The Federal Court System
Chapter 11
Journal
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Suppose a brand new, bright red sports
car is stolen in Chicago. Two days later,
the driver (we’ll call him Joe), is stopped
for speeding in Atlanta. Where, now, will
he be tried for car theft? Why do you
think this?
What the Constitution says
“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”
CONSTITUTIONAL
AUTHORITY

Article III, Sect. 1-3
1. Terms, behavior
and salaries
Sets ups Supreme
Court and lesser courts
2. Supreme power in
in cases of law, hears
cases involving
ambassadors and
foreign dignitaries
3. Treason, levying
war against the U.S. or
assisting enemies
(congress decides
punishment)
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Adjudicates interstate
cases
Adjudicates maritime
issues
Chief Justice presides
over impeachment cases
Sets up rules for lower
courts
Note: tries very few
cases.
Important Note
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We have a dual Court system!
We have the national judiciary with more
than 100 courts across the country.
Also, each of the 50 States have their own
system of courts. State courts hear most
of the cases in this country.
* Ask yourself how this connects to federalism!
Two Kinds of Federal Courts
Congress has created two types of federal courts:
1.
Constitutional
Courts: exercise
broad judicial
power
2. Special Courts: have
a narrow range of
issues they hear
cases on Ex: Court
of Military Appeals,
Claims Court, Tax
Court
Comparing Court Systems
Federal Court System
State Court System
U.S. Supreme Court
Highest State Courts
(hears 80-90 cases)
(50 courts handling 95,000 cases)
U.S. Courts of Appeals
State Intermediate
Appellate Courts
(13 courts handling 40,410
cases)
U.S. District Courts
(94 courts handling 290,167
cases)
(found in ½ the states)
(handling 300,000 cases)
State Trial Courts
(92 million filings)
FIGURIN’ IT OUT..
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Constitutions (federal
and states)
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Statutory law
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English Common Law
THE RULE OF LAW
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The principle that
laws must be
publicized, nonarbitrary, and
uniformly applied;
no citizen is
above the law.
THE RULE OF LAW
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Courts-3rd party referees
Common law (English)-legal
rules created by judges
Precedent-laws previously
established or interpreted
(stare decisis, let the
decision stand)
Constitutional law-set forth
by the founders and judicial
branch
interpretation/decisions
THE RULE OF LAW con’t.
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Statutory law-a law passed by a state or
federal governing body
Civil law-laws regarding interaction between
individuals, developed by ruling bodies such
as legislatures (marriage, contracts, injuries
etc). Violations are “torts”.
Criminal law-violations against a code
inflicting harm on individuals or society
Administrative law-developed by the
bureaucracy (regulations)
Executive order-issued by president to clarify
legislation
AND….
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Substantive law-relates to what we can
and can’t do
Procedural law-how laws are applied and
how legal proceedings are facilitated
Procedural due process-protections that
must be enforced to protect the accused
IT’S FUNCTIONS
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Laws provide security for our well being
and possessions
Laws provide predictability (knowing and
understanding the law)
Laws provide conflict resolution
Laws reinforce societal values
Laws extend protections and benefits
Jurisdiction
the authority of a court to hear and decide a
case
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Constitution gives the federal courts
jurisdiction based on 1) subject matter
or 2) the parties involved in the case.
Subject Matter
1.
2.
The interpretation
and application of
the Constitution or in
any federal law or
treaty
Matters relating to
the high seas or
navigable waters
WHAT MAKES IT
A FEDERAL CASE?
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If it involves the U.S. Government
If the amount at stake is more than $50,000
If it involves more than one state
If it involves a dispute on the waters
surrounding the country
If it involves a citizen of another country
In these cases Federal Courts provide a more
neutral setting for resolving those differences.
Parties
1.
2.
3.
4.
The United States or one
of its officers or agencies
An ambassador, consul or
other official
representative of a foreign
government
A State suing another
State, or a citizen of
another State, or a foreign
government or one of its
subjects.
A citizen on one State
suing a citizen of another
State or a foreign
government
* 11th Amendment
Types of Jurisdiction
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Exclusive Jurisdiction: those cases can be heard only
in federal courts- involving an ambassador, person
charged with a federal crime, involving the
infringement of a patent or copyright, or a case
involving any other matter arising out of an act of
Congress.
Concurrent Jurisdiction: cases that can be heard in
state or federal court- involving citizens of different
states
Original Jurisdiction- where a case is first heard
(district courts and S.C.)
Appellate Jurisdiction- where a court hears a case on
appeal (appellate courts and the S.C.)
