Chapter 8: The Federal Courts
and the Judicial Branch
Section 1: The Federal Court System
Section 2: Lower Federal Courts
Section 3: The Supreme Court
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
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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?
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
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
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.
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
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
District Courts
• Each state must have
one district court
• District courts have
original jurisdiction over
most federal cases
Structure of the Federal Court System
(cont’d.)
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
Structure of the Federal Court System
(cont’d.)
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
Structure of the Federal Court System
(cont’d.)
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
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.
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
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
Judicial Philosophy
• Most judges have been lawyers
• 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
Party Affiliation
• Presidents usually nominate judges
from their political party
Appointing Federal Judges (cont’d.)
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
Checks and Balances
Judicial Review
• Primary check the judicial
branch performs on
executive and legislative
branches
Checks and Balances
Judicial Review
• Primary check the judicial
branch performs on
executive and legislative
branches
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
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.
Debating
the Issue
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 subjectmatter jurisdiction.
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?
Federal District Courts
The 94 federal court districts handle more than 300,000
cases per year.
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
Federal District Courts
The 94 federal court districts handle more than 300,000
cases per year.
The Jurisdiction of District Courts
Court Officials
• 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
• 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
Federal District Courts (cont’d.)
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.
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
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 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
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
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
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
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
Other Federal Courts
U.S. Court of
International Trade
• Hears cases involving laws and
rules of international trade
Other Federal Courts
U.S. Court of
International Trade
• Hears cases involving laws and
rules of international trade
U.S. Tax Court
• Hears cases involving federal tax
disputes
Other Federal Courts
U.S. Court of
International Trade
• Hears cases involving laws and
rules of international trade
U.S. Court of Appeals for
Veterans Claims
• Hears cases involving disputes
over veterans’ benefits
U.S. Tax Court
• Hears cases involving federal tax
disputes
Other Federal Courts
U.S. Court of
International Trade
• Hears cases involving laws and
rules of international trade
U.S. Court of Appeals for
Veterans Claims
• Hears cases involving disputes
over veterans’ benefits
U.S. Tax Court
• Hears cases involving federal tax
disputes
U.S. Court of
Federal Claims
• 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
Other Federal Courts (cont’d.)
U.S. Court of Appeals for
the Armed Forces
• Hears cases involving appeals from
courts-martial, or military courts
Other Federal Courts (cont’d.)
U.S. Court of Appeals for
the Armed Forces
• Hears cases involving appeals from
courts-martial, or military courts
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.
Other Federal Courts (cont’d.)
U.S. Court of Appeals for
the Armed Forces
• Hears cases involving appeals from
courts-martial, or military courts
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.
Military Commissions
• Outside normal judicial system,
rulings may be challenged in
federal court
Other Federal Courts (cont’d.)
U.S. Court of Appeals for
the Armed Forces
• Hears cases involving appeals from
courts-martial, or military courts
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.
Military Commissions
• Outside normal judicial system,
rulings may be challenged in
federal court
Washington, D.C., and
Territorial Courts
• Congress created trial and
appellate courts in locations outside
federal system
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.
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?
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
Highlights of Supreme Court History
Early Visions
The Marshall Court
• 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
• 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
Highlights of Supreme Court History
Early Visions
The Marshall Court
• 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
• 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
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
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 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
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.
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
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
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
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
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
Supreme Court Procedures (cont’d.)
Briefs and Oral Arguments
• Justices first study briefs, then hear oral arguments; lawyers usually have 30
minutes to present their side of a case
Supreme Court Procedures (cont’d.)
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
Supreme Court Procedures (cont’d.)
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