Chapter 15: The Federal Courts

The Federal Courts

• The legal system• Federal courts• The power of the Supreme Court: Judicial

review• Judicial power and politics

The Legal System

• Within what broad categories of law do cases arise?

• How is the U.S. court system structured?

Cases and the LawTypes of Law

• Criminal law• Civil law• Public law

Cases and the LawTerms

• Criminal cases– Government– Defendant– Beyond a reasonable doubt

• Civil cases– Plaintiff– Defendant– Preponderance of the evidence

• Precedent or stare decisis

Types of Courts

• Trial court• Appellate court• Supreme court

Federal Jurisdiction

• What is the importance of the federal court system?

• What factors play a role in the appointment of federal judges?

• What shapes the flow of cases through the Supreme Court?

Federal Jurisdiction

• The lower federal courts• The appellate courts• The Supreme Court• How judges are appointed• Controlling the flow of cases

The Lower Federal Courts

• Courts of original jurisdiction• 272,661 cases in 1996• Eighty-nine district courts in the fifty states

and one in Puerto Rico• 610 federal district judges

The Appellate Courts

• Appellate jurisdiction• 51,524 cases in 1996• Twelve appellate circuits• Six to twenty judges per court of appeals

The Supreme Court

• Original and appellate jurisdiction• 7,601cases reviewed in the 1997–1998 term• One chief justice and eight associate

justices

How Judges Are Appointed

• Appointed by the president• Confirmed by the Senate• Senatorial courtesy

Controlling the Flow of Cases

• The solicitor general• The FBI• Law clerks

Federal Courts and Judicial Review

• What is judicial review?• How does judicial review make the courts a

lawmaking body? • How does a case reach the Supreme Court?• What factors influence the judicial

philosophy of the Supreme Court?

The Power of the Supreme CourtJudicial Review

• Judicial review of acts of Congress• Judicial review of state actions• Judicial review of lawmaking• How cases reach the Supreme Court• Explaining Supreme Court decisions

Judicial Review of Acts of Congress

• Judicial review is the power to review the constitutionality of governmental actions.– Marbury v. Madison (1803)– Federalist 78

Judicial Review of State Actions• Supremacy clause provides that the

Constitution is the supreme law of the land.• Supreme Court uses supremacy clause to

declare acts of the states unconstitutional.• Examples:

– Brown v. Board of Education (segregation)– Roe v. Wade (abortion statutes)– Loving v. Virginia (interracial marriages)

Judicial Review and Lawmaking

• The power of judicial review is used to define basic concepts as they apply to laws enacted by Congress and the president.

• The courts become lawmakers.

How Cases Reach the Supreme Court

• Constitutional jurisdiction• Standing• Mootness• Writ of habeas corpus• Writ of certiorari

The Supreme Court’s Procedures

• Briefs• Oral argument• Conference• Opinions and dissent

– Majority opinion– Concurring opinion– Dissenting opinion

Explaining Supreme Court Decisions

• Judicial activism• Judicial restraint• Political ideology

Judicial Power and Politics

• How has the power of the federal courts been limited throughout much of American history?

• How has this changed over the last fifty years?

• How has this changed the Supreme Court’s role in the political process?

Judicial Power and Politics

• Traditional limitations on the federal courts• Two judicial revolutions• The judiciary: Liberty and democracy

Traditional Limitations on the Federal Courts

• Standing• Remedies• Lack of enforcement powers• Political appointments• Congress controls size and jurisdiction

Two Judicial Revolutions

• Substantive revolution of judicial policy• Procedural revolution expanding judicial

power