US Government: Principles in Practice
Chapter 8
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US Government: Principles in Practice
Chapter 8
Chapter 8: The Federal Courts and the Judicial Branch
Overture
Section-1
The Federal Court System
Section-2
Lower Federal Courts
Section-3
The Supreme Court
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US Government: Principles in Practice
Chapter 8
Section 1 at a Glance
The Federal Court System
• The United States has a dual court system.
• The Judiciary Act of 1789 organized the federal courts into three tiers. Today these tiers
consist of the district courts, the courts of appeals, and the Supreme Court.
• Through its powers of judicial review, the judicial branch plays a critical role in the system of
checks and balances.
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Chapter 8
The Federal Court System
Main Idea
The Framers created an independent judicial branch as part of the separation of powers of
the national government. At the federal level, the judicial branch consists of three tiers of
courts, each performing a different function.
Reading Focus
•
•
•
•
How is jurisdiction determined in the American court system?
How is the federal court system structured?
How are federal judges appointed?
What is the judicial branch’s role in the system of checks and balances?
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US Government: Principles in Practice
Chapter 8
The American Court System
A Dual Court System
• Constitution set up federal court system to clarify rulings between state courts and set
national standard.
• Authority of state and federal court systems from different sources: powers of state courts
from state constitutions and state laws; authority of federal courts from Constitution and
federal law
Jurisdiction
• State courts have jurisdiction over state law; federal courts have jurisdiction over federal
law.
• Court that first hears a case has original jurisdiction; if appealed to another court, that
court has appellate jurisdiction.
• Federal courts have exclusive jurisdiction over matters involving U.S. Constitution
• Cases involving residents of different states and sums above $75,000 fall under concurrent
jurisdiction, both state and federal courts; plaintiff may file case in either state or federal
court
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US Government: Principles in Practice
Chapter 8
Reading Check
Making Inferences
Why is jurisdiction complicated by the nation’s dual court system?
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US Government: Principles in Practice
Chapter 8
Reading Check
Making Inferences
Why is jurisdiction complicated by the nation’s dual court system?
Answer(s): Some cases fall under both state and federal jurisdiction.
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US Government: Principles in Practice
Chapter 8
Structure of the Federal Court System
The Constitution left much of the structure of the U.S. federal court system to the discretion of
Congress.
Judiciary Act of 1789
• Outlined three-tiered system of
federal courts; has remained virtually
the same since original proposal
• Supreme Court is at top; below are
circuit courts, district courts
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District Courts
• Each state must have one district
court
• District courts have original
jurisdiction over most federal cases
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US Government: Principles in Practice
Chapter 8
Structure of the Federal Court System {continued}
Courts of Appeals
• Originally circuit courts, courts of appeals hear appeals from district courts and some
federal agencies
• 12 circuits with a court of appeals in each circuit
The Supreme Court
• Supreme Court is mainly an appellate court; has original jurisdiction over some cases as
outlined in the Constitution
• Court chooses which cases it hears; usually concern issues of constitutionality
Other Courts
• Some other courts created by Congress, known as Article I courts, have limited jurisdiction
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Chapter 8
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US Government: Principles in Practice
Chapter 8
Reading Check
Summarizing
What are the three tiers of the federal court system?
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US Government: Principles in Practice
Chapter 8
Reading Check
Summarizing
What are the three tiers of the federal court system?
Answer(s): the district courts, the courts of appeals, and the Supreme Court
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US Government: Principles in Practice
Chapter 8
Appointing Federal Judges
Presidents usually consider four items when nominating a federal judge: legal expertise, party
affiliation, judicial philosophy, and the opinions of the Senate.
Legal Expertise
• Most judges have been lawyers
Party Affiliation
• Presidents usually nominate judges
from their political party
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Judicial Philosophy
• Presidents usually nominate judges
with similar judicial philosophy
• Judicial restraint: judges interpret
Constitution based on Framers’
original intention
• Judicial activism: meaning of
Constitution should be adapted to
meet modern needs
• Most judges respect precedent
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US Government: Principles in Practice
Chapter 8
Appointing Federal Judges {continued}
Opinions of the Senate
• President consults senators before making judicial nominations
• Tradition of senatorial courtesy: senator from same state as judicial nominee and same
political party as president can block nomination to federal district court for almost any
reason
• Individual senators cannot block nominations to courts of appeals or Supreme Court
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Chapter 8
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Chapter 8
Reading Check
Drawing Conclusions
How does the appointment process ensure that voters have some input on the selection of
judges and justices?
