Chapter 11: The
Federal Court System
Section 1: Powers of the Federal Courts
Section 2: Lower Federal Courts
Section 3: The Supreme Court
Section 1: Powers of the Federal
Courts
I: Jurisdiction of the Courts
A. The U.S. has a dual court system
state courts
federal courts
B. State courts have jurisdiction over cases
involving STATE laws.
Many state court judges are elected.
C. Federal courts have jurisdiction over cases
involving U.S. laws, foreign treaties, and cases
that involve how to interpret the Constitution.
Types of Jurisdiction
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1. Original jurisdiction
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Court the case goes to FIRST. This depends on
what the case is about and/or where the
plaintiff/defendant are from. Courts that have
original jurisdiction are TRIAL courts.
If you lose your case, you can appeal to a court
with. . .
2. Appellate Jurisdiction
3. Concurrent Jurisdiction (what’s that?)
Where did the Supreme Court Get
its Power?
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Article III is vague
The Supreme Court’s power has
developed over time. . .
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Marbury v. Madison established the court’s
power of judicial review
John Marshall was the first Chief Justice of the
Supreme Court. He used the court’s early
cases to establish and expand Supreme Court
authority (set precedent/establish case law)
Examples of Marshall Court
Activism
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Marbury v. Madison
Fletcher v. Peck
Dartmouth College v. Woodward
Gibbons V. Ogden
Why is each of these cases historically
important? Review the case description in the
back of your book.
Other Important Eras in Supreme
Court History
A.
The Taney Court
Was known for strengthening states’ rights
Dred Scott case as an example
B.
The Court and Due Process
The “Civil War” or “Reconstruction”
amendments
Expansion of these amendments to
economic policy
Important Court Eras continued
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The Court and Business
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Granger cases
Slaughterhouse Cases
U.S. v. E.C. Knight and Company
Debs v. United States
“sick chicken” case
Because of the Supreme Court’s habit of ruling
against his legislation, President Franklin D.
Roosevelt attempted to “pack” the court with his
appointees.
Important Eras continued
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The Warren Court (1953-1969)
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Chief Justice Earl Warren’s court focused on
civil liberties of citizens
The Warren Court’s landmark case was Brown
v. Board of Education of Topeka (1954)
Other cases involved protecting the rights of
those accused of crimes.
Section 2: Lower Federal Courts
Constitutional Courts
a. Federal district courts serve as trial courts
for both civil and criminal cases
There are currently 94 federal district courts.
1. criminal cases are ones in which
someone is being prosecuted for having
broken a law.
2. A civil case is when two people are
suing each other or a person and the
government are in a dispute.
I.
Constitutional Courts continued
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Criminal cases have 2 types of juries:
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Grand jury
Petit or trial jury
If you lose your case, you can appeal.
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There are 13 federal courts of appeals.
Which appellate district is Alabama in?
See p. 314
Legislative Courts
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These are courts created by Congress to
deal with specific types of issues
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US Tax Court
Court of Veterans’ Appeals
Federal Intelligence Surveillance Court (FISA)
Armed Forces court
Selection of Federal Judges: What
do Presidents Look For?
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The president has the power to appoint all
federal judges (with the approval of the
Senate) according to the Constitution.
Presidents usually appoint judges from
their own political party or who share their
views on major issues.
Presidents follow senatorial courtesy when
nominating judges.
Federal judges are appointed for life.
They keep these jobs until they retire, die
or are impeached.
Section 3:The Supreme Court
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What is the jurisdiction of the “highest court in the
land?”
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Has both appellate and original jurisdiction
Original jurisdiction involving. . .
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Representatives of foreign governments
Lawsuits between states or between a state and the federal
government, as in McCulloch v. Maryland
Very few of the cases the court hears every year are original
jurisdiction cases (only about 5 of the 100 or so cases the court
hears.)
Has appellate jurisdiction over cases from
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Lower courts of appeals
Federal district courts in certain cases (when an act of Congress has
been found unconstitutional)
State supreme courts in cases involving federal laws or the
Constitution.
Supreme Court Justices
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How many are there?
1 chief justice
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John Roberts (09/29/05)
8 associate justices
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Samuel Alito (01/31/06)
Stephen Breyer
(08/03/94)
Ruth Bader Ginsberg
(08/10/93)
Clarence Thomas
(10/23/91)
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Associate justices
continued
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Sonia Sotomayor(8/8/09)
Anthony Kennedy
(02/18/88
Antonin Scalia (09/26/86)
Elena Kagan (8/7/10)
Congress and the Court
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Congress sets the number of the justices on the court.
There have been 9 since 1869.
Justices’ salaries are set by Congress and may not
reduce it.
Congress may remove justices by impeaching them
(treason, bribery)
The Constitution says little about what the justices are
supposed to do, so their jobs have evolved over time.
Their main duty is to hear and rule on cases.
The chief justice provides leadership by presiding over
sessions and conferences, which is when the justices
discuss cases among themselves.
Law clerks assist the justices in their work.
Who Becomes a Supreme Court
Justice?
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Historically, most are men in their 50s or
60s.
Three women (one Latina), one AfricanAmerican on the current court.
Most have been federal or state judges or
been state attorney generals.
Appointing Justices
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The Constitution gives the president the authority to
appoint Supreme Court justices subject to Senate
confirmation (how is this an example of checks &
balances?)
The President’s choices are usually confirmed, but
there’s no guarantee--even Washington had one of his
nominees rejected.
The President solicits suggestions from top Justice
Dept. officials, the Attorney General and key Senators
(senatorial courtesy)
The ABA is also involved in evaluating the professional
qualifications of the nominee.
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Well qualified, qualified, or not qualified
Other Influences on Nominating
Justices
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Key interest groups play a role
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NAACP
NOW
The other Justices on the Court also play a role
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Write letters of recommendation
May contact the president directly on behalf of a
candidate
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Ex. Chief Justice Burger and Harry Blackmun
Sandra Day O’Connor and William Rehnquist