The Federal Judiciary
Magruder Chapter 18
The National Judiciary
The Creation of a National Judiciary


The federal court system was established by
Article III of the Constitution
 Article III Section 1
There are two separate court systems in the United
States
 The United States has a national system of
courts
 Each State has its own court system that hears
most of the cases brought in this country
The Creation of a National Judiciary

Over the years Congress has created two
types of federal courts
 Constitutional Courts include the
Supreme Court, the courts of appeal, the
district courts, and the Court of
International Trade
 Created under Article III, Section 1
 Judges serve for life
The Creation of a National Judiciary

Special, or legislative, courts are created
by Congress and hear only a limited
range of specialized cases.
 Created under Article I Section 8
 Judges serve for a limited time
Jurisdiction in the Federal Courts

Federal courts can hear cases that arise out
of the:
 US Constitution
 Federal Statute or Treaty
 Cases affecting Ambassadors, other
public Ministers, and Counsels
 Cases of admiralty and maritime
jurisdiction
Jurisdiction in the Federal Courts
Cases to which the United States is a
party
 Controversies between two or more
States
 Controversies between citizens of
different States

Jurisdiction in the Federal Courts
Controversies between citizens of the
same State claiming lands under grants of
different States
 Controversies between a State, or the
citizens thereof, and foreign States,
Citizens, or subjects
 Article III Section 2

Jurisdiction in the Federal Courts
All cases that do not fall under the
jurisdiction of the federal courts are within
the jurisdiction of the State courts
 Some cases have exclusive (federal courts
only) jurisdiction
 Some cases have concurrent (federal or
state courts) jurisdiction

Jurisdiction in the Federal Courts
The district court in which a case is first
heard is said to have original jurisdiction
 The appellate court to which a case is
appealed from a lower court is said to have
appellate jurisdiction

Appointment of Judges
Federal judges are nominated by the
President and confirmed by the Senate
 Presidents almost always nominate persons
from their own party who share their
philosophy of government

Terms and Pay of Judges

Most federal judges are appointed for life
and may be removed only through the
impeachment process
 Constitutional Courts only
 Special Courts – 12 or 15 year terms
 Table on page 478
Terms and Pay of Judges

Congress sets judicial salaries and benefits
 Chief Justice – $208,100
 Associate Justices -- $199,200
 Court of Appeals -- $171,800
 District Court -- $162,100
 Can never be decreased
Terms and Pay of Judges

Judges can retire with full salary at the age
of 70 after serving for at least 10 years or 65
if they have served for 15 years
Court Officers
Each district court has many officials who
assist the district judge
 Clerks – take care of the records of the
court’s proceedings, maintain the court seal
 Bailiffs – keep order in the courtroom
 Stenographers – keep an accurate record of
what is said in the courtroom

Court Officers
Magistrates – issue warrants of arrest, set
bail, and can try certain minor offenses
 Bankruptcy judges – at least one per district
court
 326 in the US, serve 14 year terms
 United States attorneys – try cases before
the district courts
 Federal marshals – national police

The Inferior Courts
The District Courts
Formed in 1789 by Congress with the
passing of the Judiciary Act of 1789
 At present there are 94 district courts in the
United States
 50 States are divided into 89 district courts
with one in D.C., one in Puerto Rico, one
in Virgin Islands, one in Guam, one in
Northern Marianas

The 632 district court judges hear 80
percent of the federal caseload
 Each State forms at least one judicial
district, and a minimum of two judges are
assigned to each district

The District Courts

District courts have original jurisdiction
over most of the cases heard in the federal
courts
 District courts hear both civil and
criminal cases
 District courts use both grand and petit
juries
The Courts of Appeal
Courts of appeals were created in 1891 as
“gatekeepers” to the Supreme Court
 There are now 12 courts of appeals and 179
judges
 Appellate courts are regional and usually
hear appeals from courts within their
circuits

