Chapter 7
The Judicial Branch
Judicial Power
Judges must remain independent of a political party.
Judges must also determine which acts are not
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constitutional.
Power of judicial review-To view the laws of the land and
determine their constitutionality
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Structure of the Courts
Three Levels of Federal Court
Supreme Court, Court of Appeals and the District courts.
The Supreme Court is the highest court.
Only hears a few cases each year.
Cases are on appeal from a lower court.
If states are in disagreements the Supreme Court will hear the case
for the first time.
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Supreme Court
Appointed by the president and approved by the Senate
Lifetime terms
Session is from October to June
Current Justices
1. Chief Justice- John Roberts
2. Anthony Kennedy
3. Clarence Thomas
4. Samuel Alito
5. Neil Gorsuch
6. Ruth Ginsberg
7. Stephen Breyer
8. Sonia Sotomayor
9. Elena Kagan
Source: www.supremecourt.gov
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Court of Appeals
Another name Circuit Courts
Twelve courts
Appellate court
No new evidence can be submitted
Judges are appointed for life by the president
and confirmed by the Senate
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District Courts
• Trial Courts
• Criminal & Civil cases
• Hears cases for the first time
• Every state has one court – large states more
Texas has four
• Judges are appointed for life by the president &
confirmed by the Senate
• Grand juries determine if the case will be brought to trial
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Supreme Court Justice
Selection Criteria
Law Degree
Often from prestigious law schools.
Judicial Experience
Usually at the federal level
Age
50 - Average
Race and Gender Source: www.supremecourt.gov Source: www.nps.gov
First female = Sandra Day O’Connor in 1981
First African American = Thurgood Marshall in 1971
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Supreme Court Process
Select a case to review
1.Filing Briefs
• Both sides submit briefs that outline facts and arguments
2.Oral Argument
• Each side has 30 minutes to speak
• Justices can interrupt at any time to ask questions Source: www.supremecourt.gov
• Costs up to $500,000 to bring a case to the Supreme Court
3.Conference
• Cases are discussed Wednesday/Friday and a preliminary vote is taken
4.Assignment of Opinions
• Determine who will write the majority opinion for the case
• Chief justice assigns
• Dissenting opinion written by opposition
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“New Term Starts at United States Supreme Court.” United States Courts, Administrarive Office of the United States Courts, 1 Oct. 2012, www.uscourts.gov/news/2012/10/01/new-term-starts-united-states-supreme-court.
Supreme Court Checks
and Balances
Internal Checks
Supreme Court relies on the executive branch to enforce
the decisions
Presidential Influence
President influences the balance of power
Congressional Checks © Shutterstock.com
Congress cannot reverse a decision but congress can….
Pass a similar bill or impeach judges
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Newman.