The judicial branch

The third branch of the federal government, the judiciary, consists of a system of courts spread throughout the country, headed by the Supreme Court of the United States.

Article III of the Constitution states the basis for the federal court system:

The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.

With this guide, the first Congress divided the nation into districts and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 11 courts of appeals, 91 district courts, and three courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court.

The Supreme Court, consists of the Chief Justice of the United States and eight Associate Justices. The Court decides whether laws are constitutional - that is, consistent with the US Constitution - when cases appealed from lower courts raise this question. It also acts on disputes involving the national government, or two or more states, or citizens of different states.

The lower federal courts are the circuit courts of appeal and district courts. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law.

Appointed for life, the judges of all the federal courts can be removed from office only for misconduct and after trial by the Senate. Impeachment is considered a drastic measure, one that has been used on only rare occasions in the United States. The House of Representatives has voted articles of impeachment just 17 times in the history of the country. Thirteen of the 17 persons who have been impeached were federal judges.

The judicial system relies on the service of citizens as members of juries in federal, state and local courts. Every American of legal age is subject to jury duty, unless he or she can show that such service would constitute a severe personal hardship. Grand juries have enormous powers to investigate wrong-doing by public officials as well as private citizens. Trial juries sit in judgment of their fellow citizens charged with violations of the law.

The judicial system is premised on a belief in the equality of all individuals, in the inviolability of human rights and in the supremacy of the law. No individual or group, regardless of wealth, power or position, may defy these principles. No person, for any reason, may be denied the protection of the law.

9.22. Answer the following questions:

1. How many justices are there in the Supreme Court?

2. Name the lower federal courts.

3. What term are the judges of the federal courts appointed for?

23. Discuss the following chart. Compare the court system of the USA with that of your country.

The United States Court system

Supreme Court of the USA

Court of Appeal

Tax Court

District Courts

Claims Courts

Court of International Trade

9.24. Read the sentences below. Are they true or false?

1. The President lives in the US Capitol.

2. The US Capitol is in Washington, D.C.

3. A sitting President cannot be removed from office before his term ends.

4. There is no limitation on the number of terms for Senators.

5. The Senators are elected for two years.

6. Despite the Constitutional provision, that all legislative powers shall be vested in Congress, the President, as the chief formulator of public policy, has a major legislative role.

7. The President can veto no bill passed by Congress.

8. Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch.

9. The heads of the departments chosen by the Senate and approved by the President form the President’s Cabinet.

9.25. Complete the following sentences:

1. The President and Vice President are part of the ... branch.

2. The head of the Department of State is called ... of State.

3. The Senate must ... treaties.

4. The highest court in the US is the ... Court.

5. A judge of the Supreme Court is called ... .

6. A sitting President may be removed only by an ... process.

7. A ... must be over 30 years old.

8. If Congress passes a bill and the President signs it, the bill becomes ... .

9. If a President dies, ... assumes the office.

10. The Department of ... collects taxes.

26. You need to remember some important numbers in the US Government. Fill in the blanks below with the correct number.

1. Branches in the US Government 3

2. Senators in the US Congress _

3. Supreme Court Justices _

4. Representatives in the Congress _

5. States _

6. Senators from each state _

27. Complete the following puzzle with the words connected with the organization of the federal government. The first letters of some words are given to you.

C

C

F

F

P

E

C

B

D

J

C

L

S

E

E

9.28.. Complete the following dialogue.

Your friend: Haven’t seen you for ages! They say, you’ve been to the USA?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: And how long did your visit last?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: For 2 months! It’s a long visit. You had a chance to see many cities, I think.

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: Only Washington! It means that you had some special purpose. Oh, yes. I remember you were interested in the organization of the Federal Government of the country, weren’t you?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: It’s very interesting to know something from the person who’s just returned from the US. I hear that the President may be re-elected for three or four terms of office?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: Is it true that he has a privilege not to pay income tax?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: And what happens if the President «vetoes» or refuses to sign a bill passed by the Congress?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: I see. So his powers are not absolute and Congress plays an important role. What about Senators and Representatives? May they also be re-elected only for a second term like the President?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: What about their age? And must they be native-born citizens like the President?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: I read that the Judicial Branch is headed by the Supreme Court, but don’t remember who it consists of.

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: How can the judges of the federal courts be removed?

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Friend: You told me much interesting information, thank you. Hope to see you later.

You: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.29. Fill in the chart.

	President	Senator	Representative	Federal Judge
AGE
CITIZEN
TERM
LIMIT

9.30. Talking point.

Compare the organization of the legislative, executive and judicial branches in the USA and in your country. Discuss the responsibilities of the departments in both countries.