Federal
district courts
(94 districts)
Federal courts deal with federal
law and the US Constitution
State trial
courts
State courts deal with state
laws and state Constitutions
Federal
Appeals courts
(13 circuits)
Federal district
courts
(94 districts)
Federal courts deal with federal
law and the US Constitution
State appeals
courts
State trial
courts
State courts deal with state
laws and state Constitutions
Trial courts
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Have juries
See evidence
Decide facts
Appeals courts


Review how law was
interpreted and
applied at trial
Can overturn verdict
of lower court if law
was incorrectly
applied
U.S. Supreme
Court
Federal
Appeals courts
(13 circuits)
Federal district
courts
(94 districts)
Federal courts deal with federal law
and the US Constitution
50 State
Supreme
Courts
State appeals
courts
State trial
courts
State courts deal with state laws
and state Constitutions
U.S. Supreme
Court
+ Separate
federal
courts to
deal with
bankruptcy,
military law,
and tax law
Federal
Appeals courts
(13 circuits)
Federal district
courts
(94 districts)
Federal courts deal with federal law
and the US Constitution
50 State
Supreme
Courts
State appeals
courts
State trial
courts
State courts deal with state laws
and state Constitutions



All federal judges appointed by the president
and confirmed by the Senate
Serve for life
Can be removed for high crimes &
misdemeanors

Rules of access:
Controversy
 Standing
 Mootness

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

Writ of Certiorari
Original jurisdiction
Discretion
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Cases appealed by the Solicitor General
Cases in which two Appeals courts have ruled
differently in two different circuits
Cases in which major actors in society are
parties to the case
Cases dealing with the Bill of Rights

Stare decisis: let the precedent stand

Constitution


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”
“The judicial Power shall extend to all Cases, in
Law and Equity, arising under this
Constitution, the Laws of the United States,
and Treaties made, or which shall be made,
under their Authority.”
Article III: Sections 1 and 2

Constitution

Judicial Review: Marbury vs. Madison

Checks and balances
The judiciary’s powers

Can declare laws and
executive actions
unconstitutional
Checks on the judiciary
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Rules that limit
standing in federal
courts
No enforcement powers
Shaped by Congress
and the president
Congress affects size
and jurisdiction

“The interpretation of the laws is the proper and
peculiar province of the courts…If there should
happen to be an irreconcileable variance between [a
law and the Constitution], that which has the
superior obligation and validity ought of course to
be preferred, or in other words, the Constitution
ought to be preferred to the statute, the intention of
the people to the intention of their agents…This
conclusion [does not imply] a superiority of the
judicial to the legislative power. It only supposes
that the power of the people is superior to both…”
Hamilton, Federalist 78

“The courts on the pretense of a repugnancy may
[not] substitute their own pleasure to the
constitutional intentions of the legislature. This
might as well happen in the case of the two
contradictory statutes…The courts must declare the
sense of the law; and if they should be disposed to
exercise WILL instead of JUDGMENT, the
consequence would equally be the substitution of
their pleasure to that of the legislative body…”
Hamilton, Federalist 78
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Judicial activism: Willingness to overturn
precedent and laws
Judicial restraint: Deference to elected
representatives and precedent
Do you think that judges should be guided by
judicial activism or judicial restraint? What are
the dangers of an unelected judiciary that is
happy to overturn laws and precedents? What
are the dangers of interpretation that always
defers to precedent?