The Judicial Branch is an important part of the federal government that the founders created to act as a nonpartisan check on the other two branches of the government. It was designed so that the court system could act in the protection of individual rights, and liberties, and to ensure the government was adhering to the Constitution. The Founders aimed to establish an impartial judiciary, appointed for life to insulate them from political pressures or considerations. It is made up of District Courts, Appellate Courts, and the Supreme Court of the United States.
District Courts are the lowest level of the federal judiciary and have original jurisdiction in all cases. This means that if you are prosecuted or have a case that involves the federal government, you are likely to begin at the district court level. The chief prosecutor for the federal government is called the US Attorney, and the judges of the court are all appointed by the President, confirmed by the Senate, and assigned to each of the 94 District Courts around the nation.
Sometimes, Congress will create special courts that have special jurisdiction in cases, such as the Court of International Trade, the Foreign Intelligence Surveillance Court, or special Article I or IV tribunals.
The United States Courts of Appeals are the intermediate federal appellate courts. They operate under a system of mandatory review, which means they must hear any appeals from the US District Court by either party in a case. The Court of Appeals is divided into 13 appellate circuits across the nation. It is one of the most powerful courts because of the wide range of decisions they make on all cases appealed to them in the federal judiciary since the Supreme Court hears so few cases. The judges that sit on the Court are nominated by the President and Confirmed by the Senate, with about 14 judges on average. The court usually hears cases in small groups of three, unless an important case demands all judges hear the case as a group.
The Supreme Court of the United States is the highest court in the U.S. federal Judiciary and the head of the Judicial Branch. It is the only court specifically established by the Constitution and consists of justices nominated by the President and confirmed by the Senate. The Supreme Court is the final decision-making court, and as such has extraordinary power over the policies of the federal government. The Court holds original jurisdiction in some cases, such as those involving the States or “public ministers”. However, the Court has the ability to hear whatever appellate cases it wishes, meaning it can grant a “writ of certiorari” to any case it so chooses, or none at all. It hears only 80 cases every year out of the 7,000 appealed to it.
The Court consists of the Chief Justice and the Associate Justices of the Supreme Court, a current total of nine justices. However, this limit is set by Congress, which can increase the size of the Court at will. The Justices, like all federal judges, hold office for life. The only way they are removed is through death, resignation, or impeachment by Congress for bad conduct. A special power of the Chief Justice is to preside over trials of impeachment of the President of the United States.
The Court remains one of the most powerful institutions in America and aims to impartially protect Americans' rights and ensure the government adheres to the Constitution. It is an essential part of the government and one that continues to have a heavy role in the lives of Americans to this day.
