ARTICLE III

The Judicial Branch

Judicial Branch Interprets laws (says what they mean)

Led by Supreme Court

9 Supreme Courts justices (judges)

John Roberts: current supreme court chief justice

Appointed by President; serve for life

Judicial Review: power to declare laws unconstitutional

U.S. Supreme Court Building

Federal Courts

Supreme Court -Highest court in U.S.

Judges(Justices)

Appointed by President Approved by Senate Serve for life -must maintain good behavior

(can be impeached) Get a salary that doesn’t decrease -Chief: $223,500 -Associate: $213,900

Justices

9 total -1 Chief Justice and 8 associate

Justices

Fun Facts

There have been 112 justices The longest serving Justice was William O. Douglas who

served for 36 years, 7 months, and 8 days from 1939 to 1975.

William Howard Taft is the only person to have served as both President of the United States (1909-1913) and Chief Justice of the United States (1921-1930).

The youngest Supreme Court appointee was Joseph Story (32). The oldest sitting justice was Oliver Wendell Holmes, who served until he was 90.

Thurgood Marshall was the 1st African American appointed Justice (1967)

There are no formal requirements for becoming a Supreme Court justice. Everyone who has served on the Court has been a lawyer.

Fun Facts

Whenever we think about British judges, we immediately think powder-white wigs. Well, apparently this tradition just didn't catch on in the U.S. (not to mention, we may have been a little trigger-happy about getting rid of British traditions after the Revolutionary War!). After only one associate justice showed up wearing a white wig to a court meeting in 1790, President Thomas Jefferson quickly convinced him to ditch the wig, as it was reminiscent of the former oppressive British rule.

Inside The Supreme Court Building

Supreme Court

Only hears certain types of cases Types: Involving the Constitution National Laws Treaties States’ conflicts Affect Ambassadors & Public

ministers (consuls)

…continued

Appeals from Lower courts Judicial Review: The Supreme court decides if

laws are unconstitutional.

Treason

Fighting in war against the U.S. Siding with U.S. enemies Giving help or assistance to enemies

Treason

Tried for treason if crime is: -witnessed by 2 or more people -confess in open court Congress determines punishment

3 Major Steps in the Federal System

District Court

Court of Appeals

Supreme Court

91 1

12 3

1 9

Courts Judges

Another Route to Supreme Court

District Court

Court of Appeals

Supreme Court Arizona Supreme

Court

Arizona Court of Appeals

Superior Court

Process of a Criminal Case

U.S. attorney gathers up all the evidence against you

Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict you

If they vote to indict you, trial begins with a new jury

Process of a Criminal Case If you lose your trial, you have

the option to appeal to a higher court

The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision

Higher courts have the option to overturn or modify lower court decisions

Supreme Court

The “Court of Last Resort” – highest court in the country

Has power of judicial review

How a Case Reaches Supreme Court Court will issue a writ of

certiorari (acceptance of a case) if 4 of the 9 justices wish to hear it Called the “Rule of 4”

Or, court will issue a certificate if a lower court says they don’t know how to decide on it

Trial Process at Supreme Court

Trial does not function like principal trial courts No “evidence” presented, or witnesses questioned, etc.

Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices

Trial Process at Supreme Court

Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to Majority Opinion – final decision on the case, signed by at least 5 justicesBecomes precedent for how future similar cases should be decided

Trial Process at Supreme Court

Dissenting Opinion – written or signed by any justice who disagrees with the majorityIt’s important because it can become the logic for a future group of justices to overturn this decision

Trial Process at Supreme Court

Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why

If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)

Types of Legal Disputes• Criminal Law

– Crimes against the public order

– Liberty is at stake– Right to government-

provided attorneys– Right to trial by jury

• Civil law– Relations between

individuals, and their legal rights

– Typically monetary punishment

Check-up

What is the highest court in the U.S. called? How many Supreme Court Justices are

there? What is the head of the Justices called? How long does someone serve as justice on

the Supreme Court? If you are assisting enemies of the U.S., what

crime are you committing? What are the 2 ways you can be tried for the

above crime? What two types of Legal Disputes are there?