Oussema Othmeni Department of English Faculty of Arts and Humanities-Sousse

Unit 4: The Functions of the Branches of Government- The Judicial

Branch (Key Ideas)
(Booklet pp.24-28)

I. The Judicial Branch1

The federal judiciary operates separately from the executive and legislative branches but often
works with them as the Constitution requires. Federal laws are passed by Congress and signed by
the President. The judicial branch decides the constitutionality of federal laws and resolves other
disputes about federal laws. However, judges depend on the government’s executive branch to
enforce court decisions.
Courts decide what happened and what should be done about it. They decide whether a person
committed a crime and what the punishment should be. They also provide a peaceful way to decide
private disputes that people can’t resolve themselves. Depending on the dispute or crime, some
cases end up in federal courts, and some end up in state courts.

➢ The Supreme Court

The Supreme Court is the highest court in the United States. Article III of the U.S. Constitution
created the Supreme Court and authorized Congress to pass laws establishing a system of lower
courts. In the federal court system’s present form, 94 district level trial courts and 13 courts of
appeals sit below the Supreme Court.
The Constitution does not specify the number of Supreme Court Justices. However, the number is
decided by Congress. There have been as few as six Justices in the past, but since 1869, there have
been nine Justices, including one Chief Justice. All Justices are nominated by the President,
confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run
or campaign for re-election, they are thought to be insulated from political pressure when deciding
cases. Justices remain in office until they resign, pass away, or are impeached and convicted by
Congress.
The Supreme Court is the highest tribunal for all cases and controversies arising under the
Constitution or the laws of the United States. As the final arbiter of the law, the Supreme Court is
charged with ensuring the American people the promise of equal justice under the law and, thereby,
also functions as guardian and interpreter of the Constitution. The Supreme Court has complete
jurisdiction over limited types of cases, including those involving ambassadors, diplomats, and
cases between states.

➢ Courts of Appeals
There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S.
Courts of Appeals. The 94 federal judicial districts are organized into 12 regional circuits, each of

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Oussema Othmeni Department of English Faculty of Arts and Humanities-Sousse

which has a court of appeals. The appellate court’s task is to determine whether or not the law was
applied correctly in the trial court. Appeals courts consist of three judges and do not use a jury.
A court of appeals hears challenges to district court decisions from courts located within its circuit,
as well as appeals from decisions of federal administrative agencies. In addition, the Court of
Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases,
such as those involving patent laws, and cases decided by the U.S. Court of International Trade and
the U.S. Court of Federal Claims.

➢ District Courts
The nation’s 94 district or trial courts are called U.S. District Courts. District courts resolve disputes
by determining the facts and applying legal principles to decide who is right. Trial courts include
the district judge who tries the case and a jury that decides the case. Magistrate judges assist district
judges in preparing cases for trial. They may also conduct trials in misdemeanor cases.
There is at least one district court in each state and the District of Columbia. Each district includes
a U.S. bankruptcy court as a unit of the district court. Four territories of the United States have U.S.
district courts that hear federal cases, including bankruptcy cases: Puerto Rico, the Virgin Islands,
Guam, and the Northern Mariana Islands.
There are also two special trial courts. The Court of International Trade addresses cases involving
international trade and customs laws. The U.S. Court of Federal Claims deals with most claims for
monetary damages against the U.S. government.

➢ Bankruptcy Courts

Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or
farm bankruptcy. This means a bankruptcy case cannot be filed in state court. Through the
bankruptcy process, individuals or businesses that can no longer pay their creditors may either seek
a court-supervised liquidation of their assets or they may reorganize their financial affairs and work
out a plan to pay their debts.

II. Landmark U.S. Supreme Court Cases2

Throughout American history, the Supreme Court has issued decisions that have profoundly shaped
law, politics, and society. This section examines key rulings that have defined constitutional rights,
clarified the powers of government, and influenced public policy debates.

➢ Brown v. Board of Education (1954)

Issue: Do racially segregated public schools violate the Equal Protection Clause?

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Oussema Othmeni Department of English Faculty of Arts and Humanities-Sousse

Result: Yes. A unanimous Court overturned Plessy v. Ferguson and held that state laws requiring
or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth
Amendment. The Court famously stated, “separate educational facilities are inherently unequal”.

Importance: The Brown decision is heralded as a landmark decision in Supreme Court history,
overturning Plessy v. Ferguson (1896), which had created the “separate but equal” doctrine.
In Plessy, the Court held that even though a Louisiana law required rail passengers to be segregated
based on race, there was no violation of the Fourteenth Amendment's Equal Protection Clause so
long as the accommodations at issue were “separate, but equal”. By overturning this doctrine,
the Brown Court helped lay the ground for the civil rights movement and integration across the
country.

➢ Gideon v. Wainwright (1963)

Issue: Does the Constitution require that any individual charged with a felony, but unable to pay
for a lawyer, be guaranteed the free assistance of legal counsel?
Result: Yes, according to a unanimous Supreme Court. The Court held that the Sixth Amendment
right to assistance of counsel applies to criminal state trials and that “lawyers in criminal court are
necessities, not luxuries”.
Importance: Along with the right to assistance for state criminal defendants, the Gideon decision
had the effect of expanding public defender systems across the country.

➢ Miranda v. Arizona (1966)

Issue: Are police constitutionally required to inform people in custody of their rights to remain
silent and to an attorney?
Result: Yes, the Court found that the Fifth and Sixth Amendments require police to inform
individuals in custody that they have a right to remain silent and to be assisted by an attorney.
According to the Court, if the police fail to do so, a criminal court judge may rule that any
statements made by the accused cannot be admitted as evidence during trial.

Importance: The now famous “Miranda warnings” are required before any police custodial
interrogation can begin if any of the evidence obtained during the interrogation is going to be used
during a trial; the Court has limited and narrowed these warnings over the years.

➢ Roe v. Wade (1973)

Issue: Does the Constitution prohibit laws that severely restrict or deny a woman's access to
abortion?

Result: Yes. The Court concluded that such laws violate the Constitution's right to privacy. The
Court held that, under the Fourteenth Amendment Due Process Clause, states may only restrict
abortions toward the end of a pregnancy, in order to protect the life of the woman or the fetus.
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Oussema Othmeni Department of English Faculty of Arts and Humanities-Sousse

Importance: Roe has become a center-piece in the battle over abortion rights, both in the public
and in front of the Court.

➢ Dobbs v. Jackson Women’s Health Organization (2022)

Issue: Does the Constitution prohibit states from banning abortion before fetal viability?
Result: No. The Court ruled that the Constitution does not confer a right to abortion, overturning
Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). The decision returned the power to
regulate abortion to individual states.
Importance: The ruling marked a historic shift in abortion rights in the U.S., triggering significant
legal, political, and social consequences. It has led to a patchwork of abortion laws across states,
with some imposing strict bans and others expanding protections. The decision has intensified
debates over reproductive rights, judicial precedent, and the role of the Supreme Court in shaping
social policy.