Article III: The Judicial Branch

Brought to you by the Supreme Court

“Clear and Present Danger”

“Substantial Disruption”

“Undue burden”

“trimester verdict”

“reasonable suspicion”

“exclusionary rule”

“executive privilege”

Citizens United

“Bong Hits for Jesus”

The United States Supreme Court

Ruth Ginsberg

1993

Chief JusticeJohn

Roberts2005

Clarence Thomas

1991

Anthony Kennedy

1988

AntoninScalia1986

Samuel Alito2005

Stephen Breyer1994

SonyaSotomayor

2009

Elena Kagan2010

Court makeup 9 Justices total.

• 8 Associate Justices• 1 Chief Justice

Term: Life Pay

• Justices each make $213,900. Chief makes $223, 500.

Appointed• by President, approved by Senate

Sections

•Judicial Review

•Jurisdiction

•Ways to the Court

•Proceeedings

•Decisions

•Cases

Judicial Review In ruling the Judiciary Act of 1789

unconstitutional in 1803, Chief Justice John Marshall established judicial review.

The Supreme Court proclaimed the power to declare acts of Congress (and others) unconstitutional thus empowering

the Judicial Branch.

Jurisdiction Original: heard first in a particular court

• Ex: government officials, two states Appellate: heard on appeal from a lower

court• Ex: can uphold, overrule, or modify

Exclusive: heard only in federal courts• Ex: ambassador, foreign official, federal crime

Concurrent: shared power between federal and state courts• Ex: citizens from different states

Authority to hear a case

Ways to the Court: Writ of Certiorari

Order by the Supreme Court directing a lower court to send up the record in a given case.

Latin for “to be made more certain”

Ways to the Court: Certificate A lower court has

asked the Supreme Court for a ruling or clarification on a case.

Rule of four applies. Four of the justices must agree to hear the case.

Ways to the Court: Appeals High percentage

of all cases reach the court from lower court appeals.

State, Constitutional, and Special courts all feed the Supreme Court.

Federal Court System

Proceedings Rule of Four: Four of the nine justices

must agree to hear a case.

Docket: The Supreme Court’s agenda.• The court receives over 10,000 cases for

review.

Proceedings: Briefs/O.A. Briefs

• Written statements from attorneys describing their arguments in the case.

• Amicus Curiae: Means “friend of the court” Briefs allowed for submission by outsiders. ie.

Organizations/Special Interests

Oral Arguments• 30 minutes for each side. Interrupted by

questioning from the justices.

Proceedings: Oral Arguments

Decisions Majority Opinion

• Decided by the chief justice, it is the official ruling of the court.

Dissenting Opinion• Opinion of the justices that

disagree with ruling

Concurring Opinion• Justices that agree, but upon

different grounds or reasons

Vocabulary•Judicial Review•Jurisdiction• Original• Appellate• Exclusive• Concurrent•Write of certiorari•Certificate•Appeal

•Rule of four•Docket •Briefs•Amicus Curiae•Oral arguments

•Majority opinion•Dissenting opinion•Concurring opinion