The Courts of Appeal
They also hear appeals from the United
States Tax Court, the territorial courts, and
from decisions of federal regulatory
commissions
 Each Supreme Court Justice is assigned to
one of the 12 circuits

Two Other Constitutional Courts

The Court of International Trade has nine
judges who hear civil cases arising out of
the tariff and other trade-related laws.
 Sit in three judge panels
 Hold trials in major ports: New York,
New Orleans, San Francisco, Boston
 Appeals go to Court of Appeals for the
Federal Circuit
Two Other Constitutional Courts

The Court of Appeals for the Federal Circuit
has 12 judges. It was set up in 1982 to
centralize the appeals process in certain
types of federal cases and in cases from
certain lower and special courts
 Has a nationwide jurisdiction
 Hears only civil cases
The Supreme Court
West Side of the Court
Supreme Court
Front Facade
Back of Supreme Court
Contemplation
of Justice
Authority of Law
1810-1860
The Old Senate Chamber
Supreme Court Chambers
Conference Room
Supreme Court Library
The Supreme Court
Only court specifically mandated by the
Constitution
 Has a chief justice and eight associate
justices
 This is the highest court in the United States
and has the final authority on all questions
of federal law

Judicial Review
Judicial review is the power to decide on
the constitutionality of an act of government
 The Founders intended to give this power to
the courts, but did not write it in the
Constitution
 Alexander Hamilton discussed this idea in
Federalist 78 (quote p. 472)
 The principle was established in the case of
Marbury v. Madison (1803)

Judicial Review
Court often exercises this power
 Constitution is the Supreme law of the land
 Article VI
 All legislative enactments are subordinate to
the Constitution
 Judges are sworn to enforce the provisions
of the Constitution

Jurisdiction
The Supreme Court has great power as the
ultimate authority on constitutionality and
as the arbiter of disputes between States and
between States and the Federal Government
 The Supreme Court has both original and
appellate jurisdiction

Jurisdiction

Original Jurisdiction is based on Article III
Section 2
 Cases to which a State is a party
 Cases involving Ambassadors, other
public Ministers, and Consuls
Jurisdiction
Congress has provided that the Court shall
have Exclusive and Original jurisdiction
over:
 Ambassadors or other public Ministers
 Cases between States
 Congress can control the appellate
jurisdiction of the Supreme Court

Jurisdiction
Can remove any appellate jurisdiction that it
wishes
 But most of its cases are appeals
 Since 1925, the Supreme Court has had
almost complete control over its own
caseload

How Cases Reach the Court
Over 6,000 cases are appealed to the
Supreme Court each year
 The Court will select only a few hundred to
be heard
 Under the “Rule of Four,” at least four
justices must agree that the Court should
hear a case before the case is selected for
the Court’s docket

How Cases Reach the Court
The Court will dispose of half of the cases
with a simple, brief, written statement
 The Court decides, with full opinions, only
about 100 cases per year
 Most cases reach the Court by writ of
certiorari – an order to a lower court to send
the record in a given case to the Supreme
Court for its review

How Cases Reach the Court
“Cert” is granted in only a limited number
of cases
 Constitutional question
 When “Cert” is denied, the lower court
ruling stands
 A few cases reach the Court by “certificate”
 Not clear about a rule of law

How Cases Reach the Court

Most cases reach the supreme Court
through the State Supreme Courts and the
Federal Courts of Appeal
The Supreme Court
Chief Justice
 John Roberts (Bush, 2005)
 Associate Justices
 John Paul Stevens (Ford, 1975)
 Antonin Scalia (Reagan, 1986)
 Anthony Kennedy (Reagan, 1988)
 David Souter (Bush, 1990)

The Supreme Court
Clarence Thomas (Bush, 1991)
 Ruth Bader Ginsburg (Clinton, 1993)
 Steven Breyer (Clinton 1994)
 Samuel Alito, Jr. (Bush, 2006)

