Chapter 11: The Chapter 11: The Federal Court System Federal Court System

Section 1: Powers of the Federal CourtsSection 1: Powers of the Federal CourtsSection 2: Lower Federal CourtsSection 2: Lower Federal CourtsSection 3: The Supreme Court Section 3: The Supreme Court

Section 1: Powers of the Federal Section 1: Powers of the Federal Courts Courts

I: Jurisdiction of the CourtsI: Jurisdiction of the CourtsA. The U.S. has a dual court systemA. The U.S. has a dual court system

state courtsstate courtsfederal courtsfederal courts

B. State courts have jurisdiction over B. State courts have jurisdiction over cases involving STATE laws. cases involving STATE laws.

Many state court judges are Many state court judges are elected.elected.

C. Federal courts have jurisdiction over cases C. Federal courts have jurisdiction over cases involving U.S. laws, foreign treaties, and involving U.S. laws, foreign treaties, and cases that involve how to interpret the cases that involve how to interpret the Constitution. Constitution.

Types of Jurisdiction Types of Jurisdiction

1. Original jurisdiction1. Original jurisdiction Court the case goes to FIRST. This depends Court the case goes to FIRST. This depends

on what the case is about and/or where the on what the case is about and/or where the plaintiff/defendant are from. Courts that plaintiff/defendant are from. Courts that have original jurisdiction are TRIAL courts.have original jurisdiction are TRIAL courts.

If you lose your case, you can appeal to a If you lose your case, you can appeal to a court with. . .court with. . .

2. Appellate Jurisdiction2. Appellate Jurisdiction 3. Concurrent Jurisdiction (what’s that?) 3. Concurrent Jurisdiction (what’s that?)

Where did the Supreme Court Get Where did the Supreme Court Get its Power?its Power?

Article III is vagueArticle III is vague The Supreme Court’s power has The Supreme Court’s power has

developed over time. . .developed over time. . . Marbury v. Madison established the Marbury v. Madison established the

court’s power of judicial reviewcourt’s power of judicial review John Marshall was the first Chief Justice of John Marshall was the first Chief Justice of

the Supreme Court. He used the court’s the Supreme Court. He used the court’s early cases to establish and expand early cases to establish and expand Supreme Court authority (set Supreme Court authority (set precedent/establish case law)precedent/establish case law)

Examples of Marshall Court Examples of Marshall Court ActivismActivism

Marbury v. Madison Marbury v. Madison Fletcher v. PeckFletcher v. Peck Dartmouth College v. WoodwardDartmouth College v. Woodward Gibbons V. OgdenGibbons V. Ogden

Why is each of these cases historically Why is each of these cases historically important? Review the case description in important? Review the case description in the back of your book. the back of your book.

Other Important Eras in Supreme Other Important Eras in Supreme Court HistoryCourt History

A.A. The Taney Court The Taney Court Was known for strengthening states’ Was known for strengthening states’ rightsrights

Dred ScottDred Scott case as an example case as an example

B.B. The Court and Due ProcessThe Court and Due ProcessThe “Civil War” or “Reconstruction” The “Civil War” or “Reconstruction” amendmentsamendments

Expansion of these amendments to Expansion of these amendments to economic policyeconomic policy

Important Court Eras continued Important Court Eras continued

The Court and BusinessThe Court and Business Granger cases Granger cases Slaughterhouse CasesSlaughterhouse Cases U.S. v. E.C. Knight and CompanyU.S. v. E.C. Knight and Company Debs v. United StatesDebs v. United States ““sick chicken” case sick chicken” case Because of the Supreme Court’s habit of Because of the Supreme Court’s habit of

ruling against his legislation, President ruling against his legislation, President Franklin D. Roosevelt attempted to “pack” Franklin D. Roosevelt attempted to “pack” the court with his appointees. the court with his appointees.

Important Eras continued Important Eras continued

The Warren Court (1953-1969)The Warren Court (1953-1969) Chief Justice Earl Warren’s court focused Chief Justice Earl Warren’s court focused

on civil liberties of citizenson civil liberties of citizens The Warren Court’s landmark case was The Warren Court’s landmark case was

Brown v. Board of Education of TopekaBrown v. Board of Education of Topeka (1954)(1954)

Other cases involved protecting the Other cases involved protecting the rights of those accused of crimes. rights of those accused of crimes.

Section 2: Lower Federal CourtsSection 2: Lower Federal Courts

I.I. Constitutional CourtsConstitutional Courtsa. Federal district courts serve as trial a. Federal district courts serve as trial courts for both civil and criminal casescourts for both civil and criminal cases

There are currently 94 federal district courts. There are currently 94 federal district courts. 1. criminal cases are ones in 1. criminal cases are ones in

which someone is being prosecuted for which someone is being prosecuted for having broken a law.having broken a law.

2. A civil case is when two 2. A civil case is when two people are suing each other or a person people are suing each other or a person and the government are in a dispute. and the government are in a dispute.

Constitutional Courts continued Constitutional Courts continued

Criminal cases have 2 types of juries:Criminal cases have 2 types of juries: Grand juryGrand jury Petit or trial juryPetit or trial jury

If you lose your case, you can If you lose your case, you can appeal.appeal. There are 13 federal courts of appeals.There are 13 federal courts of appeals. Which appellate district is Alabama in?Which appellate district is Alabama in? See p. 314See p. 314

Legislative CourtsLegislative Courts

These are courts created by These are courts created by Congress to deal with specific types Congress to deal with specific types of issuesof issues US Tax CourtUS Tax Court Court of Veterans’ AppealsCourt of Veterans’ Appeals Federal Intelligence Surveillance Court Federal Intelligence Surveillance Court

(FISA)(FISA) Armed Forces courtArmed Forces court

Selection of Federal Judges: What Selection of Federal Judges: What do Presidents Look For? do Presidents Look For?