CASE GROWTH
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1941-42: 1,302
petitions to the
Supreme Court
1999-2000: 7,377
petitions to the
Supreme Court
CASES, CASES, CASES
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7,000 Petitions per year
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80-100 heard
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1,200 other applications
handled by individual
justices
Court will not hear
hypothetical cases
EXPANDED POWERS
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1803 Marbury v Madison
decision by John Marshall
(fourth Chief Justice)
Power of Judicial Review
First overrule 1810
striking down a Georgia
law involving a “land
deal”
Note: Madison/HamiltonFederalist papers
JUDICIAL REVIEW
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Theoretically the courts were constitutionally
empowered to review laws and presidential
actions but did not claim it
It was not employed because there were so
few laws passed, communication and travel
were problematical and high turnover on the
court
Even after Marbury v Madison the court
seldom asserted itself for several years
THE CAST
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John Adams (Federalist) elected as second
president in 1796 defeating Jefferson
(Republican)
John Marshall appointed as Secretary of State
and Chief Justice of the Supreme Court by
President Adams
William Marbury nominated as a Justice of
the Peace by President Adams
Thomas Jefferson elected as third president
in 1800 defeating Adams
James Madison appointed as Secretary of
State by President Jefferson (later elected as
the fourth president (1808)
THE PROBLEM
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President John Adams made a number of late judicial
appointments as he was leaving office
William Marbury was appointed Justice of the Peace
in Washington D.C. by Adams and confirmed by the
Senate
Paperwork not submitted by then Secretary of State
John Marshall
The new president, Thomas Jefferson wanted his
own appointees and refused to accept Marbury,
ordering his Secretary of State, James Madison to
halt the process
Marbury appealed directly to the Supreme Court
THE CONFLICT
Article III
2.
Supreme power in
cases of law, hears
cases involving
ambassadors and
foreign dignitaries
(original jurisdiction)
Judiciary Act 0f 1789
Congress empowered
the judicial branch to
issue writs of
mandamus (directives
to government
officials to act)
FINDING THE SOLUTION
The options
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Order Jefferson to comply (no way to enforce)
Bow to Jefferson’s wishes (wimpy)
The outcome
Marshall lecture to Jefferson
Acknowledged court’s lack of authority
Invalidate the part of the Judiciary Act of
1789 where congress gave the courts the
power to hear such cases directly
(unconstitutional) because it expanded its
powers
The consequence
Power of Judicial Review
THE POWER OF
JUDICIAL REVIEW
Laws declared unconstitutional by the
Supreme Court
1789-1998
Federal-143
State-1,237
1960-1998
Federal-71
State-553
FEDERAL AND STATE
JUDICIAL SYSTEMS
FEDS AND THE STATE
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Supreme Court
(appointed for life)
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Courts of Appeal
District Courts (trial)
Supreme Court
(appointed for 12 yrs
and extended by the
voters)
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Courts of Appeal
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Superior Courts (trial)
District Courts

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They are the federal trial courts.
Handle 80% of the federal case load.
50 states are divided into 89 judicial districts, with
one court in each district.
Hear criminal and civil cases, from kidnapping and
tax evasion to bankruptcy and civil rights.
The only federal courts that regularly use juries.
Most decisions are final, however some cases are
appealed to the court of appeals in that judicial
circuit and in some cases go directly to the S.C.
Courts of Appeals
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Created as “gatekeepers” to help ease the load of
the S.C. in 1891.
There are 13 courts of appeals.
U.S. is divided into 12 judicial circuits (plus one in
D.C.)
Cases are heard by panels of 3 judges.
Only have appellate jurisdiction.
Their decisions are final unless the S.C. chooses to
hear appeals taken from them.
The 13th court of appeal is the Court of Appeal for
the Federal Circuit and hears cases about patents,
contracts and financial claims against the federal
government.
COURT OF APPEALS
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No trials
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3 judge panel (28 judges)
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28-30,000 decisions a year
(25% of total appeals)
13th COURT OF APPEALS
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Located in Washington D.C.
