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The National Judiciary

The National Judiciary. Creation of a National Judiciary. Historical Background Remember that under the AOC there was no national judiciary Laws were interpreted and applied as the states saw fit. Founding Fathers realized the new gov’t needed a national judiciary.

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The National Judiciary

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  1. The National Judiciary

  2. Creation of a National Judiciary Historical Background • Remember that under the AOC there was no national judiciary • Laws were interpreted and applied as the states saw fit. • Founding Fathers realized the new gov’t needed a national judiciary.

  3. Creation of a National Judiciary • Historical Background • The U.S. Constitution, Article III • established a Supreme Court, and gave Congress the power to create “inferior courts”

  4. Creation of a National Judiciary • Historical Background • In 1789, Congress passed the Judiciary Act • This created the lower courts that “feed into” the SCOTUS

  5. Creation of a National Judiciary • Dual Court System • Federal Courts and State Courts • Remember, state courts had already existed for years. • What the Founding Fathers created was a “dual” court system which reflects their belief in federalism, and balanced federal and state power • There are over 100 federal courts and thousands of state courts.

  6. Jurisdiction • Refers to the authority of a court to hear, try, and decide a case. • Literally means “to speak the law” • In essence, trying to decide which court in our system gets to hear the case • Determining what cases get tried and where based on the type

  7. Jurisdiction Factors • Federal courts may hear cases because of: 1. Subject matter: • Most cases are tried in state courts. • But, some cases are the domain of federal courts only: • Cases involving federal law or “federal questions”

  8. Jurisdiction Factors • Federal courts may hear cases because of: 1. The parties involved: • The U.S. or one of its officers or agents • An ambassador or other official representative • One of the 50 states suing another state, resident, or foreign gov’t or citizen • An American citizen suing a foreign gov’t or citizen • A citizen of one state suing a citizen of another

  9. Types of Jurisdiction • Exclusive Jurisdiction –cases that can only be heard in federal court. Ex.—John Q. Public robs a bank (violating federal law) • Concurrent Jurisdiction –BOTH states and the federal courts share the power to hear a case. Ex.—John Q. Public (VA resident) damages the $100,000 boat of Jane A. Doe (MD resident)

  10. Types of Jurisdiction • Limited Jurisdiction –Some courts can only hear special types of cases. Ex.—traffic courts hear traffic disputes, bankruptcy courts, juvenile courts, etc.

  11. Types of Jurisdiction • Original Jurisdiction • The “trial court” or “court of first instance” • Where the case is tried by a judge or jury • The first court to hear the case • Appellate Jurisdiction • The court that hears a case on appeal from a lower court • The case is not retried, but reviewed.

  12. Federal Judges • Appointment of Judges • Article II, Section 2 of the Constitution says the President appoints federal judges and the Senate approves them. • President’s generally look for someone with experience and a shared political ideology.

  13. Federal Judges—Appointment Impact • Two philosophical issues can impact the appointments a President makes/Congress confirms: 1. Judicial restraint-the belief that judges should decide cases on: a. the original intent of Framers of the Constitution or those who wrote the law b. the precedence—decisions in similar cases. 2. Judicial activism-the belief that judges should: a. interpret law in light of ongoing social & moral changes b. apply a much broader view of judicial power.

  14. Federal Judges • Terms & Pay • According to the Constitution, federal judges serve “during good behavior”—for life or until they retire. • The only way to remove a federal judge is through the impeachment process—rarely used. • Federal judges salaries are fixed by Congress but can’t be reduced while the judge is serving—keeps Congress from manipulating the law through pay. • Today, SCOTUS justices make over $200,000 a year.

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