The president has the power to The president has the power to appoint all federal judges (with the appoint all federal judges (with the approval of the Senate) according to approval of the Senate) according to the Constitution. the Constitution.

Presidents usually appoint judges from Presidents usually appoint judges from their own political party or who share their own political party or who share their views on major issues.their views on major issues.

Presidents follow senatorial courtesy Presidents follow senatorial courtesy when nominating judges. when nominating judges.

Federal judges are appointed for life. Federal judges are appointed for life. They keep these jobs until they retire, They keep these jobs until they retire, die or are impeached. die or are impeached.

Section 3:The Supreme CourtSection 3:The Supreme Court

What is the jurisdiction of the “highest court What is the jurisdiction of the “highest court in the land?”in the land?”

Has both appellate and original jurisdictionHas both appellate and original jurisdiction Original jurisdiction involving. . .Original jurisdiction involving. . .

Representatives of foreign governmentsRepresentatives of foreign governments Lawsuits between states or between a state and the federal Lawsuits between states or between a state and the federal

government, as in government, as in McCulloch v. MarylandMcCulloch v. Maryland Very few of the cases the court hears every year are Very few of the cases the court hears every year are

original jurisdiction cases (only about 5 of the 100 or so original jurisdiction cases (only about 5 of the 100 or so cases the court hears.)cases the court hears.)

Has appellate jurisdiction over cases fromHas appellate jurisdiction over cases from Lower courts of appeals Lower courts of appeals Federal district courts in certain cases (when an act of Federal district courts in certain cases (when an act of

Congress has been found unconstitutional)Congress has been found unconstitutional) State supreme courts in cases involving federal laws or the State supreme courts in cases involving federal laws or the

Constitution. Constitution.

Supreme Court Justices

How many are there? How many are there? 1 chief justice 1 chief justice

John Roberts John Roberts (09/29/05)(09/29/05)

8 associate justices8 associate justices Samuel Alito Samuel Alito

(01/31/06)(01/31/06) Stephen Breyer Stephen Breyer

(08/03/94)(08/03/94) Ruth Bader Ginsberg Ruth Bader Ginsberg

(08/10/93)(08/10/93) Clarence Thomas Clarence Thomas

(10/23/91)(10/23/91)

Associate justices Associate justices continued continued Sonia Sonia

Sotomayor(8/8/09)Sotomayor(8/8/09) Anthony Kennedy Anthony Kennedy

(02/18/88(02/18/88 Antonin Scalia Antonin Scalia

(09/26/86)(09/26/86) Elena Kagan (8/7/10) Elena Kagan (8/7/10)

Congress and the CourtCongress and the Court Congress sets the number of the justices on the Congress sets the number of the justices on the

court. There have been 9 since 1869.court. There have been 9 since 1869. Justices’ salaries are set by Congress and may Justices’ salaries are set by Congress and may

not reduce it.not reduce it. Congress may remove justices by impeaching Congress may remove justices by impeaching

them (treason, bribery)them (treason, bribery) The Constitution says little about what the The Constitution says little about what the

justices are supposed to do, so their jobs have justices are supposed to do, so their jobs have evolved over time. evolved over time.

Their main duty is to hear and rule on cases.Their main duty is to hear and rule on cases. The chief justice provides leadership by presiding The chief justice provides leadership by presiding

over sessions and conferences, which is when the over sessions and conferences, which is when the justices discuss cases among themselves. justices discuss cases among themselves.

Law clerks assist the justices in their work. Law clerks assist the justices in their work.

Who Becomes a Supreme Court Who Becomes a Supreme Court Justice?Justice?

Historically, most are men in their Historically, most are men in their 50s or 60s.50s or 60s.

Three women (one Latina), one Three women (one Latina), one African-American on the current African-American on the current court.court.

Most have been federal or state Most have been federal or state judges or been state attorney judges or been state attorney generals. generals.

Appointing JusticesAppointing Justices The Constitution gives the president the The Constitution gives the president the

authority to appoint Supreme Court justices authority to appoint Supreme Court justices subject to Senate confirmation (how is this an subject to Senate confirmation (how is this an example of checks & balances?)example of checks & balances?)

The President’s choices are usually confirmed, The President’s choices are usually confirmed, but there’s no guarantee--even Washington had but there’s no guarantee--even Washington had one of his nominees rejected. one of his nominees rejected.

The President solicits suggestions from top The President solicits suggestions from top Justice Dept. officials, the Attorney General and Justice Dept. officials, the Attorney General and key Senators (senatorial courtesy) key Senators (senatorial courtesy)

The ABA is also involved in evaluating the The ABA is also involved in evaluating the professional qualifications of the nominee. professional qualifications of the nominee. Well qualified, qualified, or not qualifiedWell qualified, qualified, or not qualified

Other Influences on Nominating Other Influences on Nominating JusticesJustices

Key interest groups play a roleKey interest groups play a role NAACPNAACP NOWNOW

The other Justices on the Court also play a The other Justices on the Court also play a rolerole Write letters of recommendationWrite letters of recommendation May contact the president directly on behalf of May contact the president directly on behalf of

a candidate a candidate Ex. Chief Justice Burger and Harry BlackmunEx. Chief Justice Burger and Harry Blackmun Sandra Day O’Connor and William Rehnquist Sandra Day O’Connor and William Rehnquist