Unit 2: Interaction Among Branches of Government
Chapter 6: The Judicial Branch
Essential Question
How do the nation’s courts compete and cooperate with the other branches to settle legal controversies and to shape
p
...
Unit 2: Interaction Among Branches of Government
Chapter 6: The Judicial Branch
Essential Question
How do the nation’s courts compete and cooperate with the other branches to settle legal controversies and to shape
public policy?
CONSTITUTIONAL AUTHORITY OF THE FEDERAL COURTS
p. 189 U.S. District Courts Appointed by President, approved by Senate to life terms.
Mentioned in the Constitution.
p. 189 U.S. Circuit Courts of Appeals Appointed by President, approved by Senate to life terms. .
Mentioned in the Constitution.
p. 189 U.S. Supreme Court
Appointed by President, approved by Senate to life terms. .
Mentioned in the Constitution.
Article III
p. 190 Judge’s Terms
Also referred to as the life term, judges can interpret and rule
on law independent from other branches and not worry about
losing their job on a decision they deem as right.
p. 190 Original Jurisdiction
The Supreme court has original jurisdiction meaning they have
the right to hear a case for the first time. Usually cases
involving ambassadors and public ministers or when a state is a
party.
p. 190 Appellate Jurisdiction When the Supreme court acts as an appeals court. Appellate
jurisdiction gives the right for the court to hear an appeal.
p. 190 Treason
Two witnesses or more must testify in open court against one
who is being accused of treason to convict the accused.
Treason is defined in the Constitution as “levying war” or giving
“aid or comfort” to the enemy.
p. 190 Right to Jury Trial Stated in the Constitution, the defendant has a right to a trial
by jury.
p. 191 Federalist No. 78
Alexander Hamilton argued that the independency of the
judicial branch was the crucial piece in its effectiveness in
achieving a balance against corruption. Judicial review and
lifelong terms allowed judges to make constitutional rulings
pivotal to the nation without fear of career suicide. (So long as
they followed the law themselves)
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