The judicial branch interprets and reviews the laws and is in charge of deciding the meanings of the law. In this article, we will discuss the structure of the judicial branch, what the judicial branch does, and its role in the U.S. government.
The judicial branch defines the meanings of laws, the ways of applying them in actual situations, and learning whether they break the rules of the Constitution. We will also dig deeper into the powers of the judicial branch and its responsibilities toward American citizens.
It is essential to learn what is the judicial branch, as it is one part of the U.S. government. We also call this branch a court system as it encompasses different levels of Court. This branch of the United States government acquires the Supreme Court and lower federal courts, including district courts, courts of particular jurisdictions, and courts of appeal.
We can refer to the judicial branch as the federal judiciary that can decide the implication of law, whether it’s constitutional or not. The Constitution is the nation’s highest law, and only the Supreme Court can amend the constitutional body, which all lies under the judicial branch. Please keep reading to know more about judicial branch facts and their effect on the Constitution and the people of America.
What is the judicial branch?
It is clear now that the judicial branch is the government branch responsible for interpreting laws and ensuring justice. A branch of government that defines rules and applies them to real-life situations to resolve disputes.
Article three of the Constitution establishes the judicial branch by stating, “the judicial power of the United States vested in one Supreme Court.” Under this law, Congress can determine the shape and structure of the federal judiciary.
Judicial branch facts
In the United States, the Federal and State governments have three parts to run the country smoothly:
- The legislative branch
- The executive branch
- The judicial branch.
In the federal government, the Constitution of the United States establishes these branches mentioned above. However, the legislature or constitution establishes the judicial branch at the state level.
The President appoints the judicial branch members, and the Senate confirms them. Congress has the power to shape the federal judiciary, indicating that it can even determine the number of Supreme Court judges.
The judicial branch of the United States comprises the federal courts and judges, also known as justices. The President appoints the judges, and the Senate confirms them, and they remain for a lifetime. There is no election or procedure to select Supreme Court judges, so they can make free decisions using their conscience instead of pressure.
Congress gets the power through the Constitution to create courts that are inferior to the Supreme Court, which includes federal district courts and circuit courts of appeals. We will introduce you to some of the judicial branch facts:
- Individuals convicted of a crime can appeal the decisions to the Supreme Court, the highest Court in the United States.
- The U.S. Congress and U.S. President fundamentally determine the judicial branch.
- Congress determines the number of Supreme Court judges, and no one can remove them unless they retire by death or impeachment.
- Judges do not go through an electoral selection procedure, so they do not bother with their popularity which can affect the court decisions, and this procedure makes them focus on law and justice instead of winning fame and then electoral votes.
- The Constitution is the highest law in the United States, so the judicial branch determines whether any law breaks the Constitution’s rules. Nonetheless, the fundamental thing of the judicial branch is to determine the meaning of laws while determining how we can apply them in real-life situations.
- Some American states have Supreme Courts, but still, they are not the highest courts, as federal laws have jurisdiction over state laws. The Federal Supreme Court in the United States has jurisdiction over the state Supreme Court.
- According to an estimate, there are 7,500 requests for review cases yearly to the Supreme Court. Among them, they review only 150 cases. There are very few actual trials, and mainly the work of the Supreme Court involves reviewing.
- When the Supreme Court reviews any case, initially, they issue a ‘writ of certiorari.’ If four out of nine Supreme Court judges agreed to hear the case, they would admit it for review.
- Issuing a ‘writ of certiorari’ happens when two federal courts of appeals have made different rulings on a question of federal law.
- If someone is found guilty in a Supreme Court ruling, they can not appeal the decision in any court as the Supreme Court is the highest Court. There is only one way to make the change in the Supreme Court ruling is another decision from the Supreme Court, or any amendment in the Constitution can make it happen.
- Most cases that come to the Supreme Court are challenging the U.S. Constitution.
- For Supreme Court justice, there are no particular qualifications but training in law. The U.S. President has the right to nominate anyone they want; however, the Senate must approve the nominee. If the Senate disagrees on a nominee, the President must consider another nominee.
