Powers of the Federal Courts
Lower Federal Courts
The Supreme Court
* at work
•Shaping Public Policy
* Influencing Court Decisions
ESSAYS – Chapter 11-12
 What is the difference between courts with original
jurisdiction and courts with appellate jurisdiction? Which
types of cases is the Supreme Court most likely to hear?
WHY
 Supreme Court justices serve life tenures. Give 2
arguments for this and 2 arguments against this. Then,
give your opinion on the issue and WHY YOU BELIEVE
THAT WAY
 EXTRA CREDIT: Name the 9 current justices of the
Supreme Court
Powers of the Federal Courts
 Jurisdiction of the Federal Courts
(The ability to hear certain cases is called “Jurisdiction”)
 The Constitution gave the Federal Courts jurisdiction in the following
areas
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Involving US laws
Treaties with foreign nations
Interpretations of the Constitution
Bankruptcy cases
Cases involving admiralty or maritime law
 Federal Courts also have jurisdiction to hear a case if persons involved are
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Ambassadors and other representatives of foreign governments
Two or more state governments
The US government or one of its offices or agencies
Citizens who reside in more than one state
Citizens who are residents of the same state but claim land grants in other states
Federal Jurisdictions
 Concurrent Jurisdictions
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Hearing cases shared by state and federal courts
 Original Jurisdictions
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The first time a case is heard (federal district or Supreme Court)
 Appellate Jurisdictions
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Federal Court of Appeals or Supreme Court
DRAW THIS ORGANIZATIONAL CHART ON THE
BACK OF YOUR DAILY WORK SHEET
Developing Supreme Court
Power
 Early Precedents:
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Courts must wait for litigants to bring a case to court
Courts can only hear cases involving actual conflicts between two
or more people
MARBURY v. MADISON (1803) Established the Court’s power of
JUDICIAL REVIEW (the power to determine if a law or government action is constitutional)
MCCULLOCK v. MARYLAND (1819) Established the federal
government was “supreme in its sphere of action”
GIBBONS v. OGDEN (1824) Increased the power of the central
government’s commerce clause. Again establishing the power of the
federal government over the states
DRED SCOTT v SANDFORD (1857) Declared Scott could not be a
citizen, even as a freed slave. This exerted the power of the courts
over that of Congress. The ruling created quite an uproar, not only
the ruling, but the balance of power in the federal government
Due Process
(14th Amendment – no state can deprive a person of life, liberty or
property without due process of law)
 14th Amendment passed to extend rights to freed slaves
 States would have to recognize the rights of all. They could only deny rights if
they go through the proper process – called DUE PROCESS
 PLESSEY v. FERGUSON (1896) Ruled that “separate” was not a denial of
rights, as long as it was equal (Separate but Equal)
 The Court and Business:
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The Courts did not broaden federal powers to enforce individual rights early on
The Courts did protect consumers from the expanding power of business and corporations during
the Industrial Revolution
If it impacted the public interest, the government had the right to exercise its power over industry
(railroads)
 The Court and Society’s Needs:
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POWER OF THE GOVERNMENT: During the Great Depression, the Courts ruled the federal
government had gone too far in regulating the economy (FDR’s “Court Packing”)
INDIVIDUAL LIBERTIES:
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Brown v. Board of Education: Outlawed segregation by the states in public schools
Voting Rights
Rights of the Accused
Lower Federal Courts
 Constitutional Courts
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Federal District Courts
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(federal trial courts)
94 Districts: 100’s of cases each year, few are appealed
Grand Jury: hears charges against a person to see if there is sufficient
evidence to bring that person to trial
 16-23 people on jury
 If they believe there is evidence enough, they issue an INDICTMENT
 Petit Jury: weigh evidence in a trial of guilty or not guilty
 6-12 people on the jury
 Guilty, Not Guilty, “Hung Jury”
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Officers of the Court
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U.S. Attorney (lawyer for the US government)
U.S. Magistrate (issues arrest warrants and decides if grand jury should be held)
Bankruptcy Judge (handles bankruptcy cases for that district)
U.S. Marshal (carries out arrests, secures jurors, keeps order in the courtroom)
Bailiff, Clerks, Stenographer (helps run the courtroom)
Lower Federal Courts
 Federal Courts of Appeal
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Created to ease the workload of the Supreme Court
