CHAPTER 8: THE FEDERAL COURTS AND J B

CHAPTER 8: THE FEDERAL COURTS AND THE JUDICIAL BRANCH

Section 1: The Federal Court System

Section 2: Lower Federal Courts Section 3: The Supreme Court

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SECTION 1: THE FEDERAL COURT SYSTEM

  The American Court System   A Dual Court System

•  Constitution set up federal court system to clarify rulings between state courts and set national standard.

•  Authority of state and federal court systems from different sources: powers of state courts from state constitutions and state laws; authority of federal courts from Constitution and federal law

  Jurisdiction •  State courts have jurisdiction over state law; federal courts have

jurisdiction over federal law. •  Court that first hears a case has original jurisdiction; if appealed to

another court, that court has appellate jurisdiction. •  Federal courts have exclusive jurisdiction over matters involving

U.S. Constitution •  Cases involving residents of different states and sums above

$75,000 fall under concurrent jurisdiction, both state and federal courts; plaintiff may file case in either state or federal court

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  Structure of the Federal Court System   The Constitution left much of the structure of the U.S. federal court

system to the discretion of Congress.

  Judiciary Act of 1789 •  Outlined three-tiered system of federal courts; has remained

virtually the same since original proposal, Supreme Court is at top; below are circuit courts, district courts

  District Courts •  Each state must have one district court, district courts have original

jurisdiction over most federal cases

  Court of Appeals •  Originally circuit courts, courts of appeals hear appeals from district

courts and some federal agencies •  12 circuits with a court of appeals in each circuit

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  The Supreme Court •  Supreme Court is mainly an appellate court; has original

jurisdiction over some cases as outlined in the Constitution •  Court chooses which cases it hears; usually concern issues of

constitutionality   Other Courts

•  Some other courts created by Congress, known as Article I courts, have limited jurisdiction

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  Appointing Federal Judges   Presidents usually consider four items when nominating a federal

judge: legal expertise, party affiliation, judicial philosophy, and the opinions of the Senate.

  Legal Expertise   Most judges have been lawyers

  Party Affiliation   Presidents usually nominate judges from their political party

  Judicial Philosophy •  Presidents usually nominate judges with similar judicial philosophy •  Judicial restraint: judges interpret Constitution based on Framers’

original intention •  Judicial activism: meaning of Constitution should be adapted to

meet modern needs, most judges respect precedent   Opinions of the Senate

•  President consults senators before making judicial nominations •  Tradition of senatorial courtesy: senator from same state as

judicial nominee and same political party as president can block nomination to federal district court for almost any reason

•  Individual senators cannot block nominations to courts of appeals or Supreme Court 5


  Checks and Balances   Judicial Review

•  Primary check the judicial branch performs on executive and legislative branches

  Checks on the Judiciary

•  Appointment process is check on judiciary by executive and legislative branches. Congress has power to impeach and remove judges from office. Amendment process is legislative check on the judiciary

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SECTION 2: LOWER FEDERAL COURTS

  Lower Federal Courts

•  The courts in the 94 federal judicial districts have original jurisdiction over most federal and civil cases. They handle more than 300,000 cases a year.

•  The 12 federal courts of appeals have appellate jurisdiction only.

•  Under its Article I powers, Congress has established a number of specialized lower courts to hear cases of limited subject-matter jurisdiction.

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  Federal District Courts   The Jurisdiction of District Courts

•  Constitution mandates cases involving foreign governments, residents of different states be handled in district court

•  Federal violations: from violation of employment laws to handled in district courts

•  Panels of citizens called grand juries hear evidence in serious criminal cases.

•  District courts have separate bankruptcy court •  Court Officials

•  Judge is court’s highest official; judges instruct juries about law, make sure proper trial procedures are followed

•  Magistrate judges oversee early hearings in criminal trials, also hear civil cases or minor criminal cases called misdemeanors

•  Clerks of the court handle non-judicial tasks, maintaining records

•  Other Courtroom Officials

  Each federal court district has a U.S. attorney to represent the U.S. government.

•  U.S. attorneys prosecute individuals charged with federal crimes. •  Public defenders are lawyers appointed by court to represent

defendants who lack money to hire their own. •  U.S. Marshals provide security and police protection at federal

courthouses.

