Unit 9: Judicial Branch
Chapter 11
The Federal Court System
Essential Question
• Why is the
Supreme Court
an important
part of our
democratic
system of
government?
I CAN:
1. Explain the Jurisdiction of the different courts
2. Analyze important Supreme Court Cases
3. Compare and Contrast the differences between
a District Court and an Appellate Court
4. Evaluate the different ways why someone is
choosing as a Federal Judge
5. List the 9 Supreme Court Justices
6. Describe the characteristics of a Supreme Court
Justice
Section 1:
Powers of the
Federal Courts
Alexander Hamilton:
Federalist 22
“Laws are a
dead letter
without courts
to expound
and define
their true
meaning and
operation”
Judicial System of the US
• Is an adversarial system
because the courts provide
an arena for two parties to
bring their conflict before
an impartial arbiter (a
judge)
• Every case is a dispute
between a plaintiff
(someone pressing
charges) and a defendant
(charges being brought
against) which are known
as litigants, people engaged
in a lawsuit.
Two basic types of Cases
1) Criminal Law
• An individual is charged
with violating a specific
law and provides
punishment for that
law
• Felony (penalty over 1
year jail time) and
Misdemeanor (less
than 1 year jail time)
• 98% heard in state and
local level courts
2) Civil Law
• Does not involve a
charge of criminality;
instead, it concerns a
dispute between two
parties and defines
relationships between
them
• Examples: Divorce,
Custody, Property,
Contracts
John Marshall
• Played a minor
role until Chief
Justice John
Marshall (18011835) and helped
to increase the
power of the
Court.
Article III, Section I
“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.”
Jurisdiction of the Courts
• Federal Court
system consists of
Supreme Court and
lower federal courts
established by
Congress
• Each court has
jurisdiction, or the
authority to hear
certain cases
JURISDICTION
Definition:
• The authority or subject area that a
court can hear a case about.
• Example: Break a federal law, go to a
federal court (robbing a bank).
• Example: Break a state law, go to a
state court (speeding).
Powers of the Federal Court System
Federal Courts cases:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Federal Law
Treaties with foreign nations
Bankruptcy
Admiralty or maritime law
Foreign diplomats or foreign
governments
Two or more state
governments
The United States government
Citizens of different states
A state and a citizen of a
different state
Land grant claims of different
states
Supreme Court power:
1. Interpret the
Constitution
2. Determine the
constitutionality of
state laws
3. Uphold regulatory
laws
4. Protect civil liberties
5. Influence public
policy
Types of Jurisdiction
1) Exclusive - cases that can only be heard
in Federal Courts.
• Federal Crimes
• Examples: cases involving ambassadors,
bank robbery, kidnapping, presidential
assassination, killing a police officer,
destroying a mailbox-$1000 fine)
• Examples: violations of patents and
copyrights, cases involving ambassadors
Types Of Jurisdiction, continued
• 2) Concurrent– cases can be tried in either
federal or state court.
• A common type of concurrent jurisdiction: is
“Diverse Citizenship” –dispute involving citizens
of different states.
• Federal District Courts may hear these if over
$75,000 is involved.
• Defendant can have the trial moved from the
Plaintiff’s state to a federal district court.
• Example: Land dispute between people from
different states.
Types of Jurisdiction, cont.
3) Original– court with the authority to be the 1st to hear a
•
case
Usually found within District courts and are trial
courts, where original jurisdiction takes place, trails
are held, and juries may be impaneled.
4) Appellate– Review final decisions of district courts,
court of appeals for lower court cases that have been
lost
• court where case is heard 2nd, 3rd, 4th, etc. (on appeal
from lower court)
Jurisdiction
Of the Federal Courts –
1. U.S Supreme court has original
and appellate
2. U.S Appeals courts have
appellate
3. U.S District courts have original
US
Supreme Court
9 Justices
D.C.
Original and appellate
Fewest cases
80-150/year
US Court of Appeals
12 Courts (3 judge panel)
Appellate
US District Court
94 Courts (judge and 2 types of juries:
1. grand - indicts
2. petit - determines guilty or innocence)
Original
Most cases
Developing and Extending Power and
Due Process Clause
IMPORTANT SUPREME COURT CASES
1) Marbury v. Madison 1803
• Created the concept of
“judicial review” which
allows the Supreme
Court to declare the
actions or Acts of
Congress as
unconstitutional
• 9-0, Chief Justice
John Marshall
• Without this ruling, a
Supreme Court and
some say Checks and
Balances do not
exist…
2) Fletcher v. Peck 1810
• Continued to extend
its power to review
state laws
• Law passed in Georgia
legislature was a
violation of the
Constitution’s
protection of contracts
• Chief Justice John
Marshall
3) McCulloch v. Maryland 1819
• McCulloch, head of the Baltimore Branch of the
Second Bank of the United States, refused to pay
the tax. State of Maryland argued that "the
Constitution is silent on the subject of banks.”
