C Unit 3 Article 111 judges, supreme court jud.APPEALETE JURISDICTION JUDGES ARTICLE 111
All federal courts are beneath the Supreme Court
beneath supreme court
A large system of federal courts has been created by
congress
the judicial power shall extend to all cases...arising under this constitution, the laws of the united states, and treaties made, or which shall be made, under their authority. constitution of the united states, article 111
constitution of the united states, article 111
the surpeme court hears most/majority of its cases from appeals from lower
courts
Which statement best describes the relationship between judges and other branches of government? The executive and legislative branches install judges, but cannot punish them for their rulings. The executive and legislative branches cannot give judges their jobs, but can take them away. The executive and legislative branches are able to remove judges for any reason. The executive and legislative branches do not interact with the judicial branch.
The executive and legislative branches install judges, but cannot punish them for their rulings.
Article 111 of Constitution
sets up Judical branch
once a case is decided the only thing that can change it is amending the consitution itself
the supreme court being the court of last resorts
Article 111 judicial branch is the shortest in constitution. the constitution left many key questions unanswered such as:
unanwsered: how the federal court system should be created what good behavior means how the judicial branch should interpret the constitution
The constitution protects judges and justices from political pressure by ensuring that they:
1 can hold office during good behavior (as long as they dont break laws or bring embarrasment to the court) 1 are paid a salary that cannot be reduces during their tendor
[Limited government] can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. —Alexander Hamilton, Federalist No. 78 Which statement is the best summary of this passage? Courts preserve limited government by protecting the Constitution from attack. Courts are a threat to limited government under the Constitution. Courts must work with other branches of government to protect the Constitution. Courts alone have a responsibility to follow the Constitution.
Courts preserve limited government by protecting the Constitution from attack.
Courts job The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. —Alexander Hamilton, Federalist No. 78 Which statement comes closest to summarizing the meaning of this passage? Courts should not try to interpret the laws. Courts should interpret laws and the Constitution. Courts should follow the laws but not the Constitution itself. Courts should follow the laws of the legislature.
Courts should interpret laws and the Constitution.
Purpose of the Judicial branch
Federalist papers no 78
Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence. —Alexander Hamilton, Federalist No. 78 Why does Hamilton think judges should be appointed permanently rather than on a periodic basis? Permanent appointments allow for greater regulation but less independence. Periodic appointments promote a fatal independence. Periodic appointments are hard to regulate. Periodic appointments would destroy a judge's independence.
Periodic appointments would destroy a judge's independence.
The judicial power of the United States, shall be vested in one Supreme Court. Constititution of the United States Article 111
Supreme Court serves as the final authority on legal questions leads the judical branch
Article 111 Federal court system Use the drop-down menus to complete each statement. Article III of the Constitution establishes a single _________ . Article III also gives__________the power to create "inferior," or lower courts.
Supreme Court Congress
alexander hamilton federalist no 78 that inflexible and uniform adherence to the rights of the constitution and of individuals...can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regualted, or by whomsoever made, would insome way or other , be fatal to their necessary independence That inflexible and uniform adherence to the rights of the Constitution, and of individuals . . . can certainly not be expected from judges who hold their offices by a temporary commission. —Alexander Hamilton, Federalist No. 78 According to this passage, what can be expected of people appointed as judges temporarily? They will be unusually concerned about the Constitution. They will be flexible and inconsistent in doing their job. They will be fair to the Constitution but not to individuals. They will be unhappy with their temporary commissions.
They will be flexible and inconsistent in doing their job.
a
a
Federalist no 78
alexander hamilton expressed his opinions on these purposes in federalist no. 78 in 1788
article 11 us constitution sets up constitution supreme court and gives powers. the most power for one is.... the supreme court has jurisdiction in _________
all situations
the Supreme Court may hear a case first heard in a lower court under its
appellate jurisdiction
Selection of Federal Judges inferior court judges and supreme court justice are
appointed by the president (executive branch) approved by the U.S. Senate (the legislative branch)
the framers of the constitution created with key purposes in mind Purpose of the Judicial branch
article 111
original jurisdiction
authority to hear a case for the first time the surpeme court has the court has the power to hear many kinds of original cases including: cases involving federal laws and the constitution cases where the u.s. is a party or being sued cases between states
appellate jurisdiction
authority to hear a case on appeal from a lower court
The judicial branch has the power to try crimes by jury Trial by jury is a
basic right
Supreme court is the
highest court in land
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. —Constitution of the United States Article III The purpose of this passage from the Constitution is to identify the jurisdiction of the federal courts. distinguish between laws and treaties. establish a system of inferior courts. place specific limits on the federal courts.
identify the jurisdiction of the federal courts.
judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the united states, and treaties made, or which shall be made, under thier authority constitutionof the united states article 111 sets up judiial power judicial power of the united state
in the law and equity means judical power of the us should treat and handle all kinds not just criminal not just cival all kinds of cases not just small or big any kind
Judicial
interprests law
jury is under the strict supervison by a
jduge
a courts authority to hear a case is its
jurisdiction
the constitution also provide information about the people that will do the work in the judicial branch
justices and judges
jurisdiction
legal boundaries of authority
nine surpreme court justices can serve a
life term
Supreme court justices serve
life terms
Limited government can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the maifest tenor of the constitution void. alexander hamilton federalist no 78
limited government..........declare all acts contrary....constitution void role of court limited government juidicial be a check on legislative body so they dont become too powerful anything that goes against to constitution should not be law courts role to decide that
Other Courts The constitution gives congress the power to establish lower, or inferior, courts.
lower, or inferior, courts
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. Constitution of the United States, Article 111
one Supreme court inferior courts means lower courts congress may ordain and establish
when a court hears a case that has not been heard before it is
original jurisdiction
supreme court has two types of jursidiction
original jurisdiction appellate jurisdiction
different congress and the executive branches to make meaning of article 111 in constitution it has been short and left unanswered
question how the federal court system should be created what good behavior means how the judicial branch should interpret the constitution
courts key job alexander hamilton federalist no 78 the interpretation of the laws is the proper and peculiar province of the courts. a constitution is , in fact and must be regarded by the judges as a fundamental law. it therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceding from the legislative body.
right place and unique to courts to do so fundamental law belongs to them to ascertain to understand its meaning courts rule or on anything congress passes
Article 11, Section 2 (the president) shall nominate, and by and with the advice and consent of the senate, appoint...judges of the supreme court, and all other officers of the united states, whose appointments are not herein otherwise provided for. Constitution of the United States
sets up a check on the judicial branch it says: justices of supreme court are appointed by president executive and approved by the us senate leg. branch
article 11 us constitution sets up constitution supreme court and gives powers.
sets up and give supreme court its powers
The Constitution establishes a
single Supreme Court for the United States that: serves as the final authority on legal questions leads the judical branch
the supreme court almost always serves as an appellate court (court of last resort)
supreme court appeals
Supreme court is not the only court
system