ARTICLE III: JUDICIALBRANCH
ARTICLE III SECTION I
•Interprets laws passed by the JudicialBranch
•United States Supreme Court
- highest court in the United States
- inferior courts handle state and local cases
•Judiciary Act of 1789
- established structure of court system
US SUPREME COURT
•Nine Justices and One serves as Chief Justice
•John Roberts
- current Chief Justice of Supreme Court
•Justices serve for life or until they retire or areimpeached
•SCOTUS justices earn $200,000/year.
DUTIES OF SUPREME COURT JUSTICES
•Not described in the Constitution
•Developed from laws, tradition, and specificneeds
•Main duty: hear and rule on cases
•Expressing their explanation in the Court’s opinion
•Each justice oversees a federal district
•Special situations
•Justice Earl Warren investigated the Kennedyassassination
SELECTION OF FEDERAL JUDGES
•Presidential appointment andSenate approval
•1. Party Affiliation
•2. Judicial Philosophy
•Strict vs. Liberal Interpretation
•3. Senatorial Courtesy
•Pres. Submits nominees to theSenators from that state
•If one disapproves, thenomination is withdrawn
•4. Background of FederalJudges
•Almost all of them have legaltraining from top schools
•Recently, more women andminorities are gaining seats
INTERPRETING LAWS
•Strict Constructionists: laws and the Constitutionshould be interpreted according to their wording.
•If the wording is vague, the judge should look at thehistorical context for the author’s intended meaning(primary source documents)
•Liberal Constructionists: laws and the Constitutionshould be interpreted in the light of current politicaland social conditions.
CASES HEARD BY SUPREME COURT
•Cases Involving Constitution
•Violations of Federal Law
•Controversies Between States
•Disputes Between Parts of Different States
•Suits Involving Federal Government
•Cases Involving Foreign Governments
•Cases Involving Maritime Laws
•Cases Involving US Diplomats
JUDICIAL REVIEW
•Ability of the court system to decide theconstitutionality of laws
•Marbury v. Madison (1803)
- case that gave court system ability to declare lawsunconstitutional
WHAT INFLUENCES A JUDGE’SDECISION?
•Precedent
- standard set by previous laws
- Stare Decisis: “let the decision stand”
•Social conditions/change
- race, abortion
•Legal and personal views
LIMITS ON THE SUPREME COURT
•Court officials can be impeached
•Court officials have to be appointed by thePresident and confirmed by the Senate
•Court rulings can be ignored or changed ifCongress amends laws or the Constitution
ARTICLE III
•Section II
•Has jurisdiction over cases within the United States
•Trial of crimes by jury and held in state where crimecommitted
•If committed outside US, Congress declares where trial isheld (ex: terrorism cases)
•Section III
•Treason - levying war against US, giving aid and comfort toUS enemies
•Need two witnesses to treasonous act
CHECKS ON OTHER BRANCHES
•Checks on the Legislature
•Judicial review
•Seats are held on good behavior
•Compensation cannot be diminished
•Checks on the Executive
•Judicial review
•Chief Justice sits as President of the Senateduring presidential impeachment