Structure of the judicial branch
The federal judiciary operates differently from the executive and legislative branches but interrelates as per Constitutional requirements. Congress passes federal laws, and the President signs them.
The federal judicial branch determines the constitutionality of federal laws and resolves if there are any related disputes. One must remember that judges need the executive branch of the government to implement the Court’s decisions.
Courts decide about any case and the details of any incident; they decide about the nature of crime and its punishment. It also helps resolve disputes peacefully, which people cannot resolve themselves.
Typically, it depends on the nature of the dispute or crime; some cases reach the federal courts, and some end up in the state courts. This justice system procedure involves several courts, lawyers, and judges. The judicial branch operates at the federal and state levels and performs two jobs:
- Settlement of disputes regarding laws.
- It ensures fair treatment under the law.
Supreme Court
We know very well now that the Supreme Court is the highest in the United States but is also a final appellate court. The Supreme Court came into place under Article III of the U.S. Constitution, whereas Congress passed the laws to establish the lower courts system.
The Supreme Court is the Court of first instance as it acquires the original jurisdictions over public official cases, ambassadors, and intrastate disputes. In addition, it is responsible for interpreting the Constitution while checking on related laws and maintaining checks and balances against the other two branches, including legislative and executive.
In the current federal court system, approximately 94 district trial courts and 13 appeals courts come under the Supreme Court. Indeed, it is the highest Court in the land and the only part of the federal judiciary the Constitution requires.
The Court’s caseload is always significant as one can not appeal the decision to any authority. The Court’s decision is the final judge in the United States in terms of Federal laws. At the same time, the S.C. can consider appeals from federal appellate courts and the highest state courts.
The Supreme Court has the authority to hear an appeal on any question of law which comes under its jurisdiction without holding any trials. The Court’s task is to interpret the meaning of the law to decide whether it is relevant to any given facts or according to the implication of the rule.
The fundamental task of the Supreme Court is to interpret the meaning of law and decide whether the specific law obliges the particular set of facts and tells us how to apply the law. Lower courts have obligations to follow the rules the Supreme Court precedents in the form of a set of decisions.
How many justices are on the Supreme Court?
There are nine Supreme Court Justices; among one is the Chief Justice, and eight are associate judges. Although if we dig deeper into U.S. history, there were only six judges. Justices serve for a lifetime thereof. They can preside over the cases until their retirement, death, resignation, impeachment, or conviction by Congress.
The number of judges remained at six since 1869; then, the number turned to nine, including one chief justice. The Supreme Court is the only Court mentioned in the Constitution and the highest in the three-tiered branch.
The House of Representatives must pass the impeachment to remove any federal judge, and the Senate convicts them. The Constitution does not set down the number of Supreme Court judges; instead, Congress does this honor.
Impeachment example
In 1804, there was only one impeachment of a Supreme Court judge, Justice Samuel Chase, as they accused him of conducting trial arbitrarily and oppressively. His fault was to dismiss the jurors depicting him as biased while excluding defense witnesses, which violated an individual’s right to a fair trial.
This powerful thing happened as his political bias was affecting his rulings. Acquitment happened after the Senate trial, yet he continued to serve on the Supreme Court until he died in 1811.
How does the Supreme Court deal with appeals?
We can notice clearly that the Supreme Court does not hear appeals in any direct way. However, the parties must petition the Court for a writ of certiorari. If four of the nine justices consider it, they approve the case to hear.
Court only considers those cases which have adequate importance to get the review. It usually happens when two federal courts have ruled quite differently on the same account of federal law.
After granting the certiorari, Justices accept legal briefs from all parties of the particular case and the other authentic yet related resources. These other parties, which they call friends of the Court, may include industry trade groups, academics, and could be the government of the United States.
The Supreme Court usually hears oral arguments before making any ruling, and during the discussions, all of the suit parties should be present there as Justices can ask them questions.
If any case involves the Federal government, to represent the government, the Solicitor General will represent the government. Later the justices can hold private conferences to decide and issue the Court’s opinion along with all the written arguments throughout the trial.