• Necessary and Proper Clause of the Constitution
• Allowed the Federal government to pass laws not
expressly provided for in the Constitution's list of
express powers. Led to expansion of Fed. Gov’t.
• Federal government v. States’ Rights
• Chief Justice John Marshall [9-0]
4) Gibbons v. Ogden 1824
• Broadened the
meaning of
interstate
commerce, further
extending federal
authority at the
expense of the
states
• Chief Justice John
Marshall
5) Dred Scott v. Sanford 1857
• Ruled Congress could not prohibit slavery in
the United States territories and that enslaved
African-Americans and their descendants were
not U.S. Citizens.
• Dred Scott traveled into a “free soil” state with
his master. The issues for the Supreme Court
were citizenship and property rights.
• Chief Justice Roger Taney [7-2]
• Impact• Civil War and Executive Order aka Emancipation
Proclamation
• Amendment 13- Outlawing slavery (1865)
• Amendment 14- Rights of Citizens and Equal Protection
(1868)
Due Process Cases
• Due Process Clausethat says that no
state may deprive any
person of life, liberty
or property without
due process of law, or
proper constitutional
procedures during a
lawsuit and trial
6) Plessy v. Ferguson 1896
• Established the
“separate but equal”
doctrine making public
segregation of Blacks
and Whites legal. [8-1]
• If facilities for both races
were equal, they could
be separate.
• Impact• Legalized separation of
everything
• Schools, public buildings,
hotels, etc.
7) Brown v. Board of Ed. 1954
• Established precedent that
“separate but equal”
doctrine of Plessy v.
Ferguson (1896) was not
equal.
• NAACP case in Topeka,
Kansas
• Chief Justice Earl Warren [90]
• Thurgood Marshall argued
the case
• Impact• Desegregation of all public
schools and later public
spaces
• Civil Rights Movement
• Bussing and Affirmative Action
8) Miranda v. Arizona 1966
• Ruled that police must inform you of your Constitutional
Rights at the time of arrest.
• Chief Justice Earl Warren [5-4]
• Impact• “Miranda Law” --You have the right to….
9) Roe v. Wade 1972
• Legalized the right of
women to an abortion
under certain
circumstances. States
were allowed to regulate
in later trimesters.
“Viability” is the
determining factor.
• Chief Justice Warren
Burger [5-4]
• Impact• Pro-Life
• Pro-Choice
• Mother’s rights v.
Child/Fetus’ rights
Section 2:
Lower Federal Courts
Constitutional Courts
• Courts
established by
Congress under
Article 3 are
constitutional
courts
Federal District Courts
• Created by Congress
in 1789 to serve as
trail courts
• 94 district courts;
with 646 judges
• 2 Judges per district
• Usually preside
alone
• Handle over
300,000 cases
Examples:
• Bank robbery
• Mail fraud
• Counterfeiting
• Tax evasion
• Bankruptcy
• Civil rights
Federal Court of Appeals
• Created by Congress in 1891, 3 judge panel
• Relieves the Supreme Court of burden of hearing
all appeals
• Currently 13 courts of appeals: 12 judicial
circuits (regions) and 1 for national jurisdiction
• 179 circuit judges, 55,000 cases a year
• KY is 6st Circuit
• Our district includes MI, OH, TN
• May uphold, overrule, or modify the decision
being appealed
• No trail, no testimony of witnesses, panel of
judges is looking for errors in procedure of law
U.S. COURTS OF APPEALS
D.C
And
Federal
Circuit
Make 13
Legislative Courts/Special Courts
1. US Court of Federal Claims (you suing the federal
government)
2. Territorial Courts (land owned by U.S. like Guam)
3. Courts of the District of Columbia (court for people in
D.C.)
4. US Tax Court (any violation of federal tax laws)
5. US Court of Appeals for Armed Forces (military has
own set of laws, so they need their own court – appeals
from JAG)
6. US Court of Appeals for Veterans Claims (if a veteran
loses a service, this is where they appeal their case –
like Agent Orange cases)
7. Court of International Trade- Civil cases arising out of
tariff and other trade-related laws
APPOINTING JUDGES
Article II, Section II, Clause II –
Supreme Court appointment
process:
Says that “the President shall
nominate and by and with the
advice and consent of the Senate
shall appoint…Judges of the
Supreme Court.”
Appointing Judges, Continued
1. Party Affiliation- favor judges who
belong to their political party
2. Judicial Philosophy- helps President to
keep his ideology long after he is gone
3. Senatorial Courtesy– President asks the
Senator (same party) from the state of the
needed judge to recommend 3 candidates
4. Background- usually have had legal
training and served as state court judges
Section 3:
The Supreme Court
(SCOTUS)
Supreme Court of the United States
• Supreme Court is the
ultimate court of
appeals in the United
States.
