Post on 24-Dec-2015
Chapter 11 The Federal Court System
I. Powers of the Federal Courts Supposed to balance the
other two branches Really had no power until
Chief Justice John Marshall was appointed chief justice in 1801
A. Jurisdiction of the Courts Each state has its own
courts system 1. Federal Court Jurisdiction
Jurisdiction: authority to hear certain cases
Some overlap from state courts
They hear cases on U.S. laws, treaties, or interpretations of the Constitution
There are also special situations they hear cases on
A. Jurisdiction of the Courts cont.
2. Concurrent Jurisdiction Both federal and state
courts have jurisdiction 3. Original and
Appellate Jurisdiction Trial court where the case
is originally heard is the original jurisdiction
Appellate jurisdiction: appeals for previously heard cases
B. Developing Supreme Court Power The court has developed from custom,
usage, and history 1. Early Precedents
Justice may not seek out cases Litigants have to bring them a case
2. Marbury v. Madison 1801, Adams’ midnight judges
appointments were challenged Established judicial review
Power to review acts of Congress 3. John Marshall’s Influence
The court established its power under his guidance
Gained power over state laws, contracts, interstate commerce, and tax laws
Federal govt. grew more powerful 4. States’ Rights Era and the Scott Case
Marshall died 1835, replaced by Roger Taney
Jackson appointed seven justices who supported states’ rights
Dred Scott case 1857
C. Due Process 14th Amendment guaranteed
citizenship to all Due process clause of it was
routinely challenged State may not deprive any person
of life, liberty, or property w/o due process of law
1. Slaughterhouse Cases 1873, courts ruled the rights did
not extend protection, simply protected them
2. Plessy v. Ferguson 1898, upheld segregation
3. The Court and Business Upheld several monopolies in the
late 19th century Changed during the progressive
era 4. Protecting Civil Liberties
Modern court has protected individuals
1954, Brown v. Board of Education
II. Lower Federal Courts Judiciary Act of 1789 est.
many of the lower courts A. Constitutional Courts
Est. in Article III Federal district courts, federal
court of appeals, and U.S. court of international trade
1. Federal District Courts Trial courts 94 districts today
550 judges For criminal and civil federal
cases Grand juries may issue
indictments for this 16 to 23 people
Petit juries hear the actual trial 6 to 12 people
A. Constitutional Courts cont. 2. Officers of the Court
Each has prosecutors, magistrates, judges, and U.S. marshals
3. Federal Court of Appeals Created in 1891 to lighten the
case load of the Supreme Court 13 U.S. courts of appeals
Divided into 12 judicial circuits 1 appellate court in each region 13th is a special national court Usually a panel of three judges
hears cases Can uphold a case, reverse it, or
send it back to lower courts 4. Court of International
Trade Customs Court Deals with tariffs Based in NYC
B. Legislative Courts Help Congress exercise its
power 1. U.S. Court of Federal Claims
Claims against the govt. 2. U.S. Tax Court
Dispute the IRS or Treasury Dept.
3. U.S. Court of Appeals for the Armed Forces
Military’s highest appeals court
4. Territorial Courts Virgin Islands, Guam, Puerto
Rico, etc. 5. Courts of the District of
Columbia 6. The Court of Veteran
Appeals 7. Foreign Intelligence
Surveillance Court For wiretaps and other spy
related cases
C. Selection of Federal Judged Presidential appointment and
Senate approval Serve for life
1. Party Affiliation Presidents favor their own
party, usually 2. Judicial Philosophy
A means to perpetuate the President’s political views
3. Senatorial Courtesy Pres. Submits nominees to the
Senators from that state If one disapproves, the
nomination is withdrawn 4. Background of Federal
Judges Almost all of them have legal
training from top schools Recently, more women and
minorities are gaining seats
III. The Supreme Court The court of last resort
in all federal law 9 justices serve for life Decisions are binding to
lower courts Hears mainly appeals
from lower courts Until 1891, justices still
had to ride the circuit Traveling to hold court in
regions All cases are heard in
Washington today
A. Supreme Court Jurisdiction Has both original and
appellate jurisdiction Hears original cases
involving: Representatives of foreign
govts. Cases where a state is a
party Small case load
Appellate cases fill the docket Hears cases that involve
the Constitution Also oversees acts of
Congress and treaties
B. Supreme Court Justices Nine justices
One chief justice and eight associate justices
Congress has the power to change the number
FDR tried to “pack” the court during the New Deal
Paid $208,000 per year Congress sets their wages
and cannot reduce them Congress may impeach
justices and remove them Justice Samuel Chase was
impeached in 1804 and acquitted
B. Supreme Court Justices cont. 1. Duties of the Justices
Not described in the Constitution
Developed from laws, tradition, and specific needs
Main duty: hear and rule on cases
Deciding which cases to hear
Deciding the cases Expressing their explanation
in the Court’s opinion Each justice oversee a
federal district Special situations
Justice Robert Jackson presided over the Nuremburg Trials
Justice Earl Warren investigated the Kennedy assassination
B. Supreme Court Justices cont.
2. Law Clerks Assist the justices with
their tasks 3. Background of the
Justices No Constitutional
requirements 6 were born outside the U.S.
There have been 104 justices
102 men, 2 women Most were judges before William Howard Taft served
after his presidency Does not represent the
general population demographics
Ex. Two African Americans
C. Appointing Justices Appointed by the President
and approved by the Senate One of Washington’s choices
was rejected 25% of nominees were
rejected in the 19th century More supportive now
Rejected two of Nixon’s and one of Reagan’s
Clarence Thomas faced great scrutiny
Some justices had different political ideas than the president thought Ike and Earl Warren
Attorney General and the Justice Dept. help the Pres.
C. Appointing Justices cont. 1. The Role of the American
Bar Assoc. (ABA) Largest national organization
of attorneys Consult with the president for
nominations Rate nominees’ qualifications
2. The Role of Other Interest Groups
Labor Unions, Natl. Org. for Women, or other groups can oppose candidates
Roe v. Wade has big influence
3. The Role of the Justices Chief justices are often active
in the selection process Write letters of
recommendation