Chapter 11 The Federal
Court System
I. Powers of the Federal Courts
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Supposed to balance the other
two branches
Really had no power until Chief
Justice John Marshall was
appointed chief justice in 1801
A. Jurisdiction of the Courts
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Each state has its own courts
system
1. Federal Court Jurisdiction
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Jurisdiction: authority to hear
certain cases
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Some overlap from state courts
They hear cases on U.S. laws,
treaties, or interpretations of the
Constitution
There are also special situations
they hear cases on
A. Jurisdiction of the Courts cont.
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2. Concurrent Jurisdiction
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Both federal and state courts
have jurisdiction
3. Original and Appellate
Jurisdiction
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Trial court where the case is
originally heard is the original
jurisdiction
Appellate jurisdiction:
appeals for previously heard
cases
B. Developing Supreme Court Power
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The court has developed from custom, usage,
and history
1. Early Precedents
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Justice may not seek out cases
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2. Marbury v. Madison
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1801, Adams’ midnight judges appointments
were challenged
Established judicial review
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Power to review acts of Congress
3. John Marshall’s Influence
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Litigants have to bring them a case
The court established its power under his
guidance
Gained power over state laws, contracts,
interstate commerce, and tax laws
Federal govt. grew more powerful
4. States’ Rights Era and the Scott Case
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Marshall died 1835, replaced by Roger Taney
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Jackson appointed seven justices who supported
states’ rights
Dred Scott case 1857
C. Due Process
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14th Amendment guaranteed
citizenship to all
Due process clause of it was routinely
challenged
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1. Slaughterhouse Cases
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1898, upheld segregation
3. The Court and Business
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1873, courts ruled the rights did not
extend protection, simply protected
them
2. Plessy v. Ferguson
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State may not deprive any person of
life, liberty, or property w/o due
process of law
Upheld several monopolies in the late
19th century
Changed during the progressive era
4. Protecting Civil Liberties
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Modern court has protected individuals
1954, Brown v. Board of Education
II. Lower Federal Courts
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Judiciary Act of 1789 est. many of
the lower courts
A. Constitutional Courts
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Est. in Article III
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Federal district courts, federal
court of appeals, and U.S. court of
international trade
1. Federal District Courts
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Trial courts
94 districts today
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550 judges
For criminal and civil federal cases
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Grand juries may issue indictments
for this
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16 to 23 people
Petit juries hear the actual trial
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6 to 12 people
A. Constitutional Courts cont.
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2. Officers of the Court
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Each has prosecutors, magistrates,
judges, and U.S. marshals
3. Federal Court of Appeals
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Created in 1891 to lighten the case
load of the Supreme Court
13 U.S. courts of appeals
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Divided into 12 judicial circuits
1 appellate court in each region
13th is a special national court
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
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Customs Court
Deals with tariffs
Based in NYC
B. Legislative Courts
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Help Congress exercise its power
1. U.S. Court of Federal Claims
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2. U.S. Tax Court
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Military’s highest appeals court
4. Territorial Courts
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Dispute the IRS or Treasury Dept.
3. U.S. Court of Appeals for the
Armed Forces
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Claims against the govt.
Virgin Islands, Guam, Puerto Rico,
etc.
5. Courts of the District of
Columbia
6. The Court of Veteran Appeals
7. Foreign Intelligence Surveillance
Court
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For wiretaps and other spy related
cases
C. Selection of Federal Judged
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Presidential appointment and
Senate approval
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1. Party Affiliation
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Presidents favor their own party,
usually
2. Judicial Philosophy
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Serve for life
A means to perpetuate the
President’s political views
3. Senatorial Courtesy
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Pres. Submits nominees to the
Senators from that state
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If one disapproves, the nomination
is withdrawn
4. Background of Federal Judges
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Almost all of them have legal
training from top schools
Recently, more women and
minorities are gaining seats
III. The Supreme Court
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The court of last resort in
all federal law
9 justices serve for life
Decisions are binding to
lower courts
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Until 1891, justices still had
to ride the circuit
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Hears mainly appeals from
lower courts
Traveling to hold court in
regions
All cases are heard in
Washington today
A. Supreme Court Jurisdiction
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Has both original and
appellate jurisdiction
Hears original cases
involving:
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Representatives of foreign
govts.
Cases where a state is a party
Small case load
Appellate cases fill the
docket
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Hears cases that involve the
Constitution
Also oversees acts of
Congress and treaties
B. Supreme Court Justices
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Nine justices
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Paid $208,000 per year
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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
Congress sets their wages and
cannot reduce them
Congress may impeach
justices and remove them
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Justice Samuel Chase was
impeached in 1804 and
acquitted
B. Supreme Court Justices cont.
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1. Duties of the Justices
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Not described in the Constitution
Developed from laws, tradition,
and specific needs
Main duty: hear and rule on
cases
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Deciding which cases to hear
Deciding the cases
Expressing their explanation in
the Court’s opinion
Each justice oversee a federal
district
Special situations
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Justice Robert Jackson presided
over the Nuremburg Trials
Justice Earl Warren investigated
the Kennedy assassination
B. Supreme Court Justices cont.
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2. Law Clerks
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Assist the justices with their
tasks
3. Background of the Justices
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No Constitutional requirements
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6 were born outside the U.S.
There have been 104 justices
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102 men, 2 women
Most were judges before
William Howard Taft served after
his presidency
Does not represent the general
population demographics
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Ex. Two African Americans
C. Appointing Justices
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Appointed by the President and
approved by the Senate
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One of Washington’s choices was
rejected
25% of nominees were rejected in
the 19th century
More supportive now
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Some justices had different
political ideas than the president
thought
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Rejected two of Nixon’s and one of
Reagan’s
Clarence Thomas faced great
scrutiny
Ike and Earl Warren
Attorney General and the Justice
Dept. help the Pres.
C. Appointing Justices cont.
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1. The Role of the American Bar
Assoc. (ABA)
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Largest national organization of
attorneys
Consult with the president for
nominations
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2. The Role of Other Interest
Groups
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Rate nominees’ qualifications
Labor Unions, Natl. Org. for
Women, or other groups can
oppose candidates
Roe v. Wade has big influence
3. The Role of the Justices
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Chief justices are often active in
the selection process
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Write letters of recommendation