Article III of the US Constitution

1. Article III: The Judicial Branch

2. Art. III Sect. 1
What is the basic function of the judicial branch?

3. Art. III Sect. 1
What is the basic function of the judicial branch?
- To interpret the law; however, this function is not explicitly
listed in the Constitution
What court is specifically mentioned in the Constitution?

4. Art. III Sect. 1
What is the basic function of the judicial branch?
- To interpret the law; however, this function is not explicitly
listed in the Constitution
What court is specifically established in the Constitution?
- the Supreme Court
Have inferior courts been established by Congress?

5. Art. III Sect. 1
What is the basic function of the judicial branch?
- To interpret the law; however, this function is not explicitly
listed in the Constitution
What court is specifically mentioned in the Constitution?
- the Supreme Court
Have inferior courts been established by Congress?
- Yes: Circuit Courts of Appeal and Federal District Courts,
tax courts, claims courts, and military courts

6. Federal Court System
District Courts: created by the Judiciary Act of 1789
- originally only 13 district courts; 94 today
Original jurisdiction = ?

7. Federal Court System
District Courts: created by the Judiciary Act of 1789
- originally only 13 district courts; 94 today
Original jurisdiction = power of a court to hear a case
before it is considered by any other court
What is the function of a grand jury?

8. Federal Court System
District Courts: created by the Judiciary Act of 1789
- originally only 13 district courts; 94 today
Original jurisdiction = power of a court to hear a case before
it is considered by any other court
What is the function of a grand jury?
- to indict or formally charge accused criminals
Petit or trial jury = ?

9. Federal Court System
District Courts: created by the Judiciary Act of 1789
- originally only 13 district courts; 94 today
Original jurisdiction = power of a court to hear a case before
it is considered by any other court
What is the function of a grand jury?
- to indict or formally charge accused criminals
Petit or trial jury = 12 jurors who hear and decide a court
case
U.S. Attorneys prosecute all federal criminal cases and
represent U.S. Govt in all civil cases

10. Federal Court System cont.
Circuit Court of Appeals = 2nd layer of federal judiciary
- 12 Circuit Courts of Appeals today plus one that hears only
special appeals cases such as tax, patent, and trademark
cases
Appellate jurisdiction = ?

11. Federal Court System cont.
Circuit Court of Appeals = 2nd layer of federal judiciary
- 12 Circuit Courts of Appeals today plus one that hears only
special appeals cases such as tax, patent, and trademark
cases
Appellate jurisdiction = the power to hear appeals from the
district courts in their circuit; an appeal is a challenge or
reconsideration of a previous ruling in a case
- either the procedure of the District Court is claimed to have
been faulty or the law by which the person was convicted
is claimed to be faulty
- cases are decided by a panel of judges; no jury involved
Only about 4% of appealed cases make it past the circuit
courts to the Supreme Court

12. The Supreme Court
3rd tier of the federal judiciary
most powerful court in the world although it was initially the
weakest branch of the govt by far
What are the Supreme Court judges called?

13. The Supreme Court
3rd tier of the federal judiciary
most powerful court in the world although it was initially the
weakest branch of the govt by far
What are the Supreme Court judges called? Justices
How many are there today?

14. Art. III Sect. 2: The Supreme Court
3rd tier of the federal judiciary
most powerful court in the world although it was initially the
weakest branch of the govt by far
What are the Supreme Court judges called? Justices
How many are there today? Nine by tradition, although the
Constitution does not specify the number
Original jurisdiction: cases involving foreign ambassadors,
ministers, and consuls; cases in which two states are the
parties; or in a dispute between a state and the U.S. Govt.
Appellate jurisdiction: lower court rulings are appealed to
the Supreme Court, which can rule on both fact and the
law (whether or not the U.S. Or state law in question is
constitutional.

