Executive Legislative Judicial Executive

THE JUDICIAL BRANCH

The judicial branch is responsible for 

passing judgment on legal cases that 

challenge or require interpretation of acts 

of Congress and for trying criminal cases 

in which the defendant is accused of vio-

lating federal law. Federal courts also have 

appellate jurisdiction over state laws when 

challenged on constitutional grounds, 

and jurisdiction over cases involving more 

than one state, citizens of more than one 

state, or foreign parties.

The judicial branch consists of the 

Supreme Court and the lower federal 

courts, including the Courts of Appeal 

(also known as Circuit Courts or Appellate 

Courts), federal district courts, bankruptcy 

courts, and courts of federal claims. The 

courts of the federal judiciary hear both 

civil and criminal cases appealed from 

state courts. Their original jurisdiction 

covers cases relating to patents, trade-

marks, claims against the federal govern-

ment, bankruptcy, fi nancial securities, 

maritime law, and international claims.

As a separate branch of government, 

the judiciary is independent of the other 

two branches, subject only to the checks 

and balances defi ned in the Constitution. 

An independent federal judiciary is 

The U.S. Supreme Court building in Washington, D.C., houses the nation’s highest court. The nine justices on the 

court play a decisive role interpreting legal and constitutional issues for the nation.

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considered essential to ensure fairness 

and equal justice for all citizens. The 

Constitution promotes judicial indepen-

dence in two major ways. First, federal 

judges are appointed for life, and they 

can be removed from offi ce only through 

impeachment and conviction by Con-

gress of “Treason, Bribery, or other high 

Crimes and Misdemeanors.” Second, the 

Constitution provides that the compensa-

tion of federal judges “shall not be dimin-

ished during their Continuance in Offi ce,” 

which means that neither the President 

nor Congress can reduce the salary of a 

federal judge. These two protections help 

an independent judiciary to decide cases 

free from popular passions and political 

infl uence.

Although the judiciary was envisioned 

by the writers of the Constitution to be a 

branch insulated from political pressures 

and popular opinion, the process of se-

lecting judges has become highly politi-

cal. Supreme Court Justices and lower 

court judges are nominated by the Presi-

dent and take offi ce only when confi rmed 

by the Senate.

The Supreme Court currently has 

nine justices, a number set by law. Lower 

federal courts, including their jurisdic-

tions, number of judges, and budgets, 

are established by Congress. All federal 

judges require confi rmation by the Senate 

in order to take offi ce permanently. The 

President, however, may appoint judges 

for a temporary term while the Congress 

is not in session. Federal magistrates, who 

perform judicial activities such as setting 

bail, issuing warrants, and conducting 

hearings for minor offenses, are appoint-

ed to eight-year terms by Federal District 

Court judges.

H

OW THE

 U.S. I

S

 G

OVERNED

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T

he Supreme Court’s role as an equal