The Judicial Branch
The Judicial Branch Power comes from Article III
Justices - appointed by the President - Approved by Senate
Term: Life
Number of Justices: 9
Court System: Established in Judiciary Act of 1789
Jurisdiction -- the right to interpret and apply the law
There is a Duel court systems in the United States
Federal Court System
State Court System
* Laws that apply only to Federal Law are handled
in the Federal system under Exclusive Jurisdiction
* Laws that apply to both Federal and State law
can be brought to either court in what is called
Concurrent Jurisdiction.
Types of Exclusive Jurisdiction:
* Original Jurisdiction -- the right of the Supreme
Court to hear a case, coming directly to the
Supreme Court
* Appellate Jurisdiction -- comes to the court
through the appeals process
Most Important Supreme Court Case: Marbury v Madison
Marbury v. Madison
Most important Supreme Court Case in History of US
Brief:
* Adams appointed Midnight Judges while in Lame Duck
* Sec. of State must deliver appointments
* Because of time -- some were not delivered
* Jefferson ordered new Sec. of State Madison to hold all appointments
* William Marbury sued Madison to get appointment
* Court issued Writ of Mandamus
* Ordered Madison to give Marbury his appointment
* Madison Refused
Problem:
What would John Marshall do?
What if he tried to force Madison to give the appointment and Madison refused
Who is in charge of "Carrying out the LAW"?
Solution:
Marshall found a way out
Article 13 of the Judiciary Act was in conflict with the Constitution
(Supreme Court does NOT have ORIGINAL Jurisdiction -- the right to hear the case for the first time -- but in very limited situations)
Article 13, Judiciary Act, was declared Unconstitutional
Results: Established Judicial Review
Right to Declare a Law Unconstitutional
Current Supreme Court Justices
Justice Appt. By Year Race
Rehquist, William (CJ) Nixon 1971 W/M
Stevens, John Paul Ford 1975 W/M
O'Conner, Sandra Day Reagan 1981 W/F
Scalia, Antonin Reagan 1986 W/M
Kennedy, Anthony M Reagan 1987 W/M
Souter, David H. Bush 1990 W/M
Thomas, Clarence Bush 1991 M/B
Ginsburg, Ruth Bader Clinton 1993 W/F
Breyer, Stephen G. Clinton 1994 W/M