15. The Supreme Court cont.
How does the Supreme Court work?
- They begin work the first Monday in October and usually
recess around the end of June
They hear arguments over a two week period, giving each
side of a case only 30 minutes, then take a two week
period to consider & discuss the cases and write their
opinions
The Court decides which cases it will hear each year, about
100 out of thousands submitted
Simple majority vote (at least 5 justices agreeing) decides a
case

16. Judicial Review
What is meant by judicial review?

17. Judicial Review
What is meant by judicial review?
- the principle of allowing the courts, especially the Supreme
Court, to rule on the constitutionality of federal laws
Established through various court cases, esp. Marbury v.
Madison
Watch first part of Episode 3 of Constitutional Literacy
Questions? Discuss

18. Art. III Sect. 1
How are federal judges given their jobs?

19. Art. III Sect. 1
How are federal judges given their jobs?
- appointed by the President, subject to Senate confirmation;
(Art. II Sect. 2) often controversial today
How long does a federal judge serve?

20. Art. III Sect. 1
How are federal judges given their jobs?
- appointed by the President, subject to Senate confirmation
(Art. II Sect. 2)
How long does a federal judge serve?
- as long as he behaves well (whatever that means!) or until
he resigns, dies, or is impeached
Is this undefined term length a good idea? Why did the
Founders set it up this way?

21. Art. III Sect. 1
How are federal judges given their jobs?
- appointed by the President, subject to Senate confirmation
(Art. II Sect. 2)
How long does a federal judge serve?
- as long as he behaves well (whatever that means!) or until
he resigns, dies, or is impeached
Why did the Founders set it up this way?
- They wanted an independent judiciary free from politics so
the judges would make rulings based on the law rather
than to keep their jobs
Should judge's terms be limited? They are in most states, but
not in the federal judiciary

22. Controversy over the Supreme
Court
Why have Supreme Court nominations become so heated
and controversial?

23. Controversy over the Supreme
Court
Why have Supreme Court nominations become so heated
and controversial?
- Because the Supreme Court has so much power and
sometimes legislates or sets policy from the bench
What are some examples of this?

24. Controversy over the Supreme
Court
Why have Supreme Court nominations become so heated
and controversial?
- Because the Supreme Court has so much power and
sometimes legislates or sets policy from the bench
What are some examples of this?
- Dred Scott, Brown v. Board of Education of Topeka (ended
school segregation), Roe v. Wade (right of privacy allows
abortion), school prayer cases, etc.
What is the difference between judicial restraint and judicial
activism?

25. Judicial Activism v. Judicial Restraint
Judicial restraint = strict constructivism, in which judges only
apply the clear meaning of the Constitution to make their
decisions
Judicial activism = broad constructivism, in which judges act
as policymakers, interpretating the Constitution to meet
present needs
Watch video of Justice Ruth Bader Ginsburg being
interviewed on Egyptian TV
Which category does she fall under?
The problem for me is that our nation no longer reveres or
recognizes the value of Biblical and traditional thinking of
the past in the realm of law. Without a firm foundation of
truth, we are vulnerable to the whims of the day.

26. Art. III Sect. 2.3: Trials
All federal criminal trials are by jury (except impeachment)
All trials will be held in the state in which the crime was
supposedly committed unless it was not committed in any
state. In that case Congress will choose the place
How many of you have witnessed a live trial? Any
comments?
Criminal law = crimes against the people in general such as
murder, theft, rape, etc.
Civil law = involves a dispute between two individuals or
parties such as breach of contract, often includes suing the
defendant; usually heard by a judge w/o a jury
Jury = group of people sworn to render a verdict in a court of
law

27. Art. III Sect. 3: Treason
Treason = ?

28. Art. III Sect. 3: Treason
Treason = making war against the US or helping an enemy
of the US by giving him aid and comfort; only crime that is
defined in the Constitution
- Note: This does not include thoughts or words that are
critical of the US or that praise an enemy
Requires the testimony of at least two witnesses to convict
someone of treason
Confession of treason must be public (can't be result of
torture or interrogation behind closed doors
Punishment = ?

29. Art. III Sect. 3: Treason
Treason = making war against the U.S. Or helping an enemy
of the U.S. By giving him aid and comfort; only crime that
is defined in the Constitution (Have you seen Breach?)
- Note: This does not include thoughts or words that are
critical of the U.S. Or that praise an enemy
Requires the testimony of at least two witnesses to convict
someone of treason
Confession of treason must be public (can't be result of
torture or interrogation behind closed doors
Punishment = up to death penalty since 1942, but the
condemned's family can't be punished and all property
seized by govt will be returned to his family when he dies