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The Federal Judiciary. Magruder Chapter 18. The National Judiciary. The Creation of a National Judiciary. The federal court system was established by Article III of the Constitution Article III Section 1 There are two separate court systems in the United States
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The Federal Judiciary Magruder Chapter 18
The Creation of a National Judiciary • The federal court system was established by Article III of the Constitution • Article III Section 1 • There are two separate court systems in the United States • The United States has a national system of courts • Each State has its own court system that hears most of the cases brought in this country
The Creation of a National Judiciary • Over the years Congress has created two types of federal courts • Constitutional Courts include the Supreme Court, the courts of appeal, the district courts, and the Court of International Trade • Created under Article III, Section 1 • Judges serve for life
The Creation of a National Judiciary • Special, or legislative, courts are created by Congress and hear only a limited range of specialized cases. • Created under Article I Section 8 • Judges serve for a limited time
Jurisdiction in the Federal Courts • Federal courts can hear cases that arise out of the: • US Constitution • Federal Statute or Treaty • Cases affecting Ambassadors, other public Ministers, and Counsels • Cases of admiralty and maritime jurisdiction
Jurisdiction in the Federal Courts • Cases to which the United States is a party • Controversies between two or more States • Controversies between citizens of different States
Jurisdiction in the Federal Courts • Controversies between citizens of the same State claiming lands under grants of different States • Controversies between a State, or the citizens thereof, and foreign States, Citizens, or subjects • Article III Section 2
Jurisdiction in the Federal Courts • All cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts • Some cases have exclusive (federal courts only) jurisdiction • Some cases have concurrent (federal or state courts) jurisdiction
Jurisdiction in the Federal Courts • The district court in which a case is first heard is said to have original jurisdiction • The appellate court to which a case is appealed from a lower court is said to have appellate jurisdiction
Appointment of Judges • Federal judges are nominated by the President and confirmed by the Senate • Presidents almost always nominate persons from their own party who share their philosophy of government
Terms and Pay of Judges • Most federal judges are appointed for life and may be removed only through the impeachment process • Constitutional Courts only • Special Courts – 12 or 15 year terms • Table on page 478
Terms and Pay of Judges • Congress sets judicial salaries and benefits • Chief Justice – $208,100 • Associate Justices -- $199,200 • Court of Appeals -- $171,800 • District Court -- $162,100 • Can never be decreased
Terms and Pay of Judges • Judges can retire with full salary at the age of 70 after serving for at least 10 years or 65 if they have served for 15 years
Court Officers • Each district court has many officials who assist the district judge • Clerks – take care of the records of the court’s proceedings, maintain the court seal • Bailiffs – keep order in the courtroom • Stenographers – keep an accurate record of what is said in the courtroom
Court Officers • Magistrates – issue warrants of arrest, set bail, and can try certain minor offenses • Bankruptcy judges – at least one per district court • 326 in the US, serve 14 year terms • United States attorneys – try cases before the district courts • Federal marshals – national police
The District Courts • Formed in 1789 by Congress with the passing of the Judiciary Act of 1789 • At present there are 94 district courts in the United States • 50 States are divided into 89 district courts with one in D.C., one in Puerto Rico, one in Virgin Islands, one in Guam, one in Northern Marianas
The 632 district court judges hear 80 percent of the federal caseload • Each State forms at least one judicial district, and a minimum of two judges are assigned to each district
The District Courts • District courts have original jurisdiction over most of the cases heard in the federal courts • District courts hear both civil and criminal cases • District courts use both grand and petit juries
The Courts of Appeal • Courts of appeals were created in 1891 as “gatekeepers” to the Supreme Court • There are now 12 courts of appeals and 179 judges • Appellate courts are regional and usually hear appeals from courts within their circuits
The Courts of Appeal • They also hear appeals from the United States Tax Court, the territorial courts, and from decisions of federal regulatory commissions • Each Supreme Court Justice is assigned to one of the 12 circuits
Two Other Constitutional Courts • The Court of International Trade has nine judges who hear civil cases arising out of the tariff and other trade-related laws. • Sit in three judge panels • Hold trials in major ports: New York, New Orleans, San Francisco, Boston • Appeals go to Court of Appeals for the Federal Circuit
Two Other Constitutional Courts • The Court of Appeals for the Federal Circuit has 12 judges. It was set up in 1982 to centralize the appeals process in certain types of federal cases and in cases from certain lower and special courts • Has a nationwide jurisdiction • Hears only civil cases
Supreme Court Front Facade
Contemplation of Justice
The Supreme Court • Only court specifically mandated by the Constitution • Has a chief justice and eight associate justices • This is the highest court in the United States and has the final authority on all questions of federal law
Judicial Review • Judicial review is the power to decide on the constitutionality of an act of government • The Founders intended to give this power to the courts, but did not write it in the Constitution • Alexander Hamilton discussed this idea in Federalist 78 (quote p. 472) • The principle was established in the case of Marbury v. Madison (1803)
Judicial Review • Court often exercises this power • Constitution is the Supreme law of the land • Article VI • All legislative enactments are subordinate to the Constitution • Judges are sworn to enforce the provisions of the Constitution
Jurisdiction • The Supreme Court has great power as the ultimate authority on constitutionality and as the arbiter of disputes between States and between States and the Federal Government • The Supreme Court has both original and appellate jurisdiction
Jurisdiction • Original Jurisdiction is based on Article III Section 2 • Cases to which a State is a party • Cases involving Ambassadors, other public Ministers, and Consuls
Jurisdiction • Congress has provided that the Court shall have Exclusive and Original jurisdiction over: • Ambassadors or other public Ministers • Cases between States • Congress can control the appellate jurisdiction of the Supreme Court
Jurisdiction • Can remove any appellate jurisdiction that it wishes • But most of its cases are appeals • Since 1925, the Supreme Court has had almost complete control over its own caseload
How Cases Reach the Court • Over 6,000 cases are appealed to the Supreme Court each year • The Court will select only a few hundred to be heard • Under the “Rule of Four,” at least four justices must agree that the Court should hear a case before the case is selected for the Court’s docket
How Cases Reach the Court • The Court will dispose of half of the cases with a simple, brief, written statement • The Court decides, with full opinions, only about 100 cases per year • Most cases reach the Court by writ of certiorari – an order to a lower court to send the record in a given case to the Supreme Court for its review
How Cases Reach the Court • “Cert” is granted in only a limited number of cases • Constitutional question • When “Cert” is denied, the lower court ruling stands • A few cases reach the Court by “certificate” • Not clear about a rule of law
How Cases Reach the Court • Most cases reach the supreme Court through the State Supreme Courts and the Federal Courts of Appeal
The Supreme Court • Chief Justice • John Roberts (Bush, 2005) • Associate Justices • John Paul Stevens (Ford, 1975) • Antonin Scalia (Reagan, 1986) • Anthony Kennedy (Reagan, 1988) • David Souter (Bush, 1990)
The Supreme Court • Clarence Thomas (Bush, 1991) • Ruth Bader Ginsburg (Clinton, 1993) • Steven Breyer (Clinton 1994) • Samuel Alito, Jr. (Bush, 2006)
