FEDERAL COURT SYSTEM Article III

OUTLINE REFRESHER SUPREME COURT NOMINATION

POWERS OF THE FEDERAL COURTS State Courts State Constitutions + laws Jurisdiction over state law cases Federal Courts Supreme Court- Constitution Lower federal courts- Congress Jurisdiction when: U.S. laws treaties (foreign policy) interpretation of Constitution bankruptcy Maritime laws (Somali Pirates) Ambassadors state governments Interstate commerce (other kind?) Concurrent Jurisdiction- Fort Knox robbery. Explain why. Citizens involved are from different states and the dispute is more than $75,000. Explain why.

LOWER FEDERAL COURTS 1) Constitutional Courts (Article III) 94 district courts- civil, criminal federal trials Grand Juries- indictment Petit juries- weigh evidence render verdict 13 federal court of appeals 12 from their district + U.S. Tax Court, District of Columbia, federal regulatory agencies +1 nationwide jurisdiction- International trade, U.S. Claims court, Court of Veterans’ appeals

LOWER FEDERAL COURTS 2) Legislative (Article 1) federal courts Helps Congress exercise power Why not leave it all up to the President? U.S. court of federal claim- person sues government U.S. Tax Court- federal tax cases Territorial courts- civil/criminal Guam, Northern Mariana Islands, Puerto Rico Court of appeals for Armed Forces- appeals from military courts FISA court- secret- grants warrants to eavesdrop on citizens and foreigners suspected of terrorism FYI president appoints all federal judges- consent of Senate Constitutional courts (listed below)- serve for life District courts Court of appeals Supreme court

SUPREME COURT “The Supreme Court is like a referee on a football field. The Congress, the President, the state police, and other government officials are the players. Some can pass laws, and others can enforce laws. But all exercise power within certain boundaries. These boundaries are set by the Constitution. As the "referee" in the U.S. system of government, it is the Supreme Court's job to say when government officials step out-of-bounds.”

SUPREME COURT Final authority Constitutional/Unconstitutional Acts of Congress Treaties with other nations Original Jurisdiction Cases involving representatives of foreign governments, or when a state is involved Most cases are appeals from lower federal district or appeals courts or state supreme courts. “The decisions of the Supreme Court are made inside a white marble courthouse in Washington, D.C. Here the nine justices receive about 5,000 requests for hearings each year. Of these the Court will agree to hear fewer than 150. If the Court decides not to hear the case, the ruling of the lower court stands.”

SUPREME COURT 9 justices 1 Chief justice 8 associate justices Must issue an opinion explain the decision Justices are also distributed among 12 circuits- handle special requests for legal actions in their circuits.

WHO INFLUENCES THE PRESIDENTS NOMINATIONS AGAIN? American bar association Sitting justices Self nomination Congressmen Political association Etc.

MARBURY V. MADISON

RECAP! The Constitution gives power to the federal court if it involves: What? Foreign affairs More than 1 state Congressional laws Bankruptcy Maritime (H20 A result of Marbury v. Madison was that judicial review was established. What does that give the Supreme court the right to do? Define laws as constitutional or unconstitutional: that is not stated in the Constitution

Original jurisdiction Authority of a trial court to be first to hear a case (district court) Appellate jurisdiction Authority held by a court to hear a case that is appealed from lower court District-> court of appeals->lose-> supreme court P. 306 in your book What is the highest court to which a case can be appealed? From which courts will the US. Supreme Ct hear direct appeals? A: Highest state, court of appeals federal circuit, us court of appeals for armed forces (orange not federal court system)

SUPREME COURT PRECEDENTS Judge/Justices must wait for litigants to bring an issue to court They do not answer general legal questions-only cases involving conflict between 2+ people

LANDMARK CASES Groups of 5 McCulloch v. Maryland Gibbons v. Ogden Dred Scott v. Stanford Due process case- Plessy v. Ferguson Debs v United States Brown v. Board of Education Details of the case Background Ruling Reasons for ruling Write a newspaper article that reports on the effects of the ruling Or Draw a picture to explain the effects of the ruling

FUN FACTOID English common law- innocent until proven guilty Roman law- presumed guilty until proven innocent

SUPREME COURT “The Supreme Court is the last resort in all questions of federal law”; setting precedent its prestigious, but not everyone wanted the job of justice. Several of George Washington's nominations declined. 5 or less cases/year are original jurisdiction meaning… Jurisdiction Woman arrested for breaking a state law, claims due process (14 th amendment) violated, goes to supreme court. They cannot rule on breaking state law, only on if 14 th amendment rights were violated

SUPREME COURT Checks and balances Congress sets wage + can remove - impeachment for “treason, bribery or other high crimes, and misdemeanors.” No judge ever impeached by house (yes) + senate (no) Duties Court’s opinion assigned to one of the Justices who voted for it, oversee 12 circuit courts (3 justices have 2 districts) Disqualify from participating in case if they have personal or business connections

SUPREME COURT Law clerks- “read all the appeals filed with the Court and write memos summarizing he key issues in each case.” 1-2 years then distinguished career elsewhere Background of Justices: Lawyer/legal experience Around 50 years old “Justices have not been representative of the general population in social class, background, gender or race.” Is this beneficial or detrimental?

APPOINTING/ NOMINATIONS Presidents with strong support in Senate are more likely to have candidates approved. Whose Senate Majority leader now…what does that mean then?