Chief Justice John Roberts
John Paul Stevens
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsburg
Steven Breyer
Samuel Alito, Jr.
The Supreme Court at Work
The court term begins at 10:00 am on the
first Monday in October
 The term will usually end in June or July
 Justices hear cases in two-week cycles
 Usually will hear oral arguments on
Monday, Tuesday, Wednesday, and
sometimes Thursday

The Supreme Court at Work
Each lawyer must be on the approved list to
argue cases before the Supreme Court
 Each side receives thirty minutes to argue
their case
 Justices can interrupt a lawyer at any time
to ask questions about the case
 When the red light goes on, the period is
over

The Supreme Court at Work
Briefs are the main way that information is
provided to the Justices.
 Briefs, written documents supporting one
side of a case, are submitted before oral
arguments are heard
 May run into the hundreds of pages
 Amicus curiae (friend of the court briefs)
 Can only be filed with court’s permission

The Supreme Court at Work
The Solicitor General represents the United
States whenever the US is a party to a case
 He or she decides which cases to appeal to
the Supreme Court
 The present Solicitor General is Paul
Clement

The Supreme Court at Work

The Conference:
 Done behind closed doors
 No written records are kept of the
proceedings
 Chief Justice speaks first about the case
and lays out his reasoning about the rule
of law and how the case should be
decided
The Supreme Court at Work
The next senior justice then speaks and
gives his point of view
 Then each justice in order of seniority
 Once all justices have had their say, the
last justice appointed to the court will
vote.
 Then each justice will vote in order of
seniority

The Supreme Court at Work
The Chief Justice will vote last giving
him the opportunity to break a tie, if
necessary
 Quorum for the Court is six
 Majority is necessary for a decision to be
rendered
 4 of 6; 4 of 7; 5 of 8; 5 of 9

The Supreme Court at Work
If the vote ends in a tie, the decision of the
court that heard the case last, stands
 If the Chief Justice is in the majority, he will
write the opinion of the court or will assign
this to one of the majority voters
 If Chief Justice is in the minority, the senior
Justice in the majority will serve in this role

The Supreme Court at Work

Opinions that can be issued:
 Opinion of the Court (Majority Opinion)
 Outlines the court’s position and the
reasoning for that position
 Concurring Opinion
 Justice agrees with the majority but for
different reasons
The Supreme Court at Work
Dissenting Opinion
 Justice believes that the Court erred in
its ruling and here are the reasons why
 Stare decisis – let the decision stand
 Creates the rule of precedent
 Dissenting Opinion could be used to
overturn some future case

The Special Courts
The United States Claims Court
The United States may be sued only if it
gives its consent
 Sovereign Immunity
 The Claims Court hears cases from all over
the country in which there are claims for
damages against the Federal Government
 Originally had to have a appropriation from
Congress

The United States Claims Court
1855 – Congress created the Claims Court
 16 judges serve 15 year terms
 Paid when Congress appropriates the money
 Can appeal to the Court of Appeals for the
Federal Circuit

The Territorial Courts
Under the Constitution, Congress created
courts for the nation’s territories
 These courts operate much like local courts
in the State systems

The Courts of the
District of Columbia
The District of Columbia has its own
system of courts
 This system was set up by Congress
 A Superior Court and Court of Appeals for
the City
 A District Court and a Court of Appeals as a
part of the national system

The Court of Appeals
for the Armed Forces
The five judges of this court are civilians
appointed to 15 year terms
 This court hears appeals from court-martial
convictions and is usually the court of last
resort for members of the Armed forces
 Military is under the UCMJ – Uniform
Code of Military Justice
 Created in 1950

The Court of Veterans Appeals
The seven judges of the Court of Veterans
Appeals are appointed by the President for
15 year terms
 They hear appeals from veterans who claim
that the Veterans Administration has
mishandled their cases
 Created in 1988
 Appeal to the C of A for the FC

The United States Tax Court
The 19 judges of the Tax Court are
appointed by the President to 12 year terms
 The Tax Court hears only civil cases
involving disputes over the application of
tax laws
 Created in 1969
 Cases from the IRS or Treasury Dept.
