Chapter 18
The Federal Court System
The Framers provided for a national
system of courts to correct a major
weakness in the Articles of Confederation.
The Constitution provides for a Supreme
Court and for other courts created by
Congress. The federal courts operate in a
dual court system, alongside the courts of
each of the fifty states.
Section 1:
The National Judiciary
• The BIG Idea:
• The Constitution outlines the structure of
the federal judiciary, the jurisdiction of the
courts, and the functions of federal judges.
Creation of a National Judiciary
• During the years of the Articles of Confederation, there
were no national courts and no national judiciary.
• The laws of the U.S. were interpreted and applied as
each state saw fit, and sometimes not at all.
• Disputes between States and persons who live in
different states were decided by the courts in one of the
States involved.
• The Framers corrected this problem in the Constitution:
– “The judicial Power of the United States shall be vested in one
Supreme Court, and in such inferior courts as the Congress may
from time to time ordain and establish.”
A Dual Court System
• There are two separate court systems in
the United States. On one hand, the
national judiciary spans the country with
its more than 100 courts. On the other
hand, each of the 50 states has its own
system of courts. These number well into
the 1000s.
Two Kinds of Federal Courts
• The Constitution creates the Supreme Court and
leaves to Congress the creation of the inferior
courts—the lower federal courts, those beneath
the Supreme Court.
• Two Types of Federal Courts:
– *the constitutional courts- courts of appeals, the
district courts, and the US Court of International
Trade
– *the special courts, sometimes called legislative
courts, US Court of Appeals for the Armed Forces,
Veterans Claims, the US Tax Court
Federal Court Jurisdiction
• The Constitutional Courts hear most of the
cases tried in the Federal courts. That is,
those courts have jurisdiction over most
federal courts.
• Jurisdiction is defined as the authority of
a court to hear (to try and decide) a case.
• All cases that are not heard by the federal
courts are within the jurisdiction of the
States’ courts.
Types of Jurisdiction
• Exclusive and Concurrent Jurisdiction
• Exclusive jurisdiction-those cases can be heard only in
the federal courts. Example: case involving an
ambassador or other foreign official……also someone
who is charged with a federal crime.
• Concurrent jurisdiction- the federal and state courts
share the power to hear these cases. Example:
disputes involving citizens from different states.
• Plaintiff-the person filing the lawsuit
• Defendant- the person whom the complaint is against
• Original jurisdiction- court in which the case is first
heard.
• Appellate jurisdiction- a court that hears a case on
appeal from a lower court
Appointment of Judges
• The Constitution declares that the
President:
• “shall nominate, and by and with the advice
and consent of the Senate, shall
appoint….Judges of the supreme court.”
Court
# of Courts
# of Judges
Term of
Judges
Supreme Court
1
9
Life
District Court
94
677
Life
Court of
Appeals
12
179
Life
Section 2:
The Inferior Courts
• The BIG Idea:
• Most federal cases are tried in the inferior
courts—those under the Supreme Court
The District Courts
• The US district courts are the federal trial courts.
• Their 677 judges handle more than 300,000
cases per year.
• Federal Judicial Districts- The 50 states are
divided into 89 federal judicial districts. At least
2 judges are assigned to each district….but
many districts have several.
• District Court Jurisdiction-have original
jurisdiction over most cases heard in federal
courts
– Criminal Cases-a defendant is tried for committing an
action that is against the law
– Civil Cases-disputes over a contract, non-criminal
matter
The Court of Appeals
• Created by Congress in 1891…..established as
‘gatekeepers’ to relieve the Supreme Court of
much of the burden of hearing appeals from the
district courts.
• 12 Courts of Appeals
• Appellate Court Judges- 179 circuit judges sit on
these appellate courts…..a justice of the
Supreme Court is assigned to each of them
• Appellate Court Jurisdiction-They only hear
cases on appeal from lower federal
courts……their decisions are final, unless the
Supreme Court decides to hear the case.
Other Constitutional Courts
• The Court of International Trade- originally
created in 1890…..has 9 judges, one of whom is
its chief judge….hears civil cases arising out of
tariff and other trade related laws.
• The Court of Appeals for the Federal Circuitestablished in 1982….used to speed up the
handling of appeals in certain civil cases….it has
nationwide jurisdiction…..12 judges sit in panels
of three or more judges on each case
Section 3:
The Supreme Court
• The BIG Idea:
• The Supreme Court stands as the final
authority on all issues pertaining to federal
law.