• Usually a decision is
determined by the rule
of law or process..not
the merit of the case.
• They are the the final
authority in any case
involving the
Constitution, acts of
Congress, and treaties
with other nations
Supreme Court Cont.
• Their power to hear a case
is discretionary, no required
to hear all cases
• If the Supreme Court
chooses to not hear a case,
the lower court ruling
stands.
• If they chose to not hear a
case, they do not have to
give any rationale for why
they have chosen not to
hear the case…but
sometimes they do.
• Until 1891, justices spent
much of their time riding
the circuit, or traveling to
hold court in their assigned
regions of the country.
Supreme Court Jurisdiction
• Has both original and
appellate jurisdiction
• Article 3, Section 2
sets courts original
jurisdiction and
covers two types of
cases:
1. Representation of
foreign government
2. State is a party.
Session
• First Monday of October each year and usually
continues in session through June.
• Receives and disposes of approximately 5-9,000
cases a year.
• A) Subject matter is not proper.
• B) Subject matter is not sufficient to warrant a
review of the full Court.
• Cases are heard with all the Justices sitting
together in open court.
• Each year the Supreme Court hears about 150
cases of national importance and 3/4ths of such
decisions are announced in full published
opinions.
TERM and SALARY
For Constitutional Courts their term is LIFE
• Until judge resigns, retires, or dies
• Can be removed through impeachment (13
impeached, 7 of them removed)
Salary is set by Congress and can not be decreased
during their term in office.
A Supreme Court Justice’s salary is same as U.S.
Senators, Representatives, and the Vice President.
Justices and their Duties
• His/her main duty is
hear and rule on
cases
1.Deciding which
cases to hear
2.Deciding the case
itself
3.Determining an
explanation for the
decision, called the
Court’s opinion
U.S. Supreme Court Building
• Located in back of the U.S. Capitol Building
U.S. Supreme Court 2011-2012
• Nine Justices (1869): Eight Associate Justices led
by a Chief Justice of the Supreme Court.
John G. Roberts, Jr.
• Chief Justice
• Born in 1955
• J.D. Harvard Law
• U.S. Court of
Appeals for DC in
2003 (GWB)
• George W. Bush
nominated him C.J
in 2005 [78-22]
• Roman Catholic
Antonin Scalia
• Associate Justice
• Born in 1936
• LL.B Harvard
• U.S. Court of
Appeals D.C. in
1982 (Reagan)
• Ronald Reagan
nominated him in
1986 [98-0]
• Roman Catholic
Anthony M. Kennedy
• Associate Justice
• Born in 1936
• LL.B Harvard
• U.S. Court of
Appeals 9th Circuit
in 1975 (Ford)
• Ronald Reagan
nominated him in
1988 [97-0]
• Roman Catholic
Clarence Thomas
• Associate Justice
• Born in 1948
• J.D. Yale
• U.S. Court of
Appeals D.C. in
1980 (GHWB)
• George H.W. Bush
nominated him in
1991 [52-48]
• Roman Catholic
Ruth Bader Ginsburg
• Associate Justice
• Born in 1933
• LL.B Columbia
• U.S. Court of
Appeals D.C. in
1980 (Carter)
• Bill Clinton
nominated her in
1993 [96-3]
• Jewish
Steven G. Breyer
• Associate Justice
• Born in 1938
• LL.B. Harvard
• U.S. Court of
Appeals D.C. in
1980 (Carter)
• Bill Clinton
nominated him in
1994 [87-9]
• Jewish
Samuel A. Alito, Jr.
• Associate Justice
• Born in 1950
• J.D. Yale
• U.S. Court of
Appeals 3rd Circuit
in 1990 (GHWB)
• George W. Bush
nominated in 2006
[58-42]
• Roman Catholic
Sonia Sotomayor
• Associate Justice
• Born in 1954
• J.D. Yale
• U.S Court of
Appeals 2nd Circuit
in 1998 (Clinton)
• Barack Obama
nominated her in
2009 [68-31]
• Roman Catholic
Elena Kagan
• Associate Justice
• Born in 1960
• J.D. Harvard
• U.S. Court of
Appeals (expired)
• Solicitor General
represents U.S.
Government
• Obama nominated
her in 2010 [63-37]
• Jewish
Politics of Judicial Selection
• Appointments influenced by:
1.Political ideology / Partisanship
2.Interest groups
3.Other Justices
4.Senators
5.American Bar Association (ABA)- largest national
organization of attorney’s
• Has been consulted by every president concerning
federal nominations
• Committee rates as either, “well qualified,” “qualified,”
or “not qualified.”
Works Cited Page
• Chapter 11: Federal Court System PowerPoint
• Chapter 12: SCOTUS
• Chapter 12: Landmark Court Cases