Court of Appeals
Thirteen appellate courts in the United States work under the Supreme Court, commonly known as the U.S. Courts of Appeal. The nation’s division comes into 12 regional circuits with their own courts of appeals. All 94 judicial districts have been organized under these 12 regional circuits, whereas the 13th Circuit Court of Appeals deals with the cases from the federal circuit.
The fundamental role of the Circuit Courts of Appeals is to determine the authenticity and correct application of the law in a trial court. Such courts consist of three judges, and there is no jury.
The Court of Appeals hears the complicated decisions by District Courts(courts located within its circuit) and the challenging decisions by Federal Administrative agencies. Additionally, the Court of the Appeals for the Federal Circuit has some extensive jurisdictions to deal with specialized cases involving patent laws and the issues which come under the U.S. Court of International Trade and the U.S. Court of Federal Claims.
Bankruptcy Appellate Panels
Bankruptcy Appellate Panels come under three-judge panels to deal with the bankruptcy court decisions appeals. All these panels are a unit of the federal appeals courts concerned circuit formats. Five circuits established the panels:
- First Circuit.
- Sixth Circuit.
- Eighth Circuit.
- Ninth Circuit.
- Tenth Circuit.
District Courts
The United States has 94 U.S. District Courts are trial courts, which resolve individual disputes by determining the facts, establishing the legal principles to decide the right one, and then ordering restitution.
Trial courts have a district judge and 12 persons on the jury who hears the case and choose accordingly. Magistrate judges usually assist district judges in case preparation for the trial and even can conduct to deal with wrongdoing.
Each state of America has one district court; each contains a U.S. bankruptcy court colliding with the district court. The following four territories of the United States include district courts with the authority to hear federal cases and bankruptcy cases.
- Virgin Islands
- Guam
- Puerto Rico
- Northern Mariana Islands
The district courts have the jurisdiction (by Congress and Constitution) to hear all criminal and civil cases. During a hearing of a few cases, state and federal law overlap, giving individuals the right to file the lawsuit in state or federal court.
Special trial courts
There are two special courts:
- The Court of International Trade deals with international trade and customs law cases.
- The U.S. Court of Federal Claims addresses claiming money for damages against the U.S. government.
Why is the judicial branch important?
The judicial branch is vital as it keeps the country and other components of government in line. The judicial branch interprets the laws made by the legislative branch while determining the constitutionality of laws.
The judicial branch can hear the cases for the implication of laws and treaties made by ambassadors and public ministers. In addition, it resolves significant disputes between states or related territorial waters and decides bankruptcy cases.
The judicial process
According to the Constitution of the United States, every citizen has the freedom and right to a fair trial before a judge and a jury. The Constitution’s Fourth, Fifth, Sixth and Eighth Amendments will provide additional protections to the accused. The people charged with any crime may include the following privileges:
- The Constitution guarantees that nothing can deprive a person of life, freedom, or property without due law obligations.
- Protection against trying the same crime twice.
- Speedy trial by an unbiased or impartial jury.
- They have the right to represent themselves legally.
- Everyone has the right to cross-examine witnesses and even call witnesses to support their case.
- Any citizen of the United States has the right to avoid self-incrimination.
- They also have the right to protection from excessive bail, fines, and cruel and unusual punishments.
Criminal proceedings
Any criminal proceedings they conduct under state or martial law depend on the crime’s nature and extent. Typically, the procedure begins with an arrest by a law enforcement officer. After proceeding with the accusation, the accused will appear in front of a judge, and if they charge him with the crime, the individual can enter a plea.
The law assures to provide time for the defendant to review all the evidence to build a legal argument. The case will come to trial, and the jury will decide. If the jury finds the defendant is not guilty, they will dismiss the charges. On the other hand, if the judge determines the sentence, it may include prison time, a fine, and in extreme cases, it could be execution.
Civil proceedings
Civil cases are almost similar to criminal ones, but they arbitrate between individuals and organizations instead of dealing with disputes between the state and a person or organization. In civil cases, the party who feels that some wrong happened to them can file suit in civil Court to find compensation for the damage.
After filing the suit, the next step is gathering shreds of evidence from both sides, and the trial will follow the same criminal case pathway. The jury typically decides the case and awards damages compensation; if the parties show concern about the jury for the trial, the judge determines the issue.
