3) The Judiciary Branch of Power

The third branch of government is the federal judiciary. Its main instrument is the Supreme Court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance with the Constitution. Congress has the power to fix the number of judges sitting on the Court, but it cannot change the powers given to the Supreme Court by the Constitution itself. The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court Justices for life. A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions. In addition to the Supreme Court, Congress has established 11 federal courts of appeal and, below them, 91 federal district courts.

The Supreme Court has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. All other cases which reach the Court are appeals from lower courts. The Supreme Court chooses which of these it will hear. Most of the cases involve the interpretation of the Constitution. The Supreme Court also has the "power of judicial review," that is, it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time.

The System of American Courts

Legal system in the USA consists of two kinds of courts: Federal and State.

State courts overwhelm majority of states, here are 4 levels:

1) Lower courts(L.C.) can be found in almost every village, these are basement courts. They are specialized: Police courts (deals with minor offences), Traffic courts, Civil courts (small claims) and Family ones. People go to the particular one they need. There is no jury, only a judge. If you want to appeal – go to a higher court.

2) Trial courts (T.C.) take into consideration more serious cases (rapes, murders…). Plus appeals from L.C. There is a jury.

3) Court of appeal. Deals with cases from T.C., but do not go over the whole case. Looks only at certain features, errors.

4) Supreme Court (1 for state). Small states have only 3 levels. S.C. acts as an appeal c., final appeal for state.

Federal system, 3 levels:

1. 91 District courts. Almost in every state, in large states even 2 (California). Cases: violation of federal law or the constitution (civil cases mostly, such as parents cases or theft from a post office). Federal judges are appointed for life.

2. 11 Courts of appeal. Cases from inferior courts. Review cases and make a decision.

3. Supreme Court. Consists of a Chief Justice and associate justices (члены суда). Only 9 judges.

Cases from inferior courts (very selective) + 3 types of cases

a) when one of the litigants (сторона) is the USA,

b) when federal law is violated,

c) when constitution is violated.

Original jurisdiction: cases of ministers, ambassadors, consuls and State.