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