The Judiciary (Article III)

What was the importance of Marbury?Why was the judiciary known as the “least

dangerous branch” to Founders?What jurisdiction do the various courts have?

The Judiciary Hamilton in FP 78 called it “the least dangerous branch.”

Federalists: little threat of tyranny; Anti-Feds: threat with life tenure, defining

“supreme law of the land”

Little on the judiciary in the Constitution: “judicial Power…in one supreme

Court”

Creates high Court, Congress establishes others.

Judges have life tenure with good behavior.

Congress can alter the Court’s jurisdiction—the authority to hear and

decide issues in a particular case

Constitution is silent on judicial review—the ability to review acts of other

branches and the state

Judiciary Act of 1789

Established three-tiered federal court system

Can appeal through the system.

Federal district courts at the bottom (one + in each state).

Courts of appeals (appellate) in the middle.

U.S. Supreme Court at the top.

Originally 6 justices; became 9 in 1869

Court had little power, few wanted to serve.

Chisholm v. Georgia (1793) only case heard by Jay Court

Question of whether a person could sue another state, whether the Court had power

over the states

John Marshall Chief Justice John Marshall gave Court prestige.

Discontinued practice of seriatim, where justices

essentially act on their own rather than a body

Established federal power over states in McCulloch v Maryland

(1819), which applied the “necessary and proper” clause broadly

Established judicial review in Marbury v. Madison (1803)—over

national laws; Martin v. Hunter’s Lessee (1816)—over state laws

The American Legal System

A court must have jurisdiction to hear a case.

Jurisdiction can be original or appellate

Original: authority to hear disputes as a trial court

Appellate: can hear cases of review (appeal) from lower court

Cases can be criminal or civil.

Criminal: regulates individual conduct, enforced by state and national gov’t (case brought by

a state on behalf of the injured)

Civil: regulates conduct/relationships between individuals and companies (VALUE)

Most courts are constitutional courts: established by Article III

Specialized legislative courts may also be created by Congress for special

purposes