Chapter 11 The Federal Court System

1. Chapter 11 The Federal Court System

2. 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 • 1. Federal Court Jurisdiction • Jurisdiction: authority to hear certain cases • They hear cases on U.S. laws, treaties, or interpretations of the Constitution

3. 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

4. B. Developing Supreme Court Power • The court has developed from custom, usage, and history • 1. Early Precedents • Justice may not seek out cases • 2. Marbury v. Madison • Established judicial review • Power to review acts of Congress • 3. John Marshall’s Influence • The court established its power under his guidance • Federal govt. grew more powerful

5. 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. Plessy v. Ferguson • 1898, upheld segregation • 2. The Court and Business • Upheld several monopolies in the late 19th century • Changed during the progressive era • 3. Protecting Civil Liberties • Modern court has protected individuals • 1954, Brown v. Board of Education

6. 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

7. A. Constitutional Courts cont. • 2. Federal Court of Appeals • Created in 1891 to lighten the case load of the Supreme Court • 13 U.S. courts of appeals • 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

8. 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

9. C. Selection of Federal Judged • Presidential appointment and Senate approval • Serve for life • 1. Party Affiliation • Presidents favor their own party, usually. Progressive vs Conservative • 2. Judicial Philosophy • A means to perpetuate the President’s political views • 3. Senatorial Courtesy • Pres. Submits nominees to the Senators from that state • 4. Background of Federal Judges • Almost all of them have legal training from top schools • Recently, more women and minorities are gaining seats

10. 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

11. 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 • Appellate cases fill the docket • Hears cases that involve the Constitution • Also oversees acts of Congress and treaties

12. 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

13. 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

14. 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

15. 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