Federal Courts Policy Makers

How does the federal courts operate? intro How does the federal courts operate?

Federal Courts Article Three

Courts Constitution Article Three: Section 1 Creates a Supreme Court – the highest court in the United States Congress has the power to set up lower courts how they see fit Judges serve for life terms once appointed by the president and confirmed by the Senate They serve “during good behavior” – they can be impeached like the president can Like the president – their pay cannot be decreased

Courts Constitution Article Three: Section 2 Sets up the original jurisdiction of the Supreme Court Cases involving ambassadors or public ministers, and maritime law When the United States is involved, or when a state sues another state, or a state is sued by a citizen of another state Criminal cases take place in the state where they are committed and have trial by jury

Courts Constitution Article Three: Section 3 Defines treason Levying war against the US, or helping enemies of the US Giving the enemies aid or comfort Conviction requires 2 witnesses to the same act or an open confession in court Congress can decide the punishment for treason

Courts Constitution Article 3 Recap The judicial branch is independent The courts are given NO EXPRESSED POWERS Structure of the court system is left up to Congress – it can be changed

Judicial Review Federal Courts

This established “precedent” of judicial review Courts Judicial Review Marbury V Madison 1801 Supreme Court case from John Marshall Court about “midnight judges” Marbury was petitioning SCOTUS to issue a writ of mandamus, which orders an inferior part of govt to “do something” Judiciary Act of 1789 gave court this power, John Marshall thought it conflicted with Article 3 This established “precedent” of judicial review

Courts Judicial Review Judicial Review Ability of courts to review actions of other parts of the government and determine their constitutionality When a law and the Constitution conflict, the law is no longer law This gives the court power to determine the extent of the government’s power This is the main check the courts have on the rest of the government

Courts Judicial Review Judicial Review It is the inherent duty of the courts to interpret and apply the Constitution & determine if there is a conflict between a law and the Constitution This idea is supported by arguments in Federalist #71 After Marbury the SCOTUS took on a monitoring role over govt actions It did not strike down another federal law again until Dred Scott JUDICIAL REVIEW DOES NOT AUTOMATICALLY MEAN STRIKE DOWN

Random Vocab Federal Courts

Courts Vocabulary Forms of Law Criminal Law: A person violates a law (State V Person’s Name) Civil Law: Settling disputes between private parties (Person V Person) Common Law: Law created as a result of a previous court decision (precedent) Statutory Law: a statute – a law made by a legislative body Administrative Law: a law made by an administrative body (bureaucracy)

Courts Vocabulary Litigants Plaintiff – the person who brings a case to court In criminal law, the state is the plaintiff Defendant – the person who a case is brought against (or charged) Jury can also be considered a litigant Counsel – a lawyer who gets to speak on behalf of a litigant

This means the types of things that federal courts can rule on Vocabulary Justiciability This means the types of things that federal courts can rule on The court isn’t issuing an advisory opinion: meaning they answer a question presented to them by another part of the government The issues must be “ripe” – it is an existing controversy; not a hypothetical Cannot be “moot” – can’t decide an issue that has already been resolved Won’t answer “political questions” – try to stay out of “politics” “Dems vs. Reps”

Courts Vocabulary In a case Standing to sue – a person needs sufficient reason to bring charges They have to be involved in the issue Brief – a document that explains facts / arguments involved in a case Precedent – a decision of the court used as an example for similar cases in the future

Bigly Ideas Policy Makers

Courts Wrap Up Provisions of Article 3 Marbury V Madison Judicial Review Random Vocabulary Focus on these things: