Chapter 14: The National Judiciary

Creation Called for by Alexander Hamilton in Federalist Paper #22. Article III, Section I: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office. Under Federalism a dual court system was developed: 120 courts in the National Judiciary while each state has their own system of courts.

Legislative Courts Stated in Article I (inferior courts) 2 types: constitutional & special Constitutional courts exercise the judicial power of the US (US Court of International Trade) Special courts have arisen over cases involving expressed powers of Congress (Article III…US Tax Court)

Jurisdiction A) Exclusive Cases can only be heard in a federal court…involve federal matters B) Concurrent Can be heard in federal or state courts…disputes that involve money over 75,000 C) State Jurisdiction Cases involving state law D) Original Court the case is heard in 1 st E) Appellate Courts hears the case on appeal

Federal Jurisdiction Stated in Article III, Section II, Clause I If the subject matter includes… 1. Interpretation or application of the Constitution, federal statute, or treaty 2. A question of admiralty law (matters of the high seas)

Federal J con’t If the parties involved in the case is… 1. The US or an officer or agency 2. An ambassador, consul, or representative of a foreign gov’t 3. State vs state 4. Citizen of one state suing another state 5. US citizen suing a foreign gov’t 6. Land grant conflicts w/in the same state

Terms Federal judges are appointed by the President and confirmed by the Senate Supreme Court and inferior courts serve for life, while specially appointed judges serve 15 years Congress sets salaries

Inferior Courts 94 US district courts handle about 80% of the federal caseload US district courts have original jurisdiction over most federal criminal and civil cases 12 federal appeals courts have appellate jurisdiction only The Court of International Trade hears tariff and trade cases The Court of Appeals for the Federal Circuit has nationwide appellate jurisdiction from various federal courts

The Supreme Court Only court created by the Constitution 9 judges Final authority on federal law Has concurrent jurisdiction Usually only hears cases on appeal involving constitutional or federal law In session October-June Majority rules w/ concurring and dissenting opinions

Powers Stated in Article III of the Constitution Judicial Review—1 st established in Marbury v. Madison Original jurisdiction in two areas: 1. Controversies between states 2. All cases brought against ambassadors and public ministers

Getting to the SC Very few take original jurisdiction Usually follows this process: 1. Case filed in federal district court 2. Case is appealed to federal court of appeals 3. Case is appealed to the Supreme Court 4. SC court either… a. Allows decision to stand b. Sends case back to lower court for reconsideration c. Agrees to hear the case 5. SC rules on the case

Special Courts 1. US Court of Federal Claims: the US gov’t cannot be sued w/ out its consent and it must be heard here 1 st 2. Territorial Courts: Courts for US territories that are not state (DC, Puerto Rico, Guam) 3. Court of Appeals for the Armed Forces: Civilian tribunal (independent of the military) that hears appeals cases involving court-martials 4. US Court of Appeals for Veterans Claims: hears claims regarding veterans’ benefits 5. The US Tax Court hears civil cases involving tax law

Questions 1. Should judges be limited to strict interpretation of the law? Explain. 2. Should Congress look into personal opinions of a person who is about to be appointed as a judge to the Supreme Court? Explain. 3. Why is so difficult for the Supreme Court to take original jurisdiction? Explain.