Structure of the Federal Courts

What does the Constitution say in Article III?Provides for Supreme Court

Specifies jurisdiction

Provides details regarding juries/treason

No mention of court structure…

Structure of the Federal Courts

In Article I, sec. 8 (delegated powers)…

“Congress shall have the power to constitute tribunals inferior to the Supreme Court.”

(Structure is then created by Judiciary Act of 1789)

Structure of the Federal Courts

Two kinds of courts created by CongressConstitutional CourtsLegislative Courts

Basic Judicial Requirements

Jurisdiction Authority of a court to hear and decide a caseOriginal Appellate

StandingSufficient stake in matter to justify bringing suit

Jurisdiction of the Federal Courts Dual Court system

State systemsFederal system

Dual Sovereignty Doctrine says state and federal authorities can prosecute for the same action (upheld by Supreme Court)

Essentially, there are 52 court systems in the United StatesFederal Each of 50 statesWashington, D.C.

Three-Tiered Model

U.S. Circuit Courts of Appeal

1312 hear appeals from federal district courts in their jurisdictions

1 (13th Circuit or Federal Circuit) has national appellate jurisdiction over certain types of cases

3 or more judges; they review cases and determine if the trial court committed an error

Look at questions of law, not fact

Confirmation Process

1. Senatorial courtesy

2. Official Nomination

3. Senate Judiciary Committee hearings (“vetting process”)

4. Full Senate debate & vote

Factors Affecting Confirmation

“Paper trail” = ideologyPresident’s popularityTime remaining in President’s term Demographics Partisanship in SenateStance on “stare decisis”Litmus test?Overall competence