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The judicial branch is responsible for interpreting the U.S.Constitution as it applies to federal laws and presidential policies.Judicial powers are exercised by the federal courts,which have jurisdiction over all cases rising under federal laws.All federal judges are nominated by the President,and are appointed with the consent of the Senate(meaning that they must be approved by a vote of confirmation in the Senate before taking office).Once federal judges are appointed,they serve“during good behavior”,which in effect means lifetime service.They can be removed from their office only by impeachment,which rarely happens.
The federal courts are divided into three tiers:the district courts,the circuit courts and the Supreme Court.The district courts are trial courts which hear all kinds of federal cases.The whole country is divided into 94 judicial districts,each with a district court.Above the district courts,there are 13 courts of appeals,also known as circuit courts.The whole country is divided geographically into 12 regions known as circuits.Each circuit has its own court of appeals,which hears cases from the district courts located in that circuit.
U.S.Supreme Court Building
At the highest level of the judicial branch is the United States Supreme Court,the only court explicitly established by the U.S.Constitution.It consists of a Chief Justice and eight Associate Justices.The U.S.Supreme Court is the highest court of appeal in the nation on issues involving the interpretation of the Constitution.It hears appeals from both the Federal circuit courts as well as the state Supreme Courts.The decisions made by the Supreme Court are called rulings.When the Supreme Court issues a ruling,it becomes a precedent and serves as a guide for similar future cases.
As the country’s highest court,the Supreme Court strongly influences national policy.When a law or governmental action is challenged and the case reaches the Supreme Court,the justices examine that law or action to determine if it violates the U.S.Constitution.If five or more of the justices conclude that it does,then the law or action is declared unconstitutional and becomes null and void.This process is known as judicial review.By exercising the power of judicial review,the judicial branch effectively checks the power of the legislative and executive branches.The following case,Brown vs.Board of Education,is an example of a landmark court ruling.
A black third⁃grader,Linda Brown,in Kansa had to walk one mile through a railroad switchyard to get to her black elementary school,although there was a white elementary school only seven blocks away.Linda’s father,Oliver Brown,tried to enroll her in the white school,but was refused by the principal of the school.Brown went to the head of Topeka’s branch of the National Association for the Advancement of Colored People(NAACP)for help.With“the right plaintiff at the right time”,the NAACP requested an injunction that would forbid the segregation of Topeka’s public school in 1951.Brown and the NAACP appealed to the Supreme Court in 1951 and the case was decided in 1954.The Supreme Court ruled in favor of the plaintiffs,and required the desegregation of schools across America.
Americans believe in the rule of law(Rule of law is the legal principle that a nation should be governed by law,rather than by arbitrary decisions of individual government officials.)and solve many of their disputes in courts.In civil(non⁃criminal)cases,the plaintiff initiates a case by filing a complaint with the appropriate court against a defendant.The court then provides the defendant with a copy of the complaint and summons them to appear.Next,the defendant files a written response to the complaint with the court.Often,the two parties can solve the problem through a negotiated settlement;only a small number of civil cases ultimately end in trials.Many civil cases are decided by a single judge without a jury trial.In more serious cases,a jury trial is typically conducted,especially if requested by the defendant.Trial by jury is a constitutional right that Americans value greatly.If the defendant is found to be at fault after trial,then the judge issues a decision(called a“judgment”)determining the remedy.
In criminal cases,the government is represented by a prosecutor who provides evidence in court to try to prove that the defendant is guilty of a crime.Under common law,the defendant is considered innocent until proven guilty;this has the effect of placing the burden of proof on the prosecution.
The Department of Justice is responsible for enforcing federal law.The U.S.Marshals Service within the Department of Justice carries out federal court orders.At the county level,sheriffs are typically the law enforcement officers,whereas the jurisdiction of a police force is usually a town or city.
The U.S.Constitution provides many guarantees to the rights of the accused.Four of the ten original amendments to the Constitution relate to the rights of the accused.For example,under the Sixth Amendment,if a defendant is too poor to hire a lawyer,then the government has to provide one to represent him or her.