The Judicial Branch--Overview

uArticle 3 of the Constitution establishes the judicial branch of our government. The judicial branch interprets the laws (explains and determines the meaning of laws).

uThe Constitution establishes the Supreme Court, the highest law in the land. It then gives Congress the power to create inferior (lower) courts. State legislatures can create state courts.

uJudges on the Supreme Court are also called justices. There are currently 9 justices on the Supreme Court.

uFederal judges are appointed by the President and approved by Congress.

uFederal judges serve a life term. This means they don’t have to be reappointed. They serve until they either resign, die, or are removed from office by the process of impeachment.

uThe power of judicial review:

–The supreme courts of VA and the US decide if laws and acts are constitutional (legal according to the Constitution)

–Marbury v. Madison (1803) established judicial review.

uThe US Constitution is the highest law of the land and all national laws must conform to it.

uState laws must conform to both the US Constitution and the state’s constitution.

uIf a legislature passes a law that is in conflict with the Constitution, the courts can strike it down (judicial review).

uJurisdiction: the authority to hear and decide cases

–Original jurisdiction: the first court to hear the case

–Appellate jurisdiction: a court that can hear an appealed case

uJurisdiction also applies to location. For example, VA courts can only hear cases that involve a crime or dispute that occurred in VA.