Hear 60,000+ cases each year
13 US Courts of Appeals (only appellate jurisdiction)
Panel of 3 Judges
Can rule/decide in 3 way
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Reverse the Decision
Uphold the Original Decision
Send the case back to the lower court to be tried again
 Court of International Trade (AKA US Customs Court)
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Cases dealing with tariffs between countries
Legislative Courts
Federal Claims Court
Tax Court and
Appeals Court for the
Armed Forces
Territorial Courts
• Claims against the US for money and damages
• Original Jurisdiction
• Hear cases from citizen who disagrees with the IRS or other Treasury Dept. agencies
• Armed Forces highest court of appeals
• Virgin Islands, Guam, Northern Mariana Islands, and Puerto Rico
• Similar to District Courts: Handle criminal and civil cases
Courts of the District
of Columbia
• Judicial System for the nation’s capital
• Civil, Criminal, Appellate
Court of Appeals for
Veterans
• Hear appeals from the Board of Veterans’ Appeals
• Unsettled claims for benefits and other veterans’ problems
Foreign Intelligence
Surveillance Court
• (FISA) A panel of judges who govern the process of watching over citizens and foreigners
inside the US in national security cases
Selection of Federal Judges
 Party Affiliation
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Presidents usually fill positions with people from their party
Power of Congress to increase their power over the judiciary
 Judicial Philosophy
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Because Federal Judges are appointed for life or long terms, their impact will long
outlive the president that appointed them
Nominated Judge will have their belief system looked into
 Senatorial Courtesy (district and appeals judges)
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President submits nominee to Senators from that area for approval
Usually, nomination will be withdrawn if either Senator objects
 Background of Federal Judges
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It is not constitutionally required that nominees have a legal background
Currently, judges come from legal background (usually state courts)
Diversity is considered when appointing judges
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(ethnic, gender, religion)
The Supreme Court
(The Court of Last Resort)
 The Supreme Court IS NOT required to hear all cases
presented to it
 The Supreme Court has final authority in any case
involving
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The Constitution
Acts of Congress
Treaties with other nations
 Rulings by the Supreme Court are binding on all lower
courts
 Most of the cases heard by the Supreme Court are appeals
from lower courts
Supreme Court Jurisdiction
 Original and Appellate Jurisdiction
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Original Jurisdiction (2 types)
 Very small percentage of their caseload
 Cases involving representatives of foreign governments
 Certain cases in which a state is a party
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(state v. state or state v. federal government)
Appellate Jurisdiction
 Appeals from lower courts of appeals or from federal district
courts where an act of Congress was held “unconstitutional”
Supreme Court Justices
(1 Chief Justice, 8 Associate Justices = 9 Supreme Court Justices)
 Annual Salaries = $208,000
 Justices can only be removed thru impeachment and
conviction of “treason, bribery, or other high crimes and
misdemeanors”
Duties of the Justices
 The Constitution DOES NOT describe what a Supreme Court Justice duties
are
 The job had developed over time as the needs and circumstances have
developed
 Main Duty: Hear and rule on cases before the Court
 3 Decisions:
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1) Whether to hear the case (from 1000’s appealed)
2) Deciding the case itself
3) Determining an explanation for the decisions (“Opinion”)
 Chief Justice has several other duties
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Presides over sessions
Assigns the writing of the Majority Opinion (the winning side)
Administers the Federal Court system
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One Supreme Court Justice is assigned to each Federal District
 To maintain their “OBJECTIVITY”, justices are careful NOT to be
involved in any activities that might prevent them from dealing with either
side fairly (RECUSE THEMSELVES)
Background of the Justices
 Few people have ever served as Supreme Court Justices
 No “formal” requirements in Constitution
 Informal requirements:
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Law Degree and much legal experience
Most have had federal or state court positions (attorney general)
Most have been born citizens (6 naturalized citizens)
Most have been 50+ years old men (only 4 have been women)
Most have come from upper economic class
Most have been white, though recently more diverse
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(2 African Americans, 1 Latina)
Supreme Court Cases p.311
 Does a Male-Only Admissions Policy
Violate Women’s Constitutional Rights?