The appeal in higher courts
After the decision of the civil or criminal case, one can appeal to a higher court, a federal court of appeals, or a state appellate court. The person who files the draw, a litigant or appellant, must delineate a legal error by the trial court or an administrative agency that affected the case outcome.
The appellant court will, together with the case record established by the trial court, decide things accordingly, as it will not receive additional evidence or hear any witnesses. However, it can review the trial court’s factual findings, and if they find any error in the proceedings, it can overturn the trial outcome.
If the appellate court does not find the defendant guilty in any criminal proceedings, they must not undergo the same set of facts. There is a panel of three judges who decide for federal appeals. The appellant comes with legal arguments to the panel in a written brief.
With a brief, the appellant puts efforts into persuading the judges of the higher courts that the trial court made an error and there are legal grounds on which the judges can reverse the decision.
In comparison, the party defending against the appeal, are appellees or respondents, will persuade the judges that the trial court decision was correct. Or if there are any errors, they are not significant enough to affect the case outcome.
The Court of Appeals comes with a final verdict and sometimes sends the case back to the trial court for additional proceedings. In some cases, the Court will review the decision but with a larger group of judges of the Court of Appeals for the circuit.
Suppose any litigant loses in a federal court of appeals or any other higher state court. In that case, the final thing is filing a petition for a “writ of certiorari” asking the U.S. Supreme Court to review the case.
However, the Supreme Court only entertains some cases and grants review. The Court will only hear the case involving any new or essential legal law or if two or more federal appellate courts interpret the same law differently.
There could be some exceptional circumstances under which the Supreme Court has law obligations to hear an appeal. As the Supreme Court hears the case, both parties must file written briefs or can even hear oral arguments.
What does the judicial branch do with laws?
The U.S. The Constitution includes establishing the Judicial branch, with the Supreme Court and inferior courts.
- Check and balance
- Judicial review
- Judicial checks
Check and balance
The Constitution divides the U.S. government into three branches while distributing equal powers to each. The judicial branch deals with the laws and can declare the acts of the legislative and executive branches while providing a judicial review.
All three branches of government come with an equal distribution of power, as the executive branch checks the judicial branch through the nomination of judges. Whereas the legislative branch checks on the judicial branch through the confirmation and impeachment of judges.
Judicial review
The most crucial power of the Supreme Court is judicial review. Supreme Courts determine the unconstitutional laws and actions by the government and define public policy too. Through judicial review policy, the Supreme Court can overrule its own decisions.
For instance, the Defense of marriage act became law and declared the federal definition of marriage as a union between a man and a woman in 1996. On the other hand, the Supreme Court overturned the Defense of marriage act by ruling that same-sex marriage in 2015 was a Constitutional right.
Judicial checks
The judicial branch can check on the executive branch, as through the right of judicial interpretation, the Court can validate and justify the regulations of any administrative organization.
The judicial branch can develop written orders to prevent the executive branch from stepping out of its authority. They ensure that prisoners are first brought before the Court so the judge can decide the legitimacy of their arrest and there is no violation of the law or Constitution.
In addition, some of the writs will force government officials to perform their duties properly and prohibit any government official from doing any unlawful action.
Conclusion
While seeking an answer to what the judicial branch does, we learn it is all about court systems by which local, state, and federal governments will interpret the laws formatted by the legislative branch. They need the help of the executive branch to execute them. These courts deal with criminal and civil cases and try to resolve conflicts to protect the individual’s Constitutional rights.
The judicial brand of the United States comprises the Supreme Court and the lower federal courts with the right and power to decide the constitutional worth of a law. The Supreme Court is the highest Court of appeal which maintains checks and balances on the legislative and executive branches.
How many justices are on the Supreme Court? Nine justices make up the current Supreme Court. Among them, one is Chief Justice, and eight are associate judges. The President nominates the Supreme Court justices, and the Senate confirms them.
The main task of the Supreme Court is to overview the cases which restrain the U.S. Constitution. The significant power of the Supreme Court, which can affect many people’s lives, is that only the Supreme Court can change its decision; no authority else can challenge them.