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Chapter 8
Reading Check
Drawing Conclusions
How does the appointment process ensure that voters have some input on the selection of
judges and justices?
Answer(s): Nominations are made by the president and nominees must be approved by the
Senate; both president and senators are subject to popular election.
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Chapter 8
Checks and Balances
Judicial Review
• Primary check the judicial branch
performs on executive and legislative
branches
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Checks on the Judiciary
• Appointment process is check on
judiciary by executive and legislative
branches
• Congress has power to impeach and
remove judges from office
• Amendment process is legislative
check on the judiciary
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Chapter 8
Reading Check
Summarizing
What is the judiciary’s primary check on the other two branches?
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US Government: Principles in Practice
Chapter 8
Reading Check
Summarizing
What is the judiciary’s primary check on the other two branches?
Answer(s): judicial review
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US Government: Principles in Practice
Chapter 8
Debating the Issue: Judicial Activism or Judicial Restraint?
Should judges be guided by a philosophy of judicial activism or judicial restraint?
The question of how much power the judiciary should have in interpreting the Constitution is not
one that is likely to have a final answer anytime soon. Most judges declare their belief in judicial
restraint. But the power of judicial review, the fundamental power of the judiciary, demands that
judges be willing to overturn the acts of the legislative and executive branches—in other words,
that they be judicial activists. The tension between judicial restraint and judicial activism is built in
to the fabric of judicial decision-making.
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US Government: Principles in Practice
Chapter 8
Debating the Issue
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US Government: Principles in Practice
Chapter 8
Section 2 at a Glance
Lower Federal Courts
• The courts in the 94 federal judicial districts have original jurisdiction over most federal and
civil cases. They handle more than 300,000 cases a year.
• The 12 federal courts of appeals have appellate jurisdiction only.
• Under its Article I powers, Congress has established a number of specialized lower courts to
hear cases of limited subject-matter jurisdiction.
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Chapter 8
Lower Federal Courts
Main Idea
Congress has created a system of lower courts for the federal judicial system. Each court has a
specific role to play in the judicial branch.
Reading Focus
• What are the roles, jurisdiction, and officers of the federal district courts?
• What are the roles, jurisdiction, and procedures of the federal courts of appeals?
• What are the functions of some of the other federal courts?
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Chapter 8
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Chapter 8
Federal District Courts
The 94 federal court districts handle more than 300,000 cases per year.
The Jurisdiction of District Courts
• Constitution mandates cases involving
foreign governments, residents of
different states be handled in district
court
• Federal violations: from violation of
employment laws to handled in district
courts
• Panels of citizens called grand juries
hear evidence in serious criminal cases.
• District courts have separate
bankruptcy court
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Court Officials
• Judge is court’s highest official;
judges instruct juries about law,
make sure proper trial procedures
are followed
• Magistrate judges oversee early
hearings in criminal trials, also hear
civil cases or minor criminal cases
called misdemeanors
• Clerks of the court handle nonjudicial tasks, maintaining records
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US Government: Principles in Practice
Chapter 8
Federal District Courts {continued}
Other Courtroom Officials
• Each federal court district has a U.S. attorney to represent the U.S. government.
• U.S. attorneys prosecute individuals charged with federal crimes.
• Public defenders are lawyers appointed by court to represent defendants who lack money
to hire their own.
• U.S. marshals provide security and police protection at federal courthouses.
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US Government: Principles in Practice
Chapter 8
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US Government: Principles in Practice
Chapter 8
Reading Check
Identifying Supporting Details
Aside from district court judges, who are some of the other officials who make up a district
court?
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Chapter 8
Reading Check
Identifying Supporting Details
Aside from district court judges, who are some of the other officials who make up a district
court?
