Government and Politics

1. Government and Politics The Judicial Branch

2. Review: System of Checks and Balances • What checks does the Judicial Branch have on the Executive Branch’s Power? • The Legislative Branch?

3. Constitutional Power: Article III • Article III, Section 1 • The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. • Section 1 of Article III of the Constitution describes the way in which the Judicial Branch was created • The Federal (national) Court System is to include a Supreme Court and many inferior courts that Congress creates • Because the U.S. has a Federalist government, many State courts were also created

4. The Different Federal Courts • Constitutional Courts • Federal courts that Congress has formed under Article III to exercise “the judicial power of the United States” • Supreme Court • Courts of Appeals • District Courts • U.S. Court of International Trade • Special Courts • Courts created by Congress to hear cases arising out of some of the expressed powers given to Congress in Article I. • Hear a much narrower range of cases than Constitutional Courts • Sometimes called the Legislative Courts • U.S. Court of Appeals for the Armed Forces • U.S. Court of Appeals for Veterans Claims • U.S. Court of Federal Claims • U.S. Tax Court • Various territorial courts • Courts of the District of Columbia

5. The Courts of the United States

6. How Do We Decide Which Court Hears Which Cases? Jurisdiction: authority of a court to hear a case Exclusive and Concurrent Jurisdiction: Exclusive Jurisdiction – Cases that can be heard only in federal (national) courts Concurrent Jurisdiction – Cases that may be tried in either a federal or State court e.g. – Dispute between citizens of different states • Amount Disputed must be at least $75,000 for a federal court to hear the case.

7. How Do We Decide Which Court Hears Which Cases? Original Jurisdiction: Court in which a case is first heard has this type of jurisdiction Appellate Jurisdiction: Court that hears a case on appeal from a lower court has this type of jurisdiction • Higher Courts may uphold, overrule, or modify decision from the lower court Federal Courts Example: District Courts Have Only Original Jurisdiction Courts of Appeals Have Only Appellate Jurisdiction

8. What Cases Come Under Federal Jurisdiction? *Most cases in this country are heard in State courts, not federal courts Subject Matter of the Case • Interpretation and application of a provision in the Constitution or any federal statute or treaty • Question of admiralty law (on the high seas) • Question of maritime law Parties Involved in the Case • The United States or one of its officers or agencies • Ambassador, consul, official representative of a foreign government • A State suing another State • Citizen of one State suing a citizen of another State • U.S. Citizen suing a foreign government or one of its subjects • Citizen of one State suing a citizen of that same State where both claim land under grants from different States.

9. Court Appointments Article II, Section 2 …he (The President) shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States… • The President nominates Supreme Court justices • The Senate Must Consent to the appointment • Perspective judges go before a Senate committee before they are seated in The Supreme Court

10. Terms and Pay of Judges Article III, Section 1 …The Judges, both of the supreme and inferior Courts, shall hold their offices during good behavior… • Judges of Constitutional Courts are appointed for life (resignation, retirement, or death) • Removed only through impeachment process • As of 2012, Members of the Supreme Court Make over $200,000 annually • May retire at 70 after ten years of service, or 65 after fifteen years of service • Judges on Special Courts are not appointed for life *Why is it important that Supreme Court Justices have a life-time term?