Powers of the Federal Courts Unit 6 Notes

Jurisdiction of the Courts Jurisdiction – ones authority State Courts have jurisdiction over state laws Federal Courts have jurisdiction over federal laws Sometimes the Jurisdiction of Federal Courts and State Courts overlap – Concurrent Jurisdiction Federal Court has the right overrule or take over these types of cases

Jurisdiction of the Courts Jurisdiction for Federal Courts Cases involving: Ambasadors or members from foreign governments Two or more states – (disputes between states) Federal Government Agencies Citizens from different states State and a citizen from a different state State and citizen from foreign country

Developing Supreme Court Power Precendents Judges or Justices aren’t allowed to seek out cases, they have to wait for litigants (lawyers & clients) to bring cases to them. Supreme court will only determine cases, they will NOT answer legal questions. George Washington had Thomas Jefferson ask John Jay what they should do with England and American neutrality . . . “We have considered the previous question stated in a letter written by your direction to us by the Secretary of State . . . We exceedingly regret every event that may cause embarrassment to your administration, but we derive consolation from the reflection that your judgment will discern what is right.” The Supreme Court should not be Political! Determining right and wrong should not be fleeting, it is not a popularity contest, and should just be based upon justice

Developing Supreme Court Power Marbury v. Madison Chief Justice John Marshal Establish Judicial Review The power of the courts to decide if a law or governmental action is constitutional or unconstitutional John Marshall’s Influence Expanded the courts power McCulloch v. Maryland States could not hamper National Interests Fletcher v. Peck Supreme Court can decide if state laws are unconstitutional

Developing Supreme Court Power Due Process Clause (next page = important) no state may deprive any person of life, liberty, or property without the due process of law The state is a servant of the law When harming a person, the government must follow the exact steps of the law (set by the court system) Slaughterhouse Cases Decided that citizen rights would be protected by the Federal Government, rather than state governments Plessy v. Ferguson Established “Separate But Equal.” Overturned by “Brown v. Board of Education”

Due Process Derived from the 5th and 14th Amendment Original Due Process (enumerated) Life, Liberty, and Property Substantive Due Process (unenumerated) All laws Must be Fair Fairness includes other things that might be considered to be "rights” Procedural Due Process The methods that the government use (to prosecute you) must be fair