1. Structure and Function of the American Judiciary

2. Overview  Constitutional Origins  Judicial Review  Marbury v. Madison  Judicial Review and Democracy  Organization of the U.S. Court System  Hierarchy  Jurisdiction

3. Constitutional Origins  Article III  Supreme Court  Office of the Chief Justice  Life Terms  Set Salaries  Cases the Court May or Must Hear  Congress’ Power to Create Courts

4. Origins of Judicial Review  Power of the judiciary to interpret and overturn actions taken by the legislative and executive branches  Marbury v. Madison (1803)  Lame duck Pres. John Adams (Federalist) appointed 42 people to federal judiciary, but 17 of the commissions were never delivered to appointees  Newly elected Thomas Jefferson (Anti-Federalist) refused to deliver the commissions  Judiciary Act of 1789- writ of mandamus  Ruling: portions of the Judiciary Act were unconstitutional- the authority of the Court to issue writs of mandamus to public officers is unconstitutional under original jurisdiction

5. Judicial Review and Democracy  Is Judicial Review undemocratic?  No accountability to the people  Judges are appointed  Serve for life  Judge the actions of elected officials  Checks and Balances  Protection of minority rights  Preservation of the rules of democratic process  Appointments must be confirmed

6. Organization of the U.S. Court System  Hierarchy (Judiciary Act of 1789)  Constitutional Courts- Article III  U.S. Supreme Court  U.S. Courts of Appeal (13 Courts)  U.S. District Courts (94 Courts)  Legislative Courts- Article I  U.S. Claims Court  Court of International Trade  U.S. Tax Court

7. Jurisdiction of Federal Courts Under Article III  The Constitution (e.g. Eighth Amendment or commerce clause)  Federal Statutes and Treaties (including disputes involving diplomats)  Admiralty and Maritime Issues  Disputes in which the U.S. Gov’t is a Party  Issues Changed by the 11th Amendment  Disputes Between the States  Disputes Between a State and a Citizen of Another State  Disputes Between a State (or Its Citizens) and Foreign States or Citizens

8. Jurisdiction of District Courts  94 District Courts  Original Jurisdiction  Use grand juries, petit (trial) juries, or a single judge  Civil cases from antitrust to commercial disputes between citizens of different states  Federal criminal charges

9. Jurisdiction of Courts of Appeal  12 geographic circuit courts  Plus the U.S. Court of Appeals  Usually a panel of 3 (sometimes 7) judges  Appellate jurisdiction only- No new evidence, or witnesses  Attorneys submit briefs and present oral arguments  Rulings accompanied by opinion of the court which become precedents  Stare decisis- “to stand by things already decided”

10. Jurisdiction of the Supreme Court  9 Justices  Original jurisdiction: disputes involving ambassadors, cases involving one or more states  Appellate jurisdiction: for cases from courts of appeals and from state supreme courts that deal with violations of federal law and/or the Constitution  Writ of certiorari- “cert”- requires 4/9 justices  Congress has the power to determine much of the appellate jurisdiction of the Supreme Court (e.g. limit on hearing Reconstruction cases, no longer requiring USSC to hear cases where state courts declare federal law unconstitutional)  But the contemporary Court has almost complete control of cases on its docket