Articles 3-7

Article 3   Article 4   Article 5
Article 6   Article 7

ARTICLE 3 – The Judicial Branch

• The Constitution set up only one court, the Supreme Court, but  gave Congress the power to set up other federal courts. 

• Congress has created two other kinds of federal courts:  courts of appeals and district courts.

• The Constitution also gave states the power to create their own court systems.

• Federal judges, including Supreme Court justices, are appointed by the President.  The Senate must approve each appointment. 

• Once appointed and approved,  federal judges never have to run for election or be reappointed.  Their appointments are for their lifetime, and they hold their judgeships as long as they want, unless they are impeached.

• The Federal Courts

• Supreme Court -- one court with 9 judges called justices

• It is the highest court in the United States.

• Justices serve for life, unless dismissed for bad behavior.

• Decides if laws passed by Congress are in conflict with the Constitution.  If a law is declared unconstitutional, the law is not valid and cannot be used. (This is Judicial Review...)

• Also hears appeals from lower courts. 

• Can overturn decision made by lower courts. 

• The Chief Justice oversees impeachment trials in the Senate.

• Courts of Appeals

• There are 12 federal courts of appeal.

• They hear cases on appeal
  (Thus, no new trials, no juries)

• Decide if decision made by district courts followed due process.  Can overturn lower courts' decisions.

• Decisions are final unless the case is appealed to the Supreme Court.

• Supreme Court Justices serve for life.

• District Courts

• There are 91 trial courts

• Justices serve for life.

• They are trial courts (Evidence is presented, juries hear cases.) 

• They hear cases about crimes and disputes where Federal laws have been broken…

Chart of Federal Courts

• Supreme Court & Judicial Review

• The Supreme Court has appellate jurisdiction over
  all state supreme courts

• Federal appellate courts. This means that the Supreme Court can hear cases that are appealed in these courts.

• The Supreme Court also has the power of judicial review, the authority to declare laws made by Congress or states unconstitutional.  (This power is not stated directly in the Constitution.)

• The right of judicial review was first established in 1803 by Chief Justice John Marshall in the case Marbury versus Madison.

• Trials & Treason

• Article III says that a person has the right to a jury trial in all criminal cases, except for impeachment trials.

• Article III defines treason as an act of war against the United States or the act of helping an enemy of the U.S.

• Treason is thus a federal crime, not a state crime.