Class Notes: Week of 3/30 (The Courts)

Article III of the U. S. Constitution creates the federal judicial branch.

The U. S. Supreme Court is the final arbiter of federal constitutional questions. The Court has the power to declare state and federal laws and actions null and void when they conflict with the Constitution. (See p. 425 of the text. This is known as judicial review--a power that the Court basically claimed for itself.)

There are 9 justices on the Supreme Court. Justices and federal court judges are nominated by the President and confirmed by the Senate. They serve life terms. The number of Supreme Court justices is determined by Congress.

The laws of each state establish the state courts. State court judges are selected in a variety of ways. A majority of states (including Kentucky) choose their judges in elections. Some states use merit selection systems to appoint judges.

The judicial branch is considered the least democratic of the three branches of government. Why?