The Federal Court System Rules above all other courts! We are the “Gate Keepers”! We are the trial courts…. civil and criminal. Hears monetary claims against U.S. Gov’t

I. The Federal Court System Article III Section 1: “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.” With this line, the Framers created a National Judiciary for the US Judicial Branch plays an important part in the Checks and Balances system Courts can declare laws unconstitutional Courts can declare acts of POTUS unconstitutional

I. The Federal Court System There are 2 separate court systems in the US: National Judiciary 120 courts Each State has its own system of courts State Courts hear most cases in the US

I. The Federal Court System There are also 2 kinds of Federal Courts as well: Constitutional Courts(aka regular courts) – created in Article III to exercise the “Judicial Powers” of the US. Include: Supreme Court, Court of Appeals, District Courts

I. The Federal Court System Special Courts (aka legislative courts) – Created by Congress to hear cases arising out of certain Expressed Powers given to Congress in Article I. Hear a much Narrower range of cases than those that may come before the constitutional courts. Include: US Court of Appeals for the Armed Forces, US Tax Court, US Court of Federal Claims

II. Inferior Courts Handle most of the cases tried in Federal Court District Courts: Federal Trial courts 677 judges 300,000 cases a year 94 total Hear both Criminal & Civil cases Criminal: Jury looks at evidence to determine if a person broke a law ***Must be guilty “Beyond a reasonable doubt (at least 95%)” Civil: Jury/Judge determines if a person is responsible for damages ***Must have a “preponderance of evidence (51%)” or more guilty than not Most decisions are final…however some are appealed in the Court of Appeals or in a rare circumstance directly to the Supreme Court

Criminal vs. Civil Law ‘Preponderance of Evidence’ ‘Beyond reasonable doubt’

II. Inferior Courts The Court of Appeals: created by Congress in 1891. “Gatekeepers” – created to relieve the Docket: list of cases to be heard (workload) by the Supreme Court There are 13 in the judicial system 179 judges

The Supreme Court Sotomayor(L), Breyer(L), Alito(C), Kagan(L) This robe is hot! Wow that smells Clarence! Oh shoot! I blinked! Innocent??? Not a Chance! Sotomayor(L), Breyer(L), Alito(C), Kagan(L) Thomas (C), Scalia (C) RIP, Roberts (C), Kennedy(M), Ginsburg(L)

Liberal – Conservative Scale Kennedy is the swing voter

I. Basics Only court specifically (expressly) created by the Constitution (Art. III Sec. 1) There are supposed to be 9 judges The Court is on equal footing with the President & Congress Justices are appointed by the President and confirmed by the Senate Their terms are for Life

I. Basics Alexander Hamilton referred to the Supreme Court as the “Least Dangerous” branch of government – Why? No Money Power (legislative branch) nor the power to control the Military (executive branch) It is the “Court of Last Resort” in all questions of federal law It is the FINAL AUTHORITY in any case involving a question arising under the Constitution, and act of Congress, or a treaty of the US

II. Judicial Review Definition: the power to decide if an act of government is constitutional  There are only two ways to overturn a Supreme Court’s ruling: Supreme Court overturns a previous Supreme Court’s decision – Plessy vs. Ferguson/Brown Vs. Board Constitutional Amendment – 13th/14th Amendment overturned Dred Scott vs. Sanford  

II. Judicial Review Marbury vs. Madison effects: The SC claimed the right to declare acts of Congress Unconstitutional Established Judicial Review Reinforced the Supremacy Clause: Constitution is the “Supreme law of the land.” Judges must refuse any government action they find in Conflict with the Constitution which they are Required to defend.

III. Supreme Court Jurisdiction What is Jurisdiction? Power of a court to hear/review a case How do cases reach the Supreme Court? Appealed to the Supreme Court; 8,000 cases every year The SC then Selects which cases it wants to hear/review for decision On average, the SC decides about 100 cases a year Most cases reach the SC by a Writ of Certiorari: “to be made more certain”: this is an order by the court directing a lower court to send up the record in a given case for its review.(hand-picked)

III. Supreme Court Jurisdiction How the SC operates: Set a Date: Begin the first Monday in October; end the following June/July Briefs are filed by both sides of the case (written arguments for both sides) Hear Oral Arguments (limited to 30 min each for two weeks) Recess and consider cases for the next two weeks Chief Justice presides over each case and tells the others how he/she intends to vote Other justices then give their Opinion Debate occurs in conference – About 1/3 of cases are unanimous If the CJ is on the majority, he/she assigns the writing of the Court’s decision If in the minority, the decision is assigned by the next Senior member

III. Supreme Court Jurisdiction The Courts opinion is called the Majority Opinion. They stand as Precedents or examples to be followed in similar future cases Concurrent Opinion: written to emphasize or add to a point that was not made in the majority opinion Dissenting Opinion: written by justices who do not agree with the Court’s majority opinion; minority position could become the majority position in the future.

IV. Special Courts Court of Appeals for the Armed Forces: Court Martial: serve the special disciplinary needs of the armed forces and are not part of the federal court system. Court of Federal Claims: Determine if people have valid reason to sue the government It also hears the case and determines the result Congress then appropriates the money if at fault Many other courts exist as well like the US Tax Court, Veteran affairs, etc.