Article III:
The Judicial Branch
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Article II of the United
States Constitution creates the Supreme Court and gives Congress the power
to create lower federal courts.
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The role of the Judicial
Branch is to interpret the law based on its constitutionality
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Jurisdiction of the Supreme
Court
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Jurisdiction:
the right of a court to hear a case
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In most cases the Supreme
Court has appellate jurisdiction
(case originates in a lower court)
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In few cases the Supreme
Court has original jurisdiction (court
hears a case for the first time)
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Basic Facts of the Supreme
Court
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9 members serve lifetime
terms
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Appointed by the President,
confirmed by the Senate
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5 people must agree on
a decision
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Judicial Review:
power of the Supreme Court to determine the constitutionality of the legislative
& executive's actions.
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Idea grew under the leadership
of John Marshall
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Versions of Judicial Review
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Judicial Activism:
broad interpretation of the Constitution
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allows for the court to
begin changes in the law
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Judicial Restraint:
strict interpretation of the Constitution
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allows for legislators
to change the law
Federal
Court System