Judicial Branch

Judicial Branch

The Supreme Court

Powers of Supreme Court• Judicial Review• Interpreting Laws• Review any federal, state, or local law/action for constitutionality• Nullify or cancel laws found unconstitutional

Supreme Court• 9 Justices• Chief Justice + 8 Associate Justices

Jurisdiction• Original Jurisdiction:• Diplomats from foreign countries• Disputes between states

• Final authority in cases involving:• Constitution• Acts of Congress• Treaties with other nations

Organization and Duties• 8 associate justices led by chief justice• Congress sets this number & has power to change it

• Duty to hear & rule on cases• Choose cases to hear from thousands appealed yearly• Decide on case• Issue decision – Court’s opinion

Selecting the Justices• Presidential appointment• Influenced by:

• Attorney General & other Justice Depts• Supreme Court Justices• American Bar Association• Interest Groups – labor & civil rights groups

• Approved by Congress• Can be rejected based on:

• Doubts on qualifications• Legal philosophy

Background of Justices• All have been lawyers• Political support with presidents ideas

• Thurgood Marshall - 1967• Sandra Day O’Connor - 1981

Powers of the Court• Legislative & Executive branches must follow Supreme Court rulings• Removed from politics & special-interest groups

Marbury v. Madison (1803)• http://www.history.com/this-day-in-history/marbury-v-madison-

establishes-judicial-review

Marbury v. Madison (1803)• Judiciary Act 1789 – gave Court power of judicial review for acts of

state governments• 1803 - Are powers of Congress constitutional?

• First time Supreme Court determines federal law unconstitutional

Marbury v. Madison• John Marshall’s opinion sets forth principles of Judicial Review:

• Constitution is supreme law of the land• Conflict with law? CONSTITUTION RULES• Judicial branch has duty to uphold Constitution

Limits on Supreme Court• Depends on enforcement by executive branch, and state & local

officials. (Worcester v. Georgia)• Congress can change law ruled unconstitutional• Try to undo court rulings by adopting new amendment• Court can only hear and make rulings on cases that come to it.