2. Study Goals
• SWBAT
– Understand/describe the authority of the
National Judiciary (Federal Courts)
– Describe the courts in the national court
system
– List and explain the qualifications,
composition and powers of the Supreme
Court
3. National Judiciary
• The Constitution created the federal courts
in Article lll of the Constitution
4. Federal Court Authority
• Jurisdiction - the authority to hear and
decide a case
– What cases go to federal courts?
• Two kinds of jurisdiction of Federal Courts
– Original jurisdiction
– Appellate jurisdiction
5. • Original jurisdiction
– A court in which a case is first heard
• Cases that go directly to federal courts
• Cases that deal with a Constitutional issue, if the
groups involved are the US and another
government, or a State
• Over $50,000
• Appellate jurisdiction
– A case that a lower court has already heard
• The federal court is hearing the case on appeal
6. Federal Judges and Officers
• The President selects federal judges
– The person’s work record and political views
are taken into account
– The Senate must approve all federal court
appointments
– Are appointed for life
– Can be removed through impeachment for
wrongdoing
7. The Supreme Court
• Made up of a Chief Justice and eight
associate justices
• Is the court of the last resort – has the
final say
• Have the power of judicial review – the
authority to decide whether any branch of
government is violating the Constitution
8. Supreme Court
• Has both Original and Appellate
jurisdiction
• Accepts only a few 100 – 200 of the 5000-
6000 cases appealed to the court
• After a case is appealed to the Court, 4
justices must agree that it is a worthy case
to hear
• Writ of certiorari is ordered so that a lower
court must send up the records for review
9. Supreme Court
• After the Court agrees to hear a case, it
sets a date for oral arguments
• Each side submits briefs for review for the
Court (plaintiff v defendant)
• Given 30 minutes to argue their side
• The Justices meet in conference and
summarize their views and vote
10. Supreme Court
• The Court explains its position
– Majority Opinion
– Concurring opinion
– Dissenting opinion
11. Supreme Court Justices
• John Roberts (Chief Justice)- 2005 G.W. Bush
• Antonin Scalia- Reagan ‘86- most senior member
• Anthony Kennedy – Reagan ‘88
• Clarence Thomas- Bush ‘91
• Ruth Bader Ginsburg- Clinton ‘93
• Stephen Breyer- Clinton ‘94
• Samuel Alito- G.W. Bush ‘06
• Sonia Sotomayor- Obama ’09
• Elena Kagan- Obama ‘10- newest member