The Structure of the Federal Judiciary
Jamie Monogan
University of Georgia
October 12, 2015
Objectives
By the end of this meeting, participants
should be able to:
• Describe the structure of the federal
judiciary and the appointment
process.
Constitutional Basis
• Article III establishes Supreme Court
• Checked by Congress and the president
– President appoints
– Senate gives “advice and consent”
• Confirmation
• Senatorial courtesy
– Congress funds the courts
Federal Court Structure
• Judiciary Act of 1789 created lower
courts
– District courts are the lowest level
– Circuit courts of appeal above them
• Amendments expanded this structure
– 94 federal district courts
– Organized into 13 circuits
– Each circuit has a court of appeal
Federal Appeals Courts
Circuits
State Courts and the Electoral
Connection
• Separate hierarchy from federal
courts
• Many states elect judges and
prosecutors
– Georgia elects judges in nonpartisan
elections
Establishing Judicial Power
• Little in the Constitution regarding
judicial checks on other branches
– Closest clause: Article III, Section 2
extends judicial power to all cases
“arising under this Constitution.”
• Powers established over time
– Judicial review
– Supremacy of federal courts
Marbury v. Madison (1803)
• Judiciary Act of 1789 also allowed federal
officials to ask court for a writ of mandamus
• Midnight appointments
• Court in a vulnerable position
– A ruling for Marbury would likely be ignored
– A ruling against Marbury would confirm
subordinate status
• Clever opinion written by Marshall established
the procedure of judicial review
Supremacy of Federal Courts
and Federal Law
• Marshall also asserted federal court supremacy
over state law and courts:
– McCulloch v. Maryland (1813)
• A state cannot tax the national bank
– Gibbons v. Ogden (1824)
• Congress can regulate interstate commerce
• Supreme Court as “Court of Last Resort”:
– Resolves conflicts between the states and
national government, different branches, and
parties or candidates
Assignments
• The Chapter 8 concept map exercise is
due Wednesday at 11:59pm.
–Login to ELC to complete.
• For Friday: Read Bullock and Gaddie,
Chapter 7
• For Monday: Read Kollman, pp. 280-297
Additional Material
Politics of Judicial
Appointments
• Appointments have become more
contentious and confirmations have
slowed down
• The more ideological the nominee,
the more contentious
• Judicial appointments are a way for
presidents to leave a legacy