1. “It is emphatically the province and duty of the judicial department
to say what the law is…If two laws conflict with each other; the
courts must decide on the operation of each”

2. Essential Question

3. Inferior Courts = lower federal courts beneath the Supreme Court

4.  The authority of a court to hear
(to try and decide) a case
 Federal courts hear cases for two reasons:
• Subject Matter
 Application of the U.S. Constitution
• Parties Involved
 State v. State
 Citizen v. State

5. Types of Jurisdiction
Exclusive Jurisdiction
Those cases that can only be heard in the
federal courts
Concurrent Jurisdiction
States and Federal Courts share power to
hear cases
Original Jurisdiction
A court in which a case is first heard
Appellate Jurisdiction
A court that hears a case on appeal from a
lower court

8. Define Federalism
Power is split between the Federal government
and state governments.
Applying federalism to court jurisdiction
All cases not heard by Federal Courts are in the
jurisdiction of State Courts…

9. Inferior
State (lower)
Courts Federal
Courts

10. Why do you
What does think it might
Highest rank
the word be important
and authority;
“Supreme” to have a
ultimate, final
mean? “Supreme”
Court?

11. Chief Justice and eight
associate judges
Nominated and appointed by
President, with Senate
approval.
Concepts of judicial activism
and judicial restrain affect the
judicial selection process

13.  Maintain their neutrality
 Protect
the rights of people to express
unpopular views
 Promote consistent interpretations of laws

14.  Supreme Court Justices can retire:
• At age 70
 Must have served 10 years to receive full
salary for life
• At age 65
 Must have served 15 years to receive full
salary for life
Chief Justice Associate
$217,400 Justices
per year $208,100

15.  Vary in their political and legal philosophies...
Judicial Activism Judicial Restraint
Loosely interpret and Follow a strict
apply the interpretation of the
Constitution based Constitution
on ongoing changes Believe judges should
and values. also follow precedent

16. OF THE CASE
RELEVANT
TEXT OF THE
JUDICIAL

17.  Both original and appellate jurisdiction
• Most cases come on appeal from the lower courts.
Original jurisdiction exists when:
1. There are controversies involved 2+ states
2. The case involves ambassadors or other public ministers
 Marbury v. Madison
• Supreme court case that established
power of judicial review

18.  Supreme Court has the power to decide
the constitutionality of:
• State and federal legislation
• Actions of chief executives
• Decisions of other courts
 Inother words, the Supreme Court has the
final authority on the meaning of the
Constitution
They have the POWER to declare acts
and laws unconstitutional

19. *Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.