Agenda 1. Warm-Up 3. The National Judiciary 4. Federalism and the Courts

The National Judicary

Creation of a National Judiciary During Article of Confederation years, national laws were interpreted by States Article III Section 1 created SCOUTS and gave Congress authority to create inferior courts Lower federal courts beneath Constitutional courts formed under Article III Special courts hear cases arising out of Congress powers

Federal Court Jurisdiction Constitutional courts have jurisdictions over most cases tried in federal courts Authority to hear and try a case Certain subject matter and parties involved give federal courts jurisdiction over a case All cases not heard in federal courts are jurisdiction of the states

Types of Jurisdiction

Appointment of Judges According to Article II Section II Clause 2 the POTUS nominates judges with approval of Senate Qualified person’s who share similar political ideology and views nominated Judicial restraint refers to judges should try cases basis The original intent of the constitution or law Precedent (previous decisions in proir cases) Judicial activist think judges should act more boldly

District Courts Handle about 80% of the federal case load 50 states divided into 89 districts + 5 others Have original jurisdiction over most federal court cases Hear criminal (defendant charged w/ federal crime) and civil (dispute over a noncriminal matter) cases

Court of Appeals Act as gatekeepers of the Supreme Court Relive SCOTUS of burden of hearing to many cases Most times 3 judges will hear case, for rare important cases all will Have ONLY appellate jurisdiction after District Courts hear case