Answer(s): magistrate judges, clerks of court, U.S. attorneys, public defenders, U.S. marshals
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US Government: Principles in Practice
Chapter 8
Federal Courts of Appeals
Purpose of the Courts of Appeals
• Appeals courts: middle tier in
hierarchy of federal court system
• Hear cases on appeal from district
courts within their circuit
• Few appeals succeed
Appeals Court Ruling
• Court’s ruling usually stands;
occasionally reviewed by larger panel
of judges or returned to district court
for more hearings
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Appeals Court Procedure
• Most appeals heard by panel of judges,
reviews court record and reads briefs;
appeals courts rely on facts of original
case, do not retry
• Burden of proof lies with appellant;
cases mostly overturned only when
improper procedure was followed
The Federal Circuit
• Court of Appeals for Federal Circuit
has nationwide appellate jurisdiction:
cases dealing with patents,
trademarks, government contracts,
international trade
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Chapter 8
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US Government: Principles in Practice
Chapter 8
Reading Check
Sequencing
What is the path by which a case travels through a court of appeals?
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US Government: Principles in Practice
Chapter 8
Reading Check
Sequencing
What is the path by which a case travels through a court of appeals?
Answer(s): The appellant shows that the original ruling was based on a legal mistake. A panel
of judges reviews the trial court record and reads briefs submitted by both sides and may hear
oral arguments. The government’s side is then presented. The court makes its ruling, which is
usually the final word. The case may be sent back to district court, or it may undergo review
by the U.S. Supreme Court.
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Chapter 8
Other Federal Courts
U.S. Court of International Trade
• Hears cases involving laws and rules
of international trade
U.S. Court of Federal Claims
• Hears cases involving disputes over
veterans’ benefits
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U.S. Tax Court
• Hears cases involving federal tax
disputes
The Federal Circuit
• Hears cases involving claims over
$10,000 owed by U.S. government.
• United States has sovereign
immunity
• In some circumstances the
government can be sued
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Chapter 8
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US Government: Principles in Practice
Chapter 8
Other Federal Courts {continued}
U.S. Court of Appeals for the Armed Forces
• Hears cases involving appeals from
courts-martial, or military courts
Military Commissions
• Outside normal judicial system, rulings
may be challenged in federal court
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National Security Courts
• Foreign Intelligence Surveillance Court
reviews requests to spy on “agents of
a foreign power” in U.S.
• Alien Terrorist Removal Court reviews
requests to remove suspected
terrorists from U.S.
Washington, D.C., and Territorial Courts
• Congress created trial and appellate
courts in locations outside federal
system
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Chapter 8
Reading Check
Summarizing
What are some of the reasons why Congress created additional courts?
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US Government: Principles in Practice
Chapter 8
Reading Check
Summarizing
What are some of the reasons why Congress created additional courts?
Answer(s): to hear particular types of cases over very limited jurisdiction; to hear cases in the
District of Columbia and U.S. territories
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US Government: Principles in Practice
Chapter 8
Section 3 at a Glance
The Supreme Court
• The importance of the Supreme Court has grown since the Court’s early days. As it gained in
stature, the Court also tended to experience political shifts mirroring those in society at
large.
• Supreme Court justices are nominated by the president and must undergo a lengthy Senate
confirmation process.
• The Supreme Court meets from October to June or July, studying briefs, hearing oral
arguments, discussing cases in conference, and issuing opinions on about 100 cases a year.
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Chapter 8
The Supreme Court
Main Idea
The Supreme Court is the highest court in the nation and the most important component of
the judicial branch. It serves as the final word on questions of federal law and the
Constitution.
Reading Focus
• What are some of the highlights of Supreme Court history?
• How are Supreme Court justices chosen?
• What are the typical procedures of the Supreme Court?
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Chapter 8
Interpreters of the Constitution
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Chapter 8
Highlights of Supreme Court History
Early Visions
• Constitution does not explicitly define
roles or structure of Supreme Court
• Hamilton’s writings in The Federalist
explained critical role of Supreme Court in
providing checks on executive and
legislative branches
The Marshall Court
• Chief Justice John Marshall established
that courts have power of judicial review.
