The JUDICIAL Branch [AP Gov Review Unit 2 Topic 8 (2.8)]

Summary

This video delves into the judicial branch of the U.S. federal government, focusing on the Supreme Court's structure and powers. It explains the three-tier federal court hierarchy, with the Supreme Court at the apex, established by the Constitution. The video outlines the court's original and appellate jurisdiction and how cases move through the system. It also explores the concept of judicial review, a power not explicitly granted but established in Marbury v. Madison, allowing courts to check the constitutionality of laws, thus balancing power among branches.

Takeaways

• 🏛️ The federal court system has a three-tier hierarchy with the Supreme Court at the top.
• 👨‍⚖️ Supreme Court justices are appointed by the president, confirmed by the Senate, and serve for life.
• 📚 The Supreme Court has both original and appellate jurisdiction, but mostly hears appeals.
• 📈 Original jurisdiction is limited to cases between states or involving high officials.
• 📉 Congress has the power to establish lower federal courts as per Article 3 Section 1.
• 📖 The Judiciary Act of 1789 established the structure and jurisdiction of lower federal courts.
• 🔄 The 12 regional Courts of Appeals have appellate jurisdiction, ensuring correct law application.
• 🏛️ U.S. District Courts have original jurisdiction and are found in every state.
• 📖 A case in the federal system typically starts in District Court, may move to a Court of Appeals, and finally to the Supreme Court.
• ⚖️ Judicial review is the power of courts to determine the constitutionality of laws, established in Marbury v. Madison.

Q & A

What is the primary focus of the video script?

The video script primarily focuses on explaining the structure and powers of the judicial branch of the federal government, particularly the federal court system and the concept of judicial review.

What is the significance of Article 3 in relation to the Supreme Court?

Article 3 of the U.S. Constitution officially establishes the Supreme Court and grants it the authority to hear cases. It is the only court established by the Constitution itself.

How are the judges of the Supreme Court appointed and what is the term of their service?

The judges of the Supreme Court are appointed by the President and confirmed by the Senate. They serve lifetime appointments, which means they have a job for life unless they engage in misconduct.

What are the two types of jurisdiction that courts can have?

Courts can have either original jurisdiction, which allows them to hear cases for the first time, or appellate jurisdiction, which allows them to hear appeals from lower courts.

What is the original jurisdiction of the Supreme Court?

The Supreme Court has original jurisdiction in cases between two states, cases involving ambassadors or other public officials, and certain other specific types of cases. However, its original jurisdiction is quite narrow.

How many regional Courts of Appeals are there and what is their jurisdiction?

There are 12 regional Courts of Appeals, each with appellate jurisdiction. They hear appeals from the lower federal courts within their respective regions.

What is the jurisdiction of the U.S. District Courts?

U.S. District Courts have original jurisdiction, meaning they hear cases for the first time before a judge and jury. Each state has at least one federal district court.

How does a case typically move through the federal court system?

A case typically begins in a District Court, may then be appealed to a regional Court of Appeals, and finally, if further appealed, it may reach the Supreme Court.

What is judicial review and why is it important?

Judicial review is the power of the courts, specifically the Supreme Court, to rule on the constitutionality of laws. It is important because it serves as a check on the legislative and executive branches, ensuring that laws align with the Constitution.

Where did the concept of judicial review originate?

The concept of judicial review originated from Federalist 78 written by Alexander Hamilton, which argued for the independence of the judiciary and its power to interpret the Constitution.

Which Supreme Court case established the precedent for judicial review?

The case Marbury v. Madison in 1803 established the precedent for judicial review, making the Supreme Court the final arbiter of the constitutionality of laws.