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  Federal Courts of Appeals   Purpose of the Courts of Appeals

•  Appeals courts: middle tier in hierarchy of federal court system •  Hear cases on appeal from district courts within their circuit •  Few appeals succeed

  Appeals Court Procedure

•  Most appeals heard by panel of judges, reviews court record and reads briefs; appeals courts rely on facts of original case, do not retry

•  Burden of proof lies with appellant; cases mostly overturned only when improper procedure was followed

  Appeals Court Ruling

•  Court’s ruling usually stands; occasionally reviewed by larger panel of judges or returned to district court for more hearings

  The Federal Circuit

•  Court of Appeals for Federal Circuit has nationwide appellate jurisdiction: cases dealing with patents, trademarks, government contracts, international trade 9


  Other Federal Courts   U.S. Court of International Trade: Hears cases involving laws and

rules of international trade

  U.S. Tax Court: Hears cases involving federal tax disputes

  U.S. Court of Appeals for Veterans Claims ; Hears cases involving disputes over veterans’ benefits

  U.S. Court of Federal Claims ; Hears cases involving claims over $10,000 owed by U.S. government. United States has sovereign immunity. In some circumstances the government can be sued

  U.S. Court of Appeals for the Armed Forces: Hears cases involving appeals from courts-martial, or military courts

  National Security Courts: Foreign Intelligence Surveillance Court reviews requests to spy on “agents of a foreign power” in U.S. Alien Terrorist Removal Court reviews requests to remove suspected terrorists from U.S.

  Military Commissions: Outside normal judicial system, rulings may be challenged in federal court

  Washington, D.C., and Territorial Courts: Congress created trial and appellate courts in locations outside federal system 10

SECTION 3: THE SUPREME COURT

  The Supreme Court

•  The importance of the Supreme Court has grown since the Court’s early days. As it gained in stature, the Court also tended to experience political shifts mirroring those in society at large.

•  Supreme Court justices are nominated by the president and must undergo a lengthy Senate confirmation process.

•  The Supreme Court meets from October to June or July, studying briefs, hearing oral arguments, discussing cases in conference, and issuing opinions on about 100 cases a year.

  Highlights of Supreme Court System   Early Visions

  Constitution does not explicitly define roles or structure of Supreme Court. Hamilton’s writings in The Federalist explained critical role of Supreme Court in providing checks on executive and legislative branches

  The Marshall Court

•  Chief Justice John Marshall established that courts have power of judicial review. Marshall led Supreme Court for more than 30 years; Court decisions expanded power of federal government, helped shape U.S. economy

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  Dred Scott

•  Supreme Court sided against Scott, held he was still a slave

•  Court ruled: Congress did not have power to outlaw slavery in

territories; therefore Missouri Compromise unconstitutional

•  Court’s decision in Scott increased tensions leading up to Civil War

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 From Reconstruction to Plessy •  Economic regulation and civil rights dominated Supreme Court •  Court’s narrow interpretation of 13th, 14th, 15th Amendments left to

states protection of newly freed African Americans’ civil rights •  Court made much regulation of economy unconstitutional

 The Court and the New Deal •  Court continued to quash efforts at economic regulation •  Court found many New Deal programs unconstitutional, eventually

deferred to Congress regarding economic measures •  Court became more liberal during Roosevelt’s time in office

 From the 1950s to the Present •  Court under Chief Justice Earl Warren was considered activist •  Achieved many civil rights victories, including landmark Brown

decision mandating desegregation of public schools •  Today Court is more conservative

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  Choosing Supreme Court Justices

  Choosing a Nominee •  Constitution: no formal requirements for Supreme Court justices; most

justices have served in government, had legal background •  Presidents typically nominate individuals from same political party

who share their judicial philosophy •  Presidents first gauge Senate support or opposition for nominee

  Confirmation Hearings •  Confirmation process: Senate Judiciary Committee questions nominee;

nominees hesitant to share opinions on controversial issues

•  After hearing, committee votes on nomination; full Senate vote usually matches committee’s; most nominees are confirmed

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  Supreme Court Procedures

  The Term Begins

•  Court session from October until June or July •  Justices work in two-week blocks, first hearing arguments from

lawyers and then ruling on cases presented •  Each justice has four law clerks as assistants

  Selecting Cases •  Court usually chooses which cases it hears; most cases come from

federal court of appeals; others from high state courts or are cases of Supreme Court’s original jurisdiction

•  If Court grants appellant a writ of certiorari, it agrees to hear the case; if denied, lower court’s ruling stands

•  If case is on Court’s docket, usually it deals with important issue of constitutional or federal law

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 Briefs and Oral Arguments •  Justices first study briefs, then hear oral arguments; lawyers usually

have 30 minutes to present their side of a case

 Opinions •  Chief justice leads discussion of case in private; Court issues formal,

written opinion exploring issues, precedents, reasoning behind majority opinion

•  Concurring opinions sometimes accompany majority opinion; justices who disagree with majority opinion may issue dissenting opinion

 Court Orders •  Supreme Court gives plenary review to about 100 cases per term •  Where Court does not fully review a case, it may issue court order

directing lower court to reconsider

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CHAPTER 8: THE FEDERAL COURTS AND J B

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