Heinler's History: The Judicial Branch of the Federal Government

Introduction

• Focus: Principle of judicial review.
• Goal: Explain how judicial review checks power of other institutions and state governments.

Structure of the Federal Court System

• Three-tier hierarchy

  • Supreme Court
    • Only court established by the Constitution (Article 3).
    • Judges appointed by President, confirmed by Senate.
    • Lifetime appointments (on good behavior).
  • Jurisdiction
    • Original jurisdiction: Hear a case for the first time.
    • Appellate jurisdiction: Hear appeals from lower courts.
    • Supreme Court has both, but mostly appellate.
  • Inferior Courts
    • Established by Congress (Article 3, Section 1).
    • Judiciary Act of 1789 structured lower courts.

• Courts of Appeals

  • 12 regional courts.
  • Appellate jurisdiction only.
  • Ensure law applied correctly.

• U.S. District Courts

  • 94 courts nationwide.
  • Only original jurisdiction.
  • Cases heard by judge and jury.

• Case Process

  • District Court (trial) → Court of Appeals (appeal) → Supreme Court (further appeal).

Power of the Courts

• Judicial Review

  • Power to rule on constitutionality of laws.
  • Not explicitly in Constitution.

• Federalist 78 (Alexander Hamilton)

  • Independence of judiciary via lifetime appointments.
  • Insulation from political pressure.
  • Focus on constitutional interpretations.
  • Judicial review: Decide if laws align with Constitution.

• Marbury vs. Madison (1803)

  • Established precedent of judicial review.
  • Key case in exercising judicial review.

Conclusion

• The Supreme Court uses judicial review as a powerful check on the other branches of government.
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