The National Judiciary (18.1)

Dual Court System Federal courts – 120+ federal courts in U.S. State courts – Each state has its own court system

Federal Court System

Constitutional Courts U.S. Supreme Court Courts of Appeals U.S. Court of International Trade Constitutional courts exercise the broad judicial powers granted by the Constitution

Special Courts Various U.S. courts for: – Armed forces – Veterans claims – Federal claims – Tax issues – Territorial courts – D.C. courts Hear cases relating to Congress’ expressed powers

Federal Jurisdiction

Jurisdiction  authority of a court to hear a case Federal courts can hear cases depending on the: – Subject matter – Parties involved

Subject Matter Interpretation/application of a provision of the Constitution, federal statute/treaty Question of admiralty law – sea – Crime committed on a ship Question of maritime law – Contract to deliver supplies at the docks

Parties Involved U.S. or 1 of U.S. officers/agencies – house/obama-sues-arizona-over-illegal- immigrant-crackdown house/obama-sues-arizona-over-illegal- immigrant-crackdown Ambassador/consul/official representative of a foreign govt. 1 of the states suing another or resident of 1 state/foreign country

Parties Involved Citizen of 1 state suing citizen in another state U.S. citizen suing foreign govt. or 1 of its citizens Citizen of 1 state suing citizen in same state – Both claim land under grants of diff. states

Types of Federal Jurisdiction Exclusive – Cases can only be heard in federal courts Concurrent – Cases can be heard in federal and/or state courts Original – Location of legal issue determines which court hears case first Appellate – Court hears case of appeal

Appointment of Judges P, w/S approval, appoints federal judges Typically, Republican P choose Republican judges; Democratic P choose Democratic judges Level of judicial activism/restraint – Activism: Judge should use position to promote his/her political views – Restraint: Judges defer to actions of executive & legislative branches, except in cases of unconstitutionality

Should federal judges be allowed to “legislate” from the bench? Why or why not?

Terms/Pay of Judges Constitutional courts: federal judges appointed for life Can only be removed through the impeachment process – 13 judges have been impeached – 7 judges have been convicted – ee_Hastings_corruption_scandal ee_Hastings_corruption_scandal

Terms/Pay of Judges Special courts: federal judges serve either: – 15-yr. terms – 4-yr. terms Assoc. S.C. justices: $208,100 Chief S.C. justice: $217,400 Serve 10 yrs. & retire at 70: full salary for life Serve 15 yrs. & retire at 65: full salary for life