The Federal Judiciary

 

The third branch of government, in addition to the legislative (Congress) and executive (President) branches, 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.

Notes

1. judiciary, n – судебная система

2. nominate, v – выдвигать, предлагать кандидата

3. hold office – занимать должность

4. direct jurisdiction – первая инстанция

Ex. 18. Explain the meanings of the following expressions from the text and make sentences with each of them.

 

Chief Justice; Associate Justice; federal court; district court; direct jurisdiction; lower court; to be unconstitutional.

Ex. 19. Answer the questions.

1. What are the functions of the Supreme Court of the USA?

2. Who does the Supreme Court consist of?

3. How long do the Supreme Court Justices serve?

4. Are the Supreme Court Justices elected?

5. Who can change the decisions of the Supreme Court?

6. What lower courts, besides the Supreme Court, are there in the USA?

7. In what kinds of cases does the Supreme Court have direct jurisdiction?

8. What is the " power of judicial review"?

 

 

Ex. 20. Read the text and describe the way a case reaches the Supreme Court.