Explainer: Understanding the Judicial Branch of the U.S. Government
The U.S. government is separated into three branches: legislative, executive, and judicial. The Judicial Branch interprets the law, settles legal disputes, and administers justice (McBride, 2020). It is often called the "guardian of the Constitution" because it can strike down laws or actions deemed unconstitutional (Barnett, 2017). The Judicial Branch holds the prestigious responsibility of judicial review: It serves as a check on the power of the other two branches of government and helps ensure that they act within the bounds of the Constitution. By striking down unconstitutional laws or actions, the judiciary can help protect citizens' rights and maintain the balance of power between the branches of government.
The Judicial Branch comprises of the Supreme Court, the highest court in the U.S., and lower federal courts (McBride, 2020). The Supreme Court is responsible for interpreting the Constitution and federal law and is composed of nine justices appointed by the President and confirmed by the Senate (US Courts, 2022). The Constitution granted Congress the power to decide the number of justices, and after changing numbers six times due to political motivations, Congress set the number at nine in 1869. The Supreme Court has the final say on many important legal issues and has the power to strike down laws that are found to be unconstitutional (Barnett, 2017).
For example, Mahanoy Area School District v. B.L. (2021) was a recent Supreme Court case involving a high school student who used vulgar language on social media, off-campus, to express her frustration with the school's cheerleading team. The school suspended her from the team for a year, citing violating the team's code of conduct. The case raised questions about the First Amendment's protection of students' speech off-campus. The Supreme Court ruled in favor of the student, holding that the school's punishment violated her free speech rights. The ruling will likely have significant implications for how schools regulate student speech in the digital age.
In addition to the Supreme Court, the Judicial Branch has lower federal courts (McBride, 2020). The lower federal courts include district courts, appellate courts, and specialized courts such as bankruptcy and tax courts (US Courts, 2022). District courts are the trial courts of the federal system. There are 94 district courts throughout the country, with at least one in each state as well as the District of Columbia and Puerto Rico. They are presided over by a single judge, and their primary responsibility is to decide the facts and apply legal principles in order to determine the prevailing party. These courts have original jurisdiction, which means they hear lawsuits arising from federal statutes, the Constitution, or treaties. Disputes based solely on state law can also be heard in federal court through a rule of a civil procedure called diversity jurisdiction. District courts are presided over by a single judge responsible for overseeing all aspects of the case, including determining the facts and applying the law to those facts to reach a verdict (Beatty & Samuelson, 2021).
On the other hand, appellate courts are responsible for reviewing the decisions of the district courts. There are 13 appellate courts in the federal system, 12 of which have jurisdiction over a specific geographic area, known as a circuit. The 13th appellate court is the Court of Appeals for the Federal Circuit. This court hears appeals for cases involving patent law and cases decided by the U.S. Court of Federal Claims and the U.S. Court of International Trade. The appellate court does not hold trials or hear evidence; instead, it reviews the case record and the parties' legal arguments to determine whether the district court judge made an error of law. Appellate court decisions are made by panels of three judges, who can either uphold or overturn the district court's decision (Beatty & Samuelson, 2021).
Several subcommittees within the Judicial Branch focus on specific areas of the law (US Courts, 2022). For example, the Advisory Committees continuously study the rules under their jurisdiction and recommend changes to the Judicial Conference through a Standing Committee on Rules of Practice and Procedure (US Courts, 2022). These advisory committees are composed of judges, lawyers, and law professors with expertise in the rules' subject matter. They review feedback from the bench, bar, and public on the current rules and consider proposals for revisions or additions. Another example is the Judicial Conference, a committee of federal judges that advises Congress on matters related to the federal judiciary (McBride, 2020).
The Judicial Branch plays a vital role in ensuring that the laws and actions of the government align with the principles laid out in the Constitution. Its role as the "guardian of the Constitution" is essential for maintaining the system of checks and balances between the three branches of government. With its various subcommittees, the Judicial Branch is also responsible for creating and modifying the rules that govern court proceedings, ensuring a fair and impartial judicial system for all.
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References and Further Reading:
Barnett, R. E. (2017). Our Republican Constitution: Securing the Liberty and Sovereignty of We the People. HarperCollins.
McBride, A. (2020). The judicial branch. National Constitution Center. Retrieved from https://constitutioncenter.org/interactive-constitution/branches-of-government/judicial-branch
US Courts. (2022). About federal courts. United States Courts. Retrieved from https://www.uscourts.gov/about-federal-courts
Beatty, J. F., & Samuelson, S. S. (2021). Business law and the legal environment. Cengage Learning
“Court Role and Structure.” United States Courts, https://www.uscourts.gov/about-federal-courts/court-role-and-structure.
“Comparing Federal & State Courts.” United States Courts, https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts#:~:text=State%20courts%20are%20the%20final,not%20to%20hear%20such%20cases.
“The Court as an Institution.” Home - Supreme Court of the United States, https://www.supremecourt.gov/about/institution.aspx.
“Why Are There Nine Justices on the U.S. Supreme Court?” Encyclopædia Britannica, Encyclopædia Britannica, Inc., https://www.britannica.com/story/why-are-there-nine-justices-on-the-us-supreme-court.
“Introduction to the Federal Court System.” U.S. Attorneys | Introduction To The Federal Court System | United States Department of Justice, 2 Dec. 2022, https://www.justice.gov/usao/justice-101/federal-courts.
“United States Court of Appeals.” Ballotpedia, https://ballotpedia.org/United_States_Court_of_Appeals#:~:text=The%20thirteenth%20court%20of%20appeal,administrative%20agency%20decisions%20and%20rulemaking.
