The Judicial Branch

The branch of government that interprets laws

Overview

The judicial branch is one of the three branches of the U.S. federal government, established by Article III of the Constitution. It is responsible for interpreting federal laws, resolving disputes, and determining whether laws comply with the Constitution.

The Supreme Court

The Supreme Court is the highest court in the United States and the only court established by the Constitution itself.

Court Structure

Justices

  • 9 Justices including 1 Chief Justice
  • Lifetime appointments
  • Appointed by President, confirmed by Senate

Jurisdiction

  • Original jurisdiction in certain cases
  • Appellate jurisdiction on federal questions
  • Final arbiter on constitutional interpretation

Current Court (2026)

Justice Position Appointed
John RobertsChief Justice2005
Clarence ThomasAssociate Justice1991
Samuel AlitoAssociate Justice2006
Sonia SotomayorAssociate Justice2009
Elena KaganAssociate Justice2010
Neil GorsuchAssociate Justice2017
Brett KavanaughAssociate Justice2018
Amy Coney BarrettAssociate Justice2020
Ketanji Brown JacksonAssociate Justice2022

Federal Court System

Beneath the Supreme Court exists a three-tiered system of federal courts.

U.S. District Courts

94 District Courts — The trial courts of the federal system.

  • Federal criminal and civil trials
  • Jury trials
  • Witness testimony and evidence
  • Decide facts and apply law

U.S. Courts of Appeals

13 Circuit Courts — The intermediate appellate courts.

  • 12 geographic circuits + Federal Circuit
  • Review decisions from district courts
  • 3-judge panels (usually)
  • No new evidence or witnesses

U.S. Supreme Court

1 Supreme Court — The highest court in the land.

  • Final interpretation of federal law
  • Decides constitutional questions
  • Writ of certiorari (most cases)
  • 9 lifetime justices

Judicial Review

Perhaps the most significant power of the judicial branch is judicial review — the ability of courts to determine whether laws and government actions comply with the Constitution.

Marbury v. Madison (1803)

The landmark Supreme Court case that established the principle of judicial review, giving courts the power to strike down laws that violate the Constitution.

Key Points About Judicial Review

  • Not explicitly mentioned in Constitution, but inferred from Article III
  • Applies to federal and state laws
  • Courts can declare executive actions unconstitutional
  • Supreme Court is the final arbiter

Constitutional Foundation

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

— Article III, Section 1 of the U.S. Constitution

Article III establishes the Supreme Court and grants Congress the authority to create lower federal courts. It also provides lifetime tenure for judges to ensure judicial independence.