Chapter 11: The Federal Court System

1. Chapter 11: The Federal Court System Section 1: Powers of the Federal Courts Section 2: Lower Federal Courts Section 3: The Supreme Court

2. Section 1: Powers of the Federal Courts I: Jurisdiction of the Courts A. The U.S. has a _______ court system __________courts __________courts B. State courts have jurisdiction over cases involving STATE laws. Many state court judges are __________. Federal court judges are _____________. C. _________ courts have jurisdiction over cases involving U.S. laws, foreign treaties, and cases that involve how to interpret the Constitution.

3. Types of Jurisdiction • 1. ___________ jurisdiction • Court the case goes to _________. This depends on ______________________and/or where the _____________________ are from. Courts that have original jurisdiction are TRIAL courts. • If you lose your case, you can appeal to a court with. . . • 2. ___________________ Jurisdiction • 3. Concurrent Jurisdiction (what’s that?)

4. Where did the Supreme Court Get its Power? • Article _________ is vague • The Supreme Court’s power has developed over time. . . • Marbury v. Madison established the court’s power of __________________ • _________________ was the first Chief Justice of the Supreme Court. He used the court’s early cases to establish and expand Supreme Court authority (set precedent/establish case law)

5. Examples of Marshall Court Activism • Marbury v. Madison • Fletcher v. Peck • Dartmouth College v. Woodward • Gibbons V. Ogden • Why is each of these cases historically important? Review the case description in the back of your book.

6. Other Important Eras in Supreme Court History • The Taney Court Was known for ___________________rights Dred Scott case as an example • The Court and Due Process The “Civil War” or “Reconstruction” amendments Expansion of these amendments to ________________________________

7. Important Court Eras continued • The Court and ________________ • Granger cases • Slaughterhouse Cases • U.S. v. E.C. Knight and Company • Debs v. United States • “sick chicken” case • Because of the Supreme Court’s habit of ruling against his legislation, President Franklin D. Roosevelt attempted to “_______” the court with his appointees.

8. Important Eras continued • The Warren Court (1953-1969) • Chief Justice Earl Warren’s court focused on __________ ________of citizens • The Warren Court’s landmark case was Brown v. Board of Education of Topeka (1954) • Other cases involved protecting the rights of those ______________________________.

9. Section 2: Lower Federal Courts • Constitutional Courts a. Federal district courts serve as trial courts for both _______ and ____________cases There are currently ______ federal district courts. 1. ____________ cases are ones in which someone is being prosecuted for having broken a law. 2. A _________ case is when two people are suing each other or a person and the government are in a dispute.

10. Constitutional Courts continued • Criminal cases have 2 types of juries: • ______ jury • Petit or ________ jury • If you lose your case, you can _________. • There are 13 federal courts of appeals. • Which appellate district is Alabama in? • See p. 314

11. Legislative Courts • These are courts created by Congress to deal with specific types of issues • ________________________ • ________________________ • Federal Intelligence Surveillance Court (FISA) • ________________________

12. Selection of Federal Judges: What do Presidents Look For? • The president has the power to appoint all federal judges (with the approval of the Senate) according to the Constitution. • Presidents usually appoint judges from _____________________________ or _____________________on major issues. • Presidents follow _________________when nominating judges. • Federal judges are appointed __________. They keep these jobs until they ______, die or are ______________.

13. Section 3:The Supreme Court • What is the jurisdiction of the “highest court in the land?” • Has both appellate and original jurisdiction • Original jurisdiction involving. . . • Representatives of ______________________ • Lawsuits between ____________or between a state and the federal government, as in McCulloch v. Maryland • Very few of the cases the court hears every year are ___________ jurisdiction cases (only about 5 of the 100 or so cases the court hears.) • Has appellate jurisdiction over cases from • Lower courts _______________ • Federal district courts in certain cases (when an act of Congress has been found unconstitutional) • _______________________courts in cases involving federal laws or the Constitution.

14. How many are there? 1 chief justice John Roberts (09/29/05) 8 associate justices Samuel Alito (01/31/06) Stephen Breyer (08/03/94) Ruth Bader Ginsberg (08/10/93) Clarence Thomas (10/23/91) Associate justices continued David Souter (10/09/90) Anthony Kennedy (02/18/88 Antonin Scalia (09/26/86) John Paul Stevens (12/1975) Supreme Court Justices

15. Congress and the Court • _______________sets the number of the justices on the court. There have been _____since __________. • Justices’ salaries are set by Congress and may not reduce it. • Congress may remove justices by _____________them (treason, bribery) • The Constitution says little about what the justices are supposed to do, so their jobs have evolved over time. • Their main duty is to ____________________________. • The chief justice provides leadership by presiding over ____________ and _____________, which is when the justices discuss cases among themselves. ________________ assist the justices in their work.

16. Who Becomes a Supreme Court Justice? • Most are ________in their 50s or 60s. • One woman, one African-American on the current court. • Most have been ________ or ________ judges or been state attorney generals.

17. Appointing Justices • The Constitution gives the president the authority to appoint Supreme Court justices subject to Senate confirmation (how is this an example of checks & balances?) • The President’s choices are usually confirmed, but there’s no guarantee--even Washington had one of his nominees rejected. • The President solicits suggestions from top Justice Dept. officials, the ________________ and key Senators (senatorial courtesy) • The ______ is also involved in evaluating the professional qualifications of the nominee. • __________________, _________________, ____________

18. Other Influences on Nominating Justices • Key ____________________ play a role • NAACP • NOW • The other ____________ on the Court also play a role • Write letters of recommendation • May contact the president directly on behalf of a candidate • Ex. Chief Justice Burger and Harry Blackmun • Sandra Day O’Connor and William Rehnquist