THE JUDICIAL BRANCH
Why it Matters
The framers of the
Constitution believed in the
need for a national judicial
system. The Constitution
outlines the structure of the
federal judiciary, the
jurisdiction of the courts, and
the functions of federal
judges.
Defense of a Judiciary
Alexander Hamilton wrote
in the Federalist Paper #22
“Laws are a dead letter
without courts to expound
and define their true
meaning and operation.”
Dual Court System
Dual Court System
The Constitution creates the Supreme
Court and leaves to Congress, the
creation of the Inferior Courts.
Inferior Courts= Lower Federal Courts,
those beneath the Supreme Court.
2 Kinds of Federal Courts
Over the years Congress has created
Two distinct types of federal courts:
1.) The Constitutional Courts
2.) The Special Courts
Constitutional Courts
The Constitutional
Courts are the federal
courts that Congress
has formed under
Article III to exercise
“The judicial power of
the United States.”
Constitutional Courts
Together with the
Supreme Court, hey
now include the
Courts of Appeals, The
District Courts, and
the U.S. Court of
International Trade.
Constitutional Courts
These courts hear
cases involving the
constitutionality of
laws; criminal and civil
cases involving the
laws and treaties of the
United States; and
disputes between two
or more states.
Constitutional Courts
Article III Court judges
are nominated by the
president, confirmed by
the Senate and have life
tenure, which can be
taken away only through
impeachment and
conviction by the U.S.
Senate.
Special Courts
The Special Courts do
not exercise the broad
“Judicial Power of the
United States.” Rather,
they have been created
by Congress to hear
cases arising out of
some of the expressed
powers given to
Congress in Article I
Special Courts
Article I Courts do not have full judicial power.
They cannot issue a final decision in all
questions of Constitutional law, all questions of
federal law or hear claims at the core of habeas
corpus issues.
Special Courts
U.S.
Court of
Federal
Claims
Territorial
Courts
U.S. Tax
Court
Courts of
the District
of
Columbia
U.S. Court
of Appeals
for the
Armed
Forces
U.S. Court
of Appeals
for
Veterans
Claims
These courts are sometimes called the
Legislative Courts.
Federal Court Jurisdiction
The Constitutional Courts hear most of the
cases tried in the federal courts. That is, those
courts have a jurisdiction over most federal
cases.
Jurisdiction= defined
as the authority of a
court to hear (to try
and decide) a case.
Federal Court Jurisdiction
The Constitution gives the federal courts
jurisdiction over certain cases. Article III,
Section 2 provides that the federal courts may
hear a case because of either• The subject matter.
•The parties involved.
Types of Jurisdiction
The federal courts have
several different types of
jurisdiction, depending
on whether or not
(1) they share the power
to hear the case with
the State courts and
(2) they are the first court
to hear the case.
Types of Jurisdiction
In some of the cases the federal
courts have Exclusive Jurisdiction.
Exclusive Jurisdiction=
Cases can be heard
only in the federal
courts.
Legal ‘Speak’
Plaintiff- The person
who files the suit.
Defendant- The
person whom the
complaint is against.
Jurisdiction
A court in which a
case is first heard is
said to have
original jurisdiction A court that hears a
over that case.
case on appeal from
a lower court has
appellate jurisdiction
over that case.
Jurisdiction
In the federal court
system, the district
courts have only
original jurisdiction,
and the courts of
appeals have only
appellate jurisdiction.
Jurisdiction
The Supreme Court exercises both original
and appellate jurisdiction.
The Appointment of Judges
• Judges are appointed by the President.
• Judges are confirmed by the Senate.
– Historically appointments were accepted if
the Senator from that state supported the
appointed Judge.
– This is referred to as Senatorial Courtesy.
– This is not the case any longer.
The Appointment of Judges
Terms of a Judge
• Judges are appointed for life.
– We want impartial judges, not subject to the
emotion and whims of the masses.
– If they were elected, they may craft decisions to
get re elected.
• Special Court Judges serve 15 year terms.
The Appointment of Judges
• Article III, Section 1 of the
Constitution reads, in part:
“ The Judges, both of the
supreme and inferior
Courts, shall hold their
Offices during good
behavior…” This means
that the judge are
appointed for life-until they
resign, retire, or die in
office.
The Appointment of Judges
They may be removed only through the impeachment process.
Only 13 federal judges have ever been impeached.
Types of Jurisdiction
Many cases may be tried in either
a federal court or a State court.
If so, then the
federal and State
courts have
Concurrent
Jurisdiction.
Constitutional Basis
• Power of Judiciary is established by
Article III, section one of the
Constitution.
– Mentions only a Superior court.
– No mention of Lower courts.
• Judiciary Act of 1789 set up the Supreme
Court, 3 Circuit Courts and 13 District
Courts.
Limits on Power
• Cases must be Justifiable, or
appropriate for review by the
courts.
– Must wait for a case to be brought
to them.
– Can only rule on legal matters.
– Involved parties must have
standing, a vested interest, in the
case.
– Supreme Court will only hear a case
as a last resort.
– Burden of Proof is on the plaintiff.
– Case must involve a specific portion
of the Constitution
– A person can not question a law
that they benefit from.
QUESTIONS???