The Judicial Branch

• The Judicial Branch is one of the three branches of the US government

Role of the Judicial Branch

• The judicial branch interprets and defines laws
• It hears individual cases to decide how laws apply
• Federal courts handle federal law, state courts handle state laws, illustrating federalism

Jurisdiction of Courts

• Article III of the Constitution establishes the Supreme Court
• Article III allows the creation of inferior courts by Congress
• Congress creates the court system below the Supreme Court

Federal Court System

• The Supreme Court has 9 judges
• The Court of Appeals has 12 courts and 3 judges
• The District Court has 91 courts and 1 judge

Types of Jurisdiction

• Jurisdiction grants a court to hear and decide a case
• Exclusive jurisdiction means only federal courts can hear a case, excluding state courts
• Concurrent jurisdiction allows either federal or state courts to hear a case
• Original jurisdiction means a court hears a case for the first time
• Appellate jurisdiction limits a court to hearing cases on appeal

Court Jurisdiction

• U.S. District Courts possess original jurisdiction
• The Court of Appeals has appellate jurisdiction
• The Supreme Court exercises both original and appellate jurisdiction

Appointment of Judges

• Candidates are nominated to judgeships by the President
• Confirmation requires a Senate majority vote
• Senatorial Courtesy plays a role in the process
• Judgeships come with lifetime tenure

Life Terms

• Lifetime tenures ensure judicial independence, according to the Founding Fathers

District Court

• The District Court is the primary trial court
• It handles the majority of federal cases as the initial venue
• There are 94 geographically divided districts
• It hears both criminal and civil cases

Criminal Case Process

• The U.S. attorney gathers evidence against the defendant
• The evidence is presented to a grand jury of 16-23 people
• Grand jury decides whether to indict
• A trial begins with a new jury if indictment occurs
• Losers have the option to appeal to a higher court

Appeals

• Higher courts can choose to hear a case if lower court decision problems exist
• Higher courts may overturn or modify lower court decisions

Supreme Court

• The Supreme Court is the "Court of Last Resort”
• The Supreme Court is the country's highest court
• It possesses the power of judicial review

Judicial Review

• Judicial Review allows acts of government to be declared unconstitutional
• Power comes from Marbury v. Madison case

Marbury v. Madison

• Adams lost the 1800 election to Jefferson
• Adams and the Federalists created new judgeships
• Adams appointed Federalist party members to the new positions
• Jefferson was upset and ordered Madison to not deliver commissions
• Marbury, intended to be a judge, sued Madison

Decision

• The Judiciary Act of 1789 gave the Supreme Court original jurisdiction in judgeship disputes
• Article III of the Constitution gives the Supreme Court appellate jurisdiction in those cases
• The Judiciary Act of 1789 and Marbury's lawsuit were unconstitutional
• It was the first time the Supreme Court struck down an act of government

Cases reaching Supreme Court

• Cases can reach the Supreme Court through both the federal and state court systems
• The Court issues a writ of certiorari to accept a case if 4 of the 9 justices agree
• This is known as the “Rule of 4”
• The Court may issue a certificate if a lower court is unsure how to decide a case

Trial Process

• Supreme Court trials differ from principal trial courts
• Evidence isn't presented, and witnesses are not questioned
• Attorneys present arguments for 30 minutes to the justices
• Justices may question the attonreys
• Justices write opinions after arguments, choosing which opinion to sign
• A final decision requires at least 5 justices signatures
• The majority opinion becomes precedent for similar cases

Opinions

• A dissenting opinion occurs when a justice disagrees with the majority
• Dissent explained can influence future court decisions
• A concurring opinion occurs when a justice agrees with the majority, but for different reasons
• If a justice has a conflict of interest, he/she may recuse (abstain) from the case

Historic Cases

• Marbury v. Madison (1804) established judicial review
• McCulloch v. Maryland (1819) allowed Congress implied powers, using the "necessary and proper clause"
• Gibbons v. Ogden (1824) allowed Congress to regulate commercial interactions under the "commerce clause"
• Dred Scott v. Sanford (1857) denied citizenship to African Americans
• Plessy v. Ferguson (1896) allowed state-sponsored segregation
• Brown v. Board of Education (1954) deemed segregation unconstitutional, overturning Plessy

Current Justices

• Chief Justice John Roberts was appointed by Bush in 2005, is 69 years old, and is conservative
• Neil Gorsuch was appointed by Trump in 2017, is 57 years old, and is conservative
• Brett Kavanaugh (59) was appointed by Trump in 2018 and is conservative
• Clarence Thomas was appointed by Bush in 1991, is 76 years old, and is strongly conservative
• Amy Coney Barrett was appointed by Trump in 2020, is 52 years old, and is strongly conservative
• Katanji Brown Jackson was appointed by Biden in 2022, is 54 years old, and is liberal
• Samuel Alito was appointed by Bush in 2006, is 74 years old, and is conservative
• Sonia Sotomayor was appointed by Obama in 2009, is 68 years old, and is strongly liberal
• Elena Kagan was appointed by Obama in 2010, is 64 years old, and is liberal