United States v. Virginia, 1996
--------------------------------------------------------------------1. Did VMI’s male-only policy violate the equal protection
clause?
2. Was VMI’s proposed remedy of a separate program a
legally acceptable alternative?
YOU BE THE JUDGE: In your opinion, was VMI’s goal of
educating citizen soldiers unsuitable for women? Was VMI’s
men-only policy unconstitutional? If so, what remedy should
be offered?
US v. Virginia, 1996
 1. Did VMI’s male-only policy violate the equal
protection clause?
 2. Was VMI’s proposed remedy of a separate program a
legally acceptable alternative?
 3. In your opinion, was VMI’s goal of educating citizen
soldiers unsuitable for women?
 4. Was VMI’s men-only policy unconstitutional? If so,
what remedy should be offered?
Appointing Justices
 President APPOINTS Federal Judges
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1) Attorney General and other Justice Department officials
2) Short list created, will check with various groups who have
stake in the decision
* Members of Congress
• American Bar Association (will research the professional qualifications of the candidates)
• Labor Unions, National Organization for Women, National Right to Life,
etc)
 Senate CONFIRMS Federal Judges
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1) Political Reasons/Viewpoints
2) Qualifications
(Bork)
(Miers)
Role of the Justices
 Chief Justices may play an active role in selection of the
next Supreme Court justice
 May write letters to support or reject nomination
 May lobby President for a certain candidate
 Sandra Day O’Connor was endorsed by Justice William
Rehnquist in 1981.
Supreme Court Decision Making
 2 weeks each month, cases are heard
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Justices hear from lawyers for both sides
Cases heard Monday, Tuesday and Wednesday
Wednesday, Thursday and Friday, Justices meet in conference
 Other 2 weeks, Justices work privately on cases
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Read briefs, amicus curie, study petitions
Research/work on their opinions
 More than 8,8000 cases appealed, but give full hearing to
less than 100 cases
 Opinions apply to specific cases but are chosen because
they address issues before the country and court
Getting Cases to Court
 Writ of Certiorari: An order from the Court to send up the records on
a case for review (either on legal error or on significant constitutional issues)
 On Appeal: A participant in the case can appeal it up to the Supreme
Court if it has significant constitutional issues involved (rarely taken up by Supreme
)
 The Solicitor General:
Court
More than ½ of the cases involve the US as
a party in the suit. The Solicitor General is the lawyer representing the US.
The Solicitor’s staff does the research and prepares the written and oral
arguments for the government
 Selecting Cases: 2/3 appealed never make the list to be considered
“Discuss List”
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Rule of Four: 4 of the 9 Justices must agree to accept the case
Steps in Deciding Major Cases
 Submitting Briefs
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Lawyers on either side submit “BRIEFS” a written statement setting forth the legal
arguments, relevant facts and precedents supporting their side of the case
Amicus Curie “Friends of the Court” briefs submitted by parties claiming to have
information they believe will be useful to the Court
 Oral Arguments
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Each side gets 30 minutes to summarize their case
Justices may interrupt/ask questions
 The Conference
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Wed – Fri Justices meet to discuss the cases
Conference Room with just the 9 Justices present
A Majority will finally win out (best if 9-0)
 Writing the Opinion
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Chief Justice will assign the writing of the Majority Opinion with legal reasons for the
decision
Dissenting Opinions may be written to counter what some believe to be a wrong
decision
Shaping Public Policy
(Decisions made by the Supreme Court set Public Policy for years to come)
 Supreme Court determines policy 3 ways
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1) Using Judicial Review
2) Interpreting the meaning of laws
3) Overruling or reversing its previous decisions
Judicial Review
 The power of the Supreme Court to examine laws and
actions of government and cancel them if they violate the
Constitution
 Civil Rights
 Lincoln’s suspension of Habeas Corpus (fair trial)
 Brown v. Board of Education (equal protection of the law)
 Miranda v. Arizona (rights of the accused)
Interpretation of the Law
 Congress often uses very vague language in its laws, leaving
it up to the Executive or Judicial Branches to apply the law to
specific situations
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Civil Rights Act of 1964
 Lau v Nichols (1974) – provide special instruction to immigrant students
Americans with Disabilities Act (1990)
 PGA Tour inc. v. Martin (2001) – allowed golfer to use power cart during
competition
Overturning Earlier Decisions
 Stare Decisis “let the decision stand”
 Precedent model on which to base other decisions on.
