The Judiciary Branch

The Judiciary Branch - THE JUDICIARY BRANCH I. Structure of...

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THE JUDICIARY BRANCH I. Structure of the Judiciary a. Constitution sets forth Supreme Court b. Legislative branch may create and destroy addition federal courts as it sees fit c. Federal judges must be appointed by president and confirmed by Congress i. How are Federal Officers appointed: Article II, § 2 “he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States” ii. Principle Officers – appointed by President with Senate approval iii. Four Ways to Appoint Inferior Officer 1. President, with Senate approval 2. President alone 3. Legislature 4. Head of the Department iv. How do you remove an officer? 1. Art. II, § 4 – “The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and conviction of, Treason, bribery, or other high crimes and misdemeanors” 2. Do other methods exist to fire an officer? d. Justice decisions cannot be reviewed by another branch i. Limits on Federal Judicial Power: federal courts are courts of limited jurisdictions, two primary limitations 1. Article III of the Constitution defines the scope of federal court authority 2. Congress plays an important role in limiting federal court jurisdictions e. Federal judges have life tenure f. Salaries of judges cannot be reduced I. Functions of the Judiciary g. States must consent to be sued h. Legislative can force judiciary what to do, not how to do it i. Supreme Court has superior role to other branches j. States are bound to SC decision II. Power of the Judiciary k. Power of judicial review i. Calder v. Bull 1798: 1. Facts: court asked to determine the validity of a state law which imposed punishment for an act which is not punishable when committed, hence the state law is an ex post facto law
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2. Holding/Reasoning: SC only has jurisdiction to determine if a state law is in accordance with the Constitution in a clear and urgent case l. Sovereign Immunity: Can a State be forced into Court? i. Chisholm v. Georgia 1793 1. Facts: A South Carolina citizen attempted to recover money from the state of Georgia in accordance with Article III 2. Reasoning: YES Article III, §2 “The judicial power of the United States shall extend to controversies between two or more States” a. Sovereignty resides in the people, not in the states, adopts Hamilton’s view b. Dissent: states must consent to be sued m. 11 th Amendment Adopted: “The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state” i. Constitutional limit on subject matter jurisdiction for all suits against state governments – in other words, federal court subject matter is limited by states’ sovereign immunity
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The Judiciary Branch - THE JUDICIARY BRANCH I. Structure of...

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