The Constitution Art I: The Legislative Branch Art II: The Executive Branch Art III: The Judicial Branch Art IV: Relations between states Art V: Amendment process Art VI: National Supremacy Art VII: Ratification Make Laws Enforce Laws Interpret Laws This week we will focus on Article III – The Judicial Branch
Article III <ul><li>Established a national Supreme Court </li></ul><ul><li>Congress has power to create lower federal courts </li></ul><ul><li>Federal Judges are appointed by the president </li></ul><ul><li>Appointments must be approved by Senate </li></ul><ul><li>Lists Federal Jurisdiction </li></ul>
Checks & Balances: Judicial Courts Congress President Declare law unconstitutional Appoints Judges Amend constitution
What is Jurisdiction? The courts authority to hear and decide a case. Types of Jurisdiction; <ul><li>Original Jurisdiction = court has the right to hear case first </li></ul><ul><li>Exclusive Jurisdiction = ONLY a certain court has the right </li></ul><ul><li>Concurrent Jurisdiction = shared jurisdiction </li></ul><ul><li>Appellate Jurisdiction = hear case on appeal </li></ul>
Federal Jurisdiction <ul><li>Cases involving the Constitution </li></ul><ul><li>Violation of Federal Law </li></ul><ul><li>Controversies between States </li></ul><ul><li>Disputes between people from different States </li></ul><ul><li>Suits involving the Federal Government </li></ul><ul><li>Cases involving Foreign Governments & Treaties </li></ul><ul><li>Cases based on Maritime Laws </li></ul><ul><li>Cases involving US Diplomats </li></ul>The first four are of particular importance.
Federal Crimes The majority of crimes committed break STATE law. However there are a number of federal laws against certain crimes. Kidnapping....any guesses why? Tax Evasion
Counterfeiting Also included is patent rights and bankruptcy
Federal Judges According to the Constitution there are no ‘official’ qualifications to be a federal judge. IN THEORY – you don’t need a law degree IN REALITY – All federal judges have law degrees and legal experience. President appoints Senate must approve But IMPORTANT: IT IS A LIFETIME APPOINTMENT
U.S District Courts U.S. Court of Appeals U.S. Supreme Court
U.S. District Courts US DISTRICT COURT - RALEIGH There are 94 District Courts located around the Country. District Courts have original jurisdiction in federal cases Judge and Jury hear trial
U.S. Court of Appeals 12 Courts of Appeal around the Country (+a special 13 th ) each has its own circuit. Courts hear cases on Appeal No Jury = a bench trial = 3+Judges 4 th Circuit – Richmond, VA
U.S. Supreme Court There are 8 Associate Justices and 1 Chief Justice Chief Justice John Roberts
Power of the Court Declares whether laws are constitutional or unconstitutional Marbury v. Madison The most important case of all!!!! -Established Judicial Review The right to decide whether laws were constitutional.
The courtroom calendar is called a docket. Only a handful of cases make it onto this list.
OPINIONS Majority The decision of the court Concurring Same belief as majority but for different reasons Dissenting Oppose the majority
First African-American Justice Thurgood Marshall Clarence Thomas sits on the court today. Had previously won important SC case – Brown v. Bd. Of Education
First Woman in the Supreme Court Sandra Day O'Conner She retired last year Ruth Bader Ginsberg is the only woman currently on the bench