This makes the law predictable.
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Plessy v. Ferguson & Brown v. Board of Education
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overturned segregation (separate but equal)
Olmstead v. United States & Katz v. United States
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Wiretapping – legal then an invasion of 4th Amendment rights
Limits on the Supreme Court
 Limits on Types of Issues
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No power over foreign matters, but a lot of power over constitutional issues
 Limits on Types of Cases
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Only hears cases in which a decision make a difference
Will not issue “advisory opinions”
Plaintiff must have suffered real harm
Case must involve a substantial federal question
Refuses to hear cases with “political questions”
 Limited Control Over Agenda
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Can only hear cases brought to them
 Lack of Enforcement Power
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The Supreme Court cannot force compliance (other parts of the government must do that)
 Checks and Balances
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Other Branches have impact on the makeup of the Court and thus the decisions of the courts
5 things that impact Supreme
Court decisions
1. Existing Laws:
2. Views of the Justices:
3. Interaction with other Justices:
4. Social/Public Attitudes:
5. Congress/President:
Influencing Court Decisions
 Basing Decisions on the Law
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Laws are the foundation for deciding cases in our system
Laws and the Constitution are not always clear in their meaning
Most cases the Supreme Court is asked to rule on involve difficult
questions of conflicting rights
Justices must relate how they interpret the law to the Constitution,
laws and legal precedent
Influencing Court Decisions
 Views of the Justices
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Justices are human with personal points of view
 One justice might believe individual rights must be protected
above all else, even if it means a guilty person might go free
 Another justice might believe a little loss of freedom is acceptable
if it means stopping crime
Liberal, Conservative, and Swing Vote
 Justices tend to vote along a bloc line
 Right now 3-4 liberal, 3-4 conservative, 2-3 swing vote
Judicial Restraint vs. Judicial Activism
The Court and Society
 Concern for Public Support
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The Court must be careful and not get too far in front (or behind)
of where society is at that time
 Influence of Social Forces
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As society changes, the Courts decisions will reflect that change
 Plessey v. Ferguson (Separate but Equal – legalized segregation)
 Brown v. Board of Education (Ends segregation in public schools)
14th Amendment – Equal Protection Under the Law
Balancing the Court’s Power
 The President’s Influence
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The President appoints Judges, Justices
How the President enforces Court decisions
 The Influence of Congress
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Confirms or rejects Judicial nominations
Congress can pass laws aimed at limiting the Court’s options to
order a legal remedy in a case (IE-abortion, segregation)
Congress can amend the Constitution to overturn a Court ruling
Congress sets the salary of Judges, Justices
Congress sets the number of Supreme Court Justices
Essays – Ch 11-12
 What is the difference between courts with original
jurisdiction and courts with appellate jurisdiction? Which
types of cases is the Supreme Court most likely to hear?
WHY
 Supreme Court justices serve life tenures. Give 2
arguments for this and 2 arguments against this. Then,
give your opinion on the issue and WHY YOU BELIEVE
THAT WAY
 EXTRA CREDIT: Name the 9 current justices of the
Supreme Court