Handles specific cases of appeals
(claims, customs, patents, veterans,
international trade)
Possible “stepping stone” to the
Supreme Court
CHIEF JUSTICE
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Appointed by president
Administers court (350
employees, $70 m budget)
“leader among equals”
Highly influential
States opinion first
Votes first
Assigns opinion writing
Issues Oath of Office
Presides over impeachment
Presides at the annual Judicial
Conference of the United
States
Seventeen to date
CHASE AND FORTAS
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Samuel Chase (1796-1811): only justice
to be impeached and tried by the Senate
(acquitted)
Abe Fortas (1965-69): only justice to
resign under pressure (financial
irregularities from outside income)
NOTABLE DECISIONS
(the good, the bad and the ugly)
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Partial birth abortion
ban, 2000 voted
unconstitutional
under Roe v. Wade
Bush v. Gore, 2000,
overruling Florida
State Supreme Court
University of
California v. Bakke,
1978, limited
Affirmative Action
(Prop. 209, 1997)
THE GOOD……
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Roe v. Wade, 1973, woman’s right to
privacy
Miranda v. Arizona, 1966, suspects’ rights
Brown v. Board of Education, 1954,
segregation in schools unconstitutional,
overturning Plessy v. Ferguson, 1896
THE BAD AND THE UGLY…
Korematsu v. U.S.,
1944,
Government’s
right to imprison
U.S. citizens
THE INTERNMENT CAMPS
MORE UGLY….
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Dred Scott v. Sanford,
1857, established slaves
as non-citizens
(lived in the free state
of Illinois and free
territory of Wisconsin)
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Plessy v. Ferguson, 1896,
racial segregation legal
(separate but equal
doctrine)
U.S. SUPREME COURT

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Sits in Washington
D.C.
Chief Justice, eight
associate justices
APPOINTMENTS
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Nominated* by the President in the event of
retirement, resignation or death
Senatorial Courtesy/Blue Slips on District
nominees
Recommendations by the Attorney General,
Justice Department, American Bar Association
(not as much)
Senate Judiciary Committee hearings and
recommendation
Must receive a majority vote from the Senate
*Washington (11), Roosevelt (9), Clinton note…….
APPOINTMENTS con’t
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Appointment for life (only branch unelected)
Import of 13th Court of Appeals (Wash. D.C.)
Current prognosis……….age & health
JOHN JAY
First Chief Justice
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Lawyer, statesman
Opposed British oppression
Opposed independence
Supported colonies after
Declaration of Independence
Continental Cong. 1774-75
Elected President 1778
Federalist Papers (1787-88)
Treaty of Paris (1763)
Jay’s Treaty (1794)
First Chief Justice (1789-95)
appointed by Pres.
Washington
COURT COMPOSITION,
TERMS AND SALARIES
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Number of justices (6-10)
Court demographics
Staff and clerk support
Appointed for life, can only
be removed through
impeachment*
Confirmation process
Salaries: Assoc. Just.
$199,200 & Chief $208,100
(2005)
*1805 Samuel Chase,
impeached for arbitrary and
oppressive conduct of trials
(not convicted)
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1789, six by Washington
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1807, seven by Jefferson
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1837, nine by congress
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1863, ten by Lincoln
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1866, eight by congress
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1937, fifteen by FDR
Note: nine since the
Judiciary Act of 1869
BRANCH
$ALARY COMPARISON$
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As of January 2005
President $400,000
Vice President $208,100
Speaker of the House $208,100
House Majority & Minority Leaders $180,100
House/Senate Members & Delegates $162,100
Chief Justice, Supreme Court $208,100
Associate Justices, Supreme Court $199,200
JUDICIAL
PHILOSOPHY
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Judicial Activism:
justices interpret laws
and precedents loosely,
sometimes interjecting
personal values
reflecting current social
conditions
Judicial Restraint:
justices adhere closely
to laws and precedents
with very little personal
interjection of views
(Founders’ intent)
AND…
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Strict Constructionism: the belief that the
only method of changing the Constitution
is by the amendment process
Judicial interpretivism: defining the
Constitution as a living document that may
be redefined as it relates to social change
OVERTURNRED
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Plessy v. Ferguson (1896) separate but equal
Brown v. Bd. Of Ed. (1954) overturned Plessy
Olmstead v US (1919) prohibition, right to privacy
Katz v. US (1967) bookmaking, overturned Olmstead
Koramatsu v. US (1944) internment of Japanese
Americans
1988 Congress the “grave injustice” and compensates
each survivor with $20,000
Bowers v. Hardwick, 1986, Georgia state regulation
of sex between consenting adults (overturned 2003,
Lawrence v. Texas)
IMPORTANT TERMS &
NUMBERS (review)
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Amicus Curiae: “Friends of the court” request
consideration of case and/or influence in outcome
Writ of certiorari: formal request by the U.S. Supreme
Court to call up the lower court case it decides to hear
on appeal
Rule of Four: requirement that four Supreme Court
justices must agree to grant a case certiorari in order
for the case to be heard
Quorum: six justices must be present to conduct court
business
Simple majority: five votes of the nine