• Marshall led Supreme Court for more than
30 years; Court decisions expanded power
of federal government, helped shape U.S.
economy
Dred Scott
• Supreme Court sided against Scott, held he was still a slave
• Court ruled: Congress did not have power to outlaw slavery in territories; therefore
Missouri Compromise unconstitutional
• Court’s decision in Scott increased tensions leading up to Civil War
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From Reconstruction to Plessy
• Economic regulation and civil rights dominated Supreme Court
• Court’s narrow interpretation of 13th, 14th, 15th Amendments left to states
protection of newly freed African Americans’ civil rights
• Court made much regulation of economy unconstitutional
The Court and the New Deal
• Court continued to quash efforts at economic regulation
• Court found many New Deal programs unconstitutional, eventually deferred to Congress
regarding economic measures
• Court became more liberal during Roosevelt’s time in office
From the 1950s to the Present
• Court under Chief Justice Earl Warren was considered activist
• Achieved many civil rights victories, including landmark Brown decision mandating
desegregation of public schools
• Today Court is more conservative
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Chapter 8
Reading Check
Making Generalizations
How has the Supreme Court been shaped by politics?
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US Government: Principles in Practice
Chapter 8
Reading Check
Making Generalizations
How has the Supreme Court been shaped by politics?
Answer(s): Supreme Court justices are appointed by presidents, who usually make
appointments according to their own political leanings.
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Chapter 8
Landmark Supreme Court Cases Plessy v. Ferguson (1896)
Why It Matters:
In Plessy v. Ferguson, the Supreme Court examined a Louisiana state law requiring racial
segregation on public transportation and determined whether it violated the equal protection
clause of the Fourteenth Amendment.
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US Government: Principles in Practice
Chapter 8
Choosing Supreme Court Justices
Choosing a Nominee
• Constitution: no formal requirements
for Supreme Court justices; most
justices have served in government,
had legal background
• Presidents typically nominate
individuals from same political party
who share their judicial philosophy
• Presidents first gauge Senate support
or opposition for nominee
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Confirmation Hearings
• Confirmation process: Senate
Judiciary Committee questions
nominee; nominees hesitant to share
opinions on controversial issues
• After hearing, committee votes on
nomination; full Senate vote usually
matches committee’s; most
nominees are confirmed
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Chapter 8
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US Government: Principles in Practice
Chapter 8
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Chapter 8
Reading Check
Sequencing
What is the process a nominee undergoes to join the Supreme Court?
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US Government: Principles in Practice
Chapter 8
Reading Check
Sequencing
What is the process a nominee undergoes to join the Supreme Court?
Answer(s): The president chooses a nominee. The Senate Judiciary Committee holds hearings
and votes on the nomination. The full Senate may debate the nomination before voting to
confirm or reject the nominee.
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Chapter 8
Supreme Court Procedures
The Term Begins
• Court session from October until June or July
• Justices work in two-week blocks, first hearing arguments from lawyers and then ruling
on cases presented
• Each justice has four law clerks as assistants
Selecting Cases
• Court usually chooses which cases it hears; most cases come from federal court of appeals;
others from high state courts or are cases of Supreme Court’s original jurisdiction
• If Court grants appellant a writ of certiorari, it agrees to hear the case; if denied, lower
court’s ruling stands
• If case is on Court’s docket, usually it deals with important issue of constitutional or federal
law
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Chapter 8
Supreme Court Procedures {continued}
Briefs and Oral Arguments
• Justices first study briefs, then hear oral arguments; lawyers usually have 30 minutes
to present their side of a case
Opinions
• Chief justice leads discussion of case in private; Court issues formal, written opinion
exploring issues, precedents, reasoning behind majority opinion
• Concurring opinions sometimes accompany majority opinion; justices who disagree with
majority opinion may issue dissenting opinion
Court Orders
• Supreme Court gives plenary review to about 100 cases per term
• Where Court does not fully review a case, it may issue court order directing lower court to
reconsider
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Chapter 8
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US Government: Principles in Practice
Chapter 8
Reading Check
Identifying Supporting Details
What are the three main stages that cases before the Supreme Court typically must go
through?
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US Government: Principles in Practice
Chapter 8
Reading Check
Identifying Supporting Details
What are the three main stages that cases before the Supreme Court typically must go
through?
Answer(s): for a case to come on appeal from a federal court of appeals, or through the
highest state courts; the Court then decides which cases to hear
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US Government: Principles in Practice
Chapter 8
We the People: The Citizen and the Constitution
The Supreme Court and the System of Checks and Balances
Because its members do not stand for election, the Supreme Court is considered the least
democratic of the three branches of government. What is the source of its power, and how
does the Constitution place checks on that power?
• What is judicial review?
• What checks exist on the power of the Supreme Court?
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Chapter 8
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