Basic Facts About the Supreme
Court
• The US Supreme Court is the highest court in
our land and leads the federal judiciary.
• It consists of the Chief Justice and 8 associate
judges who are nominated by the President and
confirmed by a majority vote of the Senate.
• Once appointed they serve a life tenure, which
can terminate only upon death, resignation,
retirement, or conviction on impeachment.
• Meets in Washington DC, in the supreme court
building…..in session starting in October and
running until June of the following year.
Marbury v. Madison
• The Players
• John Adams—outgoing Federalist President of
the United States
• Thomas Jefferson—incoming DemocraticRepublican President of the United States
• James Madison—incoming Secretary of State
• William Marbury—appointed a justice of the
peace for the District of Columbia
• John Marshall—Chief Justice of the Supreme
Court
Marbury v. Madison
• The Case:
• 1. The night before leaving office, Adams
sign several judicial commissions.
• 2. Angered by Adams’ actions, Jefferson
orders Madison to withhold any
commissions not yet delivered.
• 3. Hoping to force Jefferson to give him
the judgeship, Marbury files suit in the
Supreme Court. He argues that the
Judiciary Act of 1789 allows him to take
his case directly to the high court
Marbury v. Madison
• The Decision:
• Marshall, writing for a unanimous court, declares
that the Judiciary Act violates Article III, Section
2 and it therefore unconstitutional. Marbury
loses, having based his case on an
unconstitutional law.
Marbury v. Madison
• The Impact:
• The case established the Supreme Court’s
power of judicial review—its power to determine
the constitutionality of a governmental action.
The power extends to the actions of all
governments in the United States—national,
state, and local. The Court’s decision in
Marbury assured the place of the judicial branch
in the system of separation of powers.
Supreme Court Jurisdiction
• The Supreme Court has both original and
appellate jurisdiction. Most of its cases,
however, come on appeal from lower federal
courts and from the highest State courts.
How Cases Reach the Court
• Some 8,000 cases are now appealed to the
Supreme Court every year. Of these, the Court
accepts only a few hundred for decision. In
most cases, petitions for review are denied,
usually because most of the justices agree with
the decision of the lower court. The court
selects those cases that it does hear according
to “the rule of four”: at least four of its nine
justices must agree that a case should be put on
the Court’s docket.
The Court’s Opinions
• The Court’s opinion is often called the majority opinion.
Officially called the Opinion of the Court, it announces
the Court’s decision in a case and sets out the reasoning
on which it is based.
• The majority opinions stand as precedents, or examples
to be followed in similar cases as they arise in the lower
courts or reach the Supreme Court.
• Often, one or more of the justices who agree with the
Court’s decision may write a concurring opinion—to
add or emphasize a point that was not made in the
majority opinion.
• One or more dissenting opinions are often written by
those justices who do not agree with the Court’s majority
decision.
Section 4:
The Special Courts
• The BIG Idea:
• The special courts handle cases that are
outside the mainstream judicial system.
Review from Section1
• The Federal Court System is made up of
two quite distinct types of courts:
– The Constitutional, or regular courts
– The Special Courts
– ….the special courts are discussed in this
section
Special Courts
• 1. The Court of Federal Claims—Congress
set this court up in 1855 to hear claims from
people against the government of the United
States…..this is called redress- satisfaction of a
claim, or payment.
• This court is composed of 16 judges appointed
by the President and approved by the Senate.
They serve 15 year terms.
Special Courts
• 2. The Territorial Courts—these courts sit
in our territories (the Virgin Islands, Guam)
they function much like our state courts
• 3. The District of Columbia Courts—
consists of both a District Court and a
Court of Appeals for the District of
Columbia (remember, not a state)
Special Courts
• 4. The Court of Appeals for the Armed
Forces—beginning in 1789, Congress
established military courts for each branch of the
armed forces….these military court—courtsmartial—serve the special disciplinary needs of
the armed forces and are NOT part of the
federal court system.
• In 1950, Congress created the Court of Military
Appeals to review the more serious court-martial
convictions. This court is a civilian tribunal—a
court operating as part of the judicial branch,
entirely separate from the military establishment.
Other Special Courts
• 5. Military Commissions
• 6. The Court of Appeals for Veterans
Claims
• 7. The United States Tax Court