THE THE JUDICIAL JUDICIAL BRANCHBRANCH

The Federal Court SystemThe Federal Court System established in Article IIIestablished in Article III

The Federal Court system is established in the

Constitution

The The jurisdiction,jurisdiction, or or authority to hear authority to hear and decide a case, and decide a case, is also establishedis also established

The Federal Courts have jurisdiction over the following

areasThe ConstitutionThe Constitution

federal lawsfederal laws

law of the high seaslaw of the high seas

disputes involving the U.S. Governmentdisputes involving the U.S. Government

disputes between states, or between citizens of disputes between states, or between citizens of different statesdifferent states

disputes involving foreign governmentsdisputes involving foreign governments

Jurisdiction continued

• Exclusive jurisdiction: cases that can only be heard in federal courts

• Concurrent jurisdiction: Shared power to hear a case: common law, cases of equity

THE LOWER FEDERAL THE LOWER FEDERAL COURTSCOURTS

District CourtsCourts of Appeals

District CourtsDistrict Courts

• federal courts where lawsuits are begun

• at least 1 per state

• district courts handle most of the Federal Court System's work (90%)

• district courts have original jurisdiction: the authority to hear cases the first time

Courts of AppealsCourts of Appeals• these courts only hear cases

that are appealed from lower courts

• appellate jurisdiction

Additional courtsAdditional courts• Military courts

• Territorial courts

• US Tax Court

• Claims courts

THE U.S. SUPREME COURTTHE U.S. SUPREME COURT

the highest court in the land

The Supreme Court rarely has original jurisdictionoriginal jurisdiction -

almost all of the cases that come to the Supreme Court

are from appeals

The JusticesThe Justices 9 Justices, including a Chief Justice

appointed by the President, they hold their terms until they die, resign, or are impeachedvery powerful, very prestigious

William H. RehnquistChief Justice

• William H. Rehnquist

Born: 10/1/24 B.A., M.A., LL.B. Stanford M.A. Harvard UniversityAppointed by Nixon in1972

•Appointed Chief Justice by President Reagan in 1986

• CONSERVATIVE

John Paul Stevens• Born: 4/20/20

• A.B. University of ChicagoJ.D. Northwestern University School of Law

• Judge, United States Court of Appeals for the 7th Circuit: 1970-1975

• Appointed by Ford in 1975

• LIBERAL

Sandra Day O’Connor

• Born: 3/26/30

• B.A., LL.B. Stanford

• Appointed by Reaganin 1981

• MODERATE

Antonin Scalia

• Born: 3/11/36

• A.B. Georgetown Univ. of Fribourg, Switzerland

LL.B. Harvard

• Judge, United States Court of Appeals for the D. C. 1982-1986

CONSERVATIVE

Anthony M. Kennedy• Born: 7/23/36

• B.A. Stanford University, London School of Econ.LL.B. Harvard

• Judge, United States Court of Appeals for the 9th Circuit, 1975-1988

• Appointed by Reaganin 1988

• MODERATE

David Hackett Souter• Born 9/17/39

• A.B. Harvard College, Oxford UniversityM.A. Oxford UniversityLL.B. Harvard

• Judge, U S Court of Appeals for the 1st Circuit, 1990-1990

• Appointed by Bush (sr.) in 1990

LIBERAL

Clarence Thomas

• Born 6/23/48

• A.B. Holy Cross J.D. Yale Law School

• Judge, United States Court of Appeals for the D. C.Circuit, 1990-1991

• Appointed by Bush (sr.) in 1991

CONSERVATIVE

Ruth Bader Ginsburg

• Born: 3/15/33

• B.A. Cornell UniversityLL.B. Columbia

• Judge, U S Court of Appeals for the D. C. Circuit, 1980-1993

• Appointed by Clinton in 1993

LIBERAL

Stephen G. Breyer

• Born: 8/15/38

• A.B. Stanford B.A. Magdalen College, OxfordLL.B. Harvard

• Judge, U S Court of Appeals for the 1st Circuit, 1980-1990Chief Judge, 1990-1994

• Appointed by Clinton in 1994

LIBERAL

The Supreme Court has the

power of judicial reviewjudicial review

this allows the Court to review any law and

decide if it is unconstitutional

Marbury V. Madison

• President Adams appointed Wm. Marbury as justice of the peace.

• John Marshal (sec. of state) failed to deliver the commission to Congress

• New President (Jefferson) orders Madison not to deliver commission

• Marbury asks Supreme Court to issue Writ of Mandamus (a court order that a specific action be performed)

• Judiciary Act of 1789• The Court Ruled: that the relevant section of the

Judiciary Act of 1789 is unconstitutional

• Paragraph 13 of the Judiciary Act of 1789 expands the original jurisdiction of the Supreme Court beyond the original grant found in Article III Sec. 2 and is unconstitutional.

• Establishes the power of the Supreme Court to rule acts of Congress unconstitutional (Judical Review)

The Supreme Court is the

final authorityfinal authority on the

Constitution and the laws of the United States.

How can a Supreme Court

decision be overturned?

A new decision by the Court

A constitutional amendment