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 1. Original jurisdiction 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? Article III is vague The Supreme Court’s power has developed over time. . . 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 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 The Taney Court Was known for strengthening states’ rights Dred Scott case as an example The Court and Due Process The “Civil War” or “Reconstruction” amendments Expansion of these amendments to economic policy

Important Court Eras continued The Court and Business 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 The Warren Court (1953-1969) 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.

Constitutional Courts continued Criminal cases have 2 types of juries: Grand jury Petit or trial jury If you lose your case, you can appeal. There are 13 federal courts of appeals. Which appellate district is Alabama in? See p. 314

Legislative Courts These are courts created by Congress to deal with specific types of issues US Tax Court Court of Veterans’ Appeals Federal Intelligence Surveillance Court (FISA) Armed Forces court

Selection of Federal Judges: What do Presidents Look For? 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 What is the jurisdiction of the “highest court in the land?” Has both appellate and original jurisdiction Original jurisdiction involving. . . 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 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 How many are there? 1 chief justice John Roberts (09/29/05) 8 associate justices Samuel Alito (01/31/06) Stephen Breyer (08/03/94) Ruth Bader Ginsberg (08/10/93) Clarence Thomas (10/23/91) Associate justices continued Sonia Sotomayor(8/8/09) Anthony Kennedy (02/18/88 Antonin Scalia (09/26/86) Elena Kagan (8/7/10)

Congress and the Court 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? Historically, most are men in their 50s or 60s. Three women (one Latina), one African-American on the current court. Most have been federal or state judges or been state attorney generals.

Appointing Justices 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. Well qualified, qualified, or not qualified

Other Influences on Nominating Justices Key interest groups play a role NAACP NOW The other Justices on the Court also play a role Write letters of recommendation May contact the president directly on behalf of a candidate Ex. Chief Justice Burger and Harry Blackmun Sandra Day O’Connor and William Rehnquist