4. The Judicial Branch Interprets the Law

4. The Judicial Branch Interprets the Law

4. The Judicial Branch Interprets the Law

The framers intended for the Constitution to be the “supreme Law of the Land,” meaning that no other laws or actions by the government or by any state can conflict with the Constitution. Protecting the Constitution is one of the principal responsibilities of the third branch of government, the judicial branch, which consists of the system of federal courts and judges.

judicial branch: the part of government, consisting of the Supreme Court and lower federal courts, that interprets the laws

4. The Judicial Branch Interprets the Law

Article III of the Constitution gives the basic framework of the judicial branch and establishes the country's highest court, the Supreme Court. It also gives Congress the power to create inferior (lower) courts to meet the nation's needs.

Federal courts also have the power to resolve disputes that involve national laws, the federal government, or the states. People accused of breaking national laws can be tried in federal courts.

Multiple Choice

What article deals with the Judicial Branch?

• 1

• 2

• 3

Federal Court System 

Congress has authorized two main sets of inferior federal courts—district courts and appellate courts. The United States is divided into 94 federal judicial districts, which are organized into larger regional circuits. Each circuit has an appellate court.

Federal Court System 

Most cases involving federal laws are first heard in district court. Citizens can appeal decisions given in district court, which means asking a higher court to review the case. Courts that review cases are called appellate courts, or courts of appeal, and they consider only whether the original trial was fair and legal. A decision by an appellate court can be appealed to the Supreme Court.

The Powers of the Supreme Court

 The Supreme Court is the last stop in the judicial system. Its decisions are final, and they are binding on all lower courts. Although the Constitution does not specify the size of the Supreme Court, Congress has set the size at nine members, who are called justices. The Constitution says that all federal judges, including Supreme Court justices, serve for “good Behaviour,” which means that once they are appointed, justices usually serve on the Court for life.

Multiple Choice

Judicial decisions are final

• true

• false

The Powers of the Supreme Court

A dispute goes directly to the Supreme Court only if it involves a state or an ambassador from another country. Any other case comes to the Supreme Court after a trial and an appeal in lower courts. Participants in either national or state courts may eventually appeal cases to the Supreme Court.

The Powers of the Supreme Court

Every year, lawyers ask the Supreme Court to review thousands of cases, but the Court agrees to consider only about a hundred. The Supreme Court usually reviews a case only if the justices think the decision made by a lower court might conflict with the Constitution or a federal law. After hearing statements from both sides, the justices debate among themselves and vote. Supreme Court decisions, which guide later decisions in lower courts, are announced and explained in writing.

The Powers of the Supreme Court

Early in its history, the Supreme Court defined the power of judicial review in Marbury v. Madison. This is the power to decide whether laws and acts made by the legislative and executive branches conflict with the Constitution. Courts all over the country rely on the Supreme Court for guidance about what is constitutional. Judicial review gives the Supreme Court great power in its role of protecting the “supreme Law of the Land.”

[judicial review: the power of the Supreme Court to decide whether laws and acts made by the legislative and executive branches are unconstitutional]

Multiple Choice

How many members are in the supreme court?

• 1

• 9

• 435

Multiple Choice

elected or appointed?

• elected

• appointed

Multiple Choice

citizenship requirement

• Natural born

• none

Multiple Choice

length of term

• 4 years

• 6 years

• life

Multiple Choice

age requirement

• 35 years

• 40 years

• none