new secretary of state,James Madison, to deliver them. President Jefferson,who wanted to repeal all of Adams’s last-minutejudgeships, told Madison not to deliver the papers.The four waiting appointees then asked the SupremeCourt to order Madison to deliver their commissions.

The DecisionIf the Court agreed with Marbury, Jefferson wouldlikely ignore the order. If the Cour t ruled forMadison, it would appear frightened of the

executive branch. Either choice would further weakenthe judiciary. Chief Justice John Marshall issued thedecision on February 24, 1803.

Marshall agreed that Marbury’s rights had beenviolated and that he should receive his commission.For Marbury to receive his commission, a writ of man-damus, or a court order to perform a certain action,had to be issued. Although Congress gave the Courtsuch authority in Section 13 of the Judiciary Act of1789, Marshall wrote that the Court’s “authority toissue writs of mandamus to public officers appearsnot to be warranted by the Constitution.” He furtherasserted that it was the duty of the judicial branch “tosay what the law is.”

Why It MattersThe Supreme Court claimed its right to declare actsof the legislative and executive branches unconstitu-tional for the first time in Marbury v. Madison. Bydoing this, it defined its role as the final authority onwhat the Constitution means. Each year, the SupremeCourt strikes down numerous state and local laws. Itrarely strikes down congressional laws, though.

President Adams spent his last night inoffice signing commissions.

Marbury v. MadisonMarbury v. Madison

By the early 1800s, the role of the judiciarybranch was unclear and its influence small.How did the Supreme Court achieve equalfooting with the legislative and executivebranches?

1. Why is Marbury v. Madison a landmarkCourt case?

2. Why did the Supreme Courtrefuse to issue writs of mandamus?

211Liza Biganzoli, National Geographic Society Image Collection

Reviewing Key TermsWrite the key term that matches each definitionbelow.

1. an earlier model upon which judges maybase decisions

2. the lowest level of courts of the federal judiciary

3. the power of the Supreme Court to saywhether any federal, state, or local law isunconstitutional

4. a court’s authority to hear and decide cases

5. the opinion written by a justice who voteswith the majority but for different reasons

6. a Latin term, which means “let the decisionstand”

7. a law that is allowed by the Constitution

8. the written document a lawyer who is arguingbefore the Supreme Court prepares

9. an order to send a case back to a lowercourt

10. the written opinion by a justice who disagreeswith the majority’s decision

Reviewing Main Ideas11. Describe how the current federal court

system originated.

12. Name at least four kinds of cases over whichfederal courts have jurisdiction.

13. How do federal district courts and federalappeals courts differ?

14. What three rulings can result from a case ina federal appeals court?

15. How does someone become a SupremeCourt justice?

16. What is the significance of the case ofMarbury v. Madison?

17. What two kinds of disputes have their originaltrials in the Supreme Court?

18. Describe the steps in the Supreme Court’sdecision-making process.

Section 1

• The Founders createdthe federal court systemin Article III of theConstitution. Thisarticle establishes theSupreme Court.

• Over the years,Congress created the federal districtcourts and the appeals courts.

Section 3

• The Supreme Court includes nine justices.All are appointed by presidents.

• An important job of the Supreme Court isto decide whether laws are permitted underthe U.S. Constitution.

Section 4

• Every case the Supreme Court acceptsgoes through certain steps.

Section 2

• Most federal cases areheld in U.S. districtcourts.

• People who lose infederal district courtsmay appeal to federalappeals courts.

Using Your Foldables Study OrganizerUsing your completed foldable, write atleast five statements that compare orcontrast the federal courts with theSupreme Court.

212(t)Kelly-Mooney Photography/CORBIS, (b)Bob Daemmrich/Stock Boston

Critical Thinking19. Analyzing Information How is Plessy v.

Ferguson related to Brown v. Board ofEducation of Topeka, Kansas?

20. Cause and Effect On a chart like the onebelow, explain some of the factors thatinfluence Supreme Court decisions.

Practicing Skills21. Reading a Bar Graph Look at the bar

graph below. About how many laws did theWarren Court overturn? Which court over-turned the most state and local laws?

Economics Activity22. In the library or online, research the case of

Gibbons v. Ogden (1824). In what ways doAmericans feel the economic effect of thatdecision today?

Analyzing Visuals23. Review the chart on page 207. Why was the

Brandenburg case important?

24. Jury duty is a responsibility of United Statescitizenship. Working with about two otherstudents, find two or three people who haveserved on juries and interview them. Askthem to recall their impressions of the experience.

Technology Activity25. Log on to the Internet and search for a Web

site that has information about recentcases heard by the Supreme Court. Write asummary of the ruling. Do you agree withthe ruling? Explain your opinion.

Self-Check Quiz Visit the Civics Today Web site atciv.glencoe.com and click on Self-Check Quizzes—Chapter 8 to prepare for the chapter test.

Standardized Test Practice

Directions: Choose the bestanswer to the following question.

Which court holds jurisdiction for thefollowing court case?

The government of New York has sued acompany in New Jersey for not followingthrough on the terms and deadlines of acontract signed last year. The contract isworth more than $50,000.F the U.S. Supreme Court G a U.S. court of appealsH a U.S. district courtJ a special federal court

Test-Taking TipRead the question carefully. Recall thatjurisdiction is a court’s authority to hear

and decide cases.

Chapter 8 The Judicial Branch 213

Effect/Result: A Supreme Court Decision

Marshall Court, 1801–35

Waite Court, 1874–88

Taft Court, 1921–30

Hughes Court, 1930–41

Warren Court, 1953–69

Burger Court, 1969–86

50 100

150

200

250

3000

NUMBER OF CASES

STATE AND LOCAL LAWS OVERTURNED BY SELECTED SUPREME COURTS