Read “Is Flag Burning Free Speech?” on p. 59 Be ready to discuss the following issues. What was the purpose of the Flag Protection Act? What arguments did the individual give against the Act? What arguments did the government give in support of the Act? What do you think the Supreme Court decided?

The Federal Court System Chapter 18

The National Judiciary Section One

Article III of the Constitution creates the Supreme Court, but leaves to Congress the creation of the inferior courts—those federal courts under the Supreme Court. Every state also has its own court system. Congress has created two distinct types of federal courts: Constitutional courts and Special courts. Constitutional courts have a much broader jurisdiction, or authority to decide cases, than special courts. Most cases are heard in state courts, not federal courts. Federal courts have jurisdiction over cases based on the subject matter or the persons involved in the case.

Federal courts have jurisdiction if the subject matter deals with a question about the Constitution or any federal law or treaty. Federal courts may also have jurisdiction if the persons involved include any of the following: officers of the United States, ambassadors, citizens of different states, foreign governments, or the United States government. Federal and State courts have concurrent jurisdiction over cases that may be tried by either. Such cases may be disputes among residents of different States.

In some of these cases, the plaintiff, the person filing the case, may choose to bring it to federal or State court. The defendant, the person against whom the complaint is made, may be able to have a case moved from a State court to a federal court. A court that first hears a case has original jurisdiction over it. A court that hears a case on appeal from a lower court has appellate jurisdiction over the case.

The President nominates federal judges, and the Senate then confirms them. The Constitution says that judges of the Supreme Court and inferior courts “shall hold their offices during good behavior.” This means that these judges serve for life and may only be removed from office by impeachment. There has been one Supreme Court justice impeached, but he was not removed from office. There have been 15 federal judges to be impeached, but only 8 were removed from office, most recently in 2010.

The Inferior Courts Section Two

The inferior courts, the federal courts under the Supreme Court, handle most federal cases. Each State, the District of Columbia, and Puerto Rico has at least one district or federal trial court. There are 94 U.S. district courts that hear most federal criminal cases and federal civil cases. A federal criminal case is filed when a person violates a federal law. A federal civil case involves some noncriminal matter, such as a contract dispute. There are 13 courts of appeal. They were created by Congress because the list of cases for the Supreme Court had grown too long.

The Supreme Court Section Three

The Supreme Court is made up of the Chief Justice and eight associate justices. It is the final authority for any case involving questions of federal law.

Supreme Court Building in Washington, D.C.

Current Supreme Court Justices John Roberts, Chief Justice: Nominated by President George W. Bush in 2005.

Current Supreme Court Justices Clarence Thomas: Nominated by President George H. W. Bush in 1991. Anthony Kennedy: Nominated by President Ronald Reagan in 1988.

Current Supreme Court Justices Stephen Breyer: Nominated by President Bill Clinton in 1994 Ruth Bader Ginsberg: Nominated by President Bill Clinton in 1993.

Current Supreme Court Justices Sonia Sotomayor: Nominated by President Barack Obama in 2009 Samuel Alito: Nominated by President George W. Bush in 2006.

Current Supreme Court Justices Neil Gorsuch: Nominated by President Donald Trump in 2017. Elena Kagan: Nominated by President Barack Obama in 2010.

How much do Supreme Court Justices make? Associate Justices earn $213, 900 per year. The Chief Justice earns $223, 500 per year.

The Supreme Court has the final power of judicial review, the power to decide the constitutionality of an act of government. In 1803 the Supreme Court case Marbury v. Madison established this power. The Supreme Court has both original and appellate jurisdiction. Most of its cases come on appeal. It hears cases in original jurisdiction when either a State or a diplomat is involved.

The Supreme Court decides only about 100 cases a year The Supreme Court decides only about 100 cases a year. Most reach the Court by writ of certiorari, which is an order to a lower court to send up a case record for review. The justices explain their decision in writing with a majority opinion, which gives the Court’s official position. Each of these opinions stands as a precedent, or an example for similar cases. A justice who agrees with the decision may write a concurring opinion to add points to the majority opinion. A justice who disagrees with the ruling may write a dissenting opinion.

The Special Courts Section Four

The special courts of the U. S The special courts of the U.S. federal court system are also called legislative courts. Each has a narrow jurisdiction, usually connected to an expressed power of Congress, such as the power to tax. The United States cannot be sued by anyone unless Congress agrees to the case. Congress established the Court of Federal Claims to hear such cases and to allow a citizen to secure redress, or satisfaction of the claim, usually through payment. Congress created territorial courts to judge cases in U.S. territories, such as the Virgin Islands. The District of Columbia, which is neither a State nor a territory, also has its own court system.

Two courts hear cases from the military Two courts hear cases from the military. The Court of Appeals for the Armed Forces is a civilian tribunal, meaning that its judges are civilians. This is the court of last resort for cases involving military law. It may review the decision of a court-martial, or a court composed of military personnel that puts on trial those accused of violating military law. The Tax Court hears civil cases that involve tax law. Most of its cases are generated by the Internal Revenue Service and other agencies of the Treasury Department.

U.S. Supreme Court Case Case Name: New York Times v. United States (1971) Background to the case: The New York Times was not allowed to publish classified documents relating to the Vietnam War. The documents suggested the government had deceived the public about the role of the U.S. in Vietnam. The government argued the documents may endanger national security. The newspaper argued this violated the 1st Amendment (freedom of the press). Court’s Decision: The Court ruled 6-3 in favor of the NY Times. Majority Opinion: The majority opinion, written per curiam, stated that the government must prove the actual threat caused by the publication of material. Dissenting Opinion: The dissenting opinion, written by Justice Burger, argued that the Court did not take into consideration the actual threat that may be posed by the publication of this particular information.

Dred Scott v. Sandford Edwards v. S.C. Miranda v. Arizona Korematsu v. U.S. Mapp v. Ohio Schenck v. United States Roe v. Wade United States v. Nixon Gitlow v. New York Gideon v. Wainwright