[ 7.1 ] The National Judiciary

Article III: Established the Supreme Court Section I establishes the Supreme Court and gives Congress the authority to establish other courts as they see fit. Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction Section III defines treason, and mandates that at least two witnesses appear in such cases.

The Courts and Democracy In Puritan towns, punishment often included public shaming, such as being placed in the pillory. Corrupt leaders throughout history have used the legal system to exert control over the people.

Creation of a National Judiciary During the years the Articles of Confederation were in force (1781–1789), there were no national courts and no national judiciary. The laws of the United States were interpreted and applied as each State saw fit, and sometimes not at all. Disputes between States and between persons who lived in different States were decided, if at all, by the courts in one of the States involved. Often, decisions by the courts in one State were ignored by courts in the other States.

A Dual Court System State Courts Hear most of the country’s cases Hear civil and criminal cases about state laws and state constitutions Cases not under federal jurisdiction Federal Courts Interprets and applies the constitution, federal laws and treaties Cases that arise on the high seas Cases that involve certain parties

Constitutional Courts- courts formed under Art. III Creation of a National Judiciary Constitutional Courts- courts formed under Art. III Court of Appeals, District Courts, and Court of Int’l Trade Special (Legislative) Courts- hear cases arises out of Congress’s expressed powers US Court of Armed Forces, US Court of Appeals for Vet Claims, US Tax Court, territorial courts

Creation of a National Judiciary Alexander Hamilton favored a federal judiciary with the power to settle State disputes and override State laws. He advocated a strong federal court system in several of his Federalist essays.

Creation of a National Judiciary

Subject Matter- must be… Federal question Maritime law Parties Jurisdiction in the Federal Court System Subject Matter- must be… Federal question Maritime law Parties US or one of it’s officers Foreign ambassador State Resident of another State Foreign government

Jurisdiction in the Federal Court System A ship capsizes, sending its cargo into the sea. Problems caused by accidents, such as oil spills and the recovery of goods and wreckage, fall under the federal umbrella of admiralty law.

Federal Court Jurisdiction (District courts) Exclusive Jurisdiction: Cases that involve: U.S. law Ambassadors or reps. from foreign nations Two or more state govts. Citizens of different states Bankruptcy

Concurrent Jurisdiction When cases overlap between state and federal courts Ex: citizens of different states in which the dispute concerns at least $50,000

Original Jurisdiction Trial Court: court in which a case is originally tried (aka district courts) Has original jurisdiction only

Appellate Jurisdiction This is when a person loses at the trial level and decides to appeal their case to a higher court

Types of Jurisdiction Dueling smartphones represent a lawsuit filed against Samsung Group by Apple Inc. in a California federal court. Since the suit alleged patent infringement, it had to be tried in federal court.

Types of Jurisdiction

Federal Judges and Court Officers Terms of Judges Salaries and Duties of Federal Judges Other Federal Judges and Appointments

President’s most lasting legacy Judges are usually appointed for life Senatorial courtesy- Right of home state senator to reject Presidents will pick judges that: share his ideology partisanship competent and high ethical behavior held high administrative or judicial positions

Outside Influence on Selection Interest Groups Media/Advertisement Campaign Contributions to Senators or White House Mail-ins OP/ED pieces Lobbying Senate, Senate Judiciary Committee, White House Protests Ratings

Restraintism vs. Activism Subordination of precedents and statutes Deference to personal attitudes, values, and goals Based on the idea that judges make laws Interpretation solves problems not considered or addressed by the legislature “The question comes up, and you decide it.” – you don’t wait for the legislature Decisions strongly predictable from the individual attitudes Follow precedents Strict construction to the constitution Deference to legislative “intent” Restraintist judges stick closely to the constitution and are averse to interpreting the Constitution as how it “ought to be” Decisions are strongly predictable as they must be in line with the literal Constitution These judges also show great divergence in their votes from their political values, as they feel their values should not interpret the constitution.

Federal Judges and Court Officers In 2009, President Barack Obama nominated Sonia Sotomayor to serve as an associate justice of the Supreme Court.

Federal Judges and Court Officers

A. they wanted to be able to appoint their friends. Quiz: The Courts and Democracy The Framers stipulated that federal judges should be appointed, rather than elected, and serve for life because A. they wanted to be able to appoint their friends. B. they did not think people were knowledgeable enough to vote for judges. C. they felt public pressure to do so. D. they wanted judges to be able to make decisions based on their best judgment.

Quiz: Creation of a National Judiciary Which court does Article III, Section 1 of the Constitution specifically name? A. inferior court B. State court C. Supreme Court D. district court

A. original jurisdiction B. appellate jurisdiction Quiz: Types of Jurisdiction What kind of jurisdiction allows either a State or a federal court to hear a case? A. original jurisdiction B. appellate jurisdiction C. exclusive jurisdiction D. concurrent jurisdiction