1. [ 7.1 ] The National Judiciary

2. Article III: Established the Supreme Court
Section I establishes the Supreme Court and gives Congress the authority to establish other courts as they see fit.
Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction
Section III defines treason, and mandates that at least two witnesses appear in such cases.

3. The Courts and Democracy
In Puritan towns, punishment often included public shaming, such as being placed in the pillory. Corrupt leaders throughout history have used the legal system to exert control over the people.

4. Creation of a National Judiciary
During the years the Articles of Confederation were in force (1781–1789), there were no national courts and no national judiciary. The laws of the United States were interpreted and applied as each State saw fit, and sometimes not at all. Disputes between States and between persons who lived in different States were decided, if at all, by the courts in one of the States involved. Often, decisions by the courts in one State were ignored by courts in the other States.

5. A Dual Court System State Courts Hear most of the country’s cases
Hear civil and criminal cases about state laws and state constitutions
Cases not under federal jurisdiction
Federal Courts
Interprets and applies the constitution, federal laws and treaties
Cases that arise on the high seas
Cases that involve certain parties

6. Constitutional Courts- courts formed under Art. III
Creation of a National Judiciary
Constitutional Courts- courts formed under Art. III
Court of Appeals, District Courts, and Court of Int’l Trade
Special (Legislative) Courts- hear cases arises out of Congress’s expressed powers
US Court of Armed Forces, US Court of Appeals for Vet Claims, US Tax Court, territorial courts

7. Creation of a National Judiciary
Alexander Hamilton favored a federal judiciary with the power to settle State disputes and override State laws. He advocated a strong federal court system in several of his Federalist essays.

8. Creation of a National Judiciary

9. Subject Matter- must be… Federal question Maritime law Parties
Jurisdiction in the Federal Court System
Subject Matter- must be…
Federal question
Maritime law
Parties
US or one of it’s officers
Foreign ambassador
State
Resident of another State
Foreign government

10. Jurisdiction in the Federal Court System
A ship capsizes, sending its cargo into the sea. Problems caused by accidents, such as oil spills and the recovery of goods and wreckage, fall under the federal umbrella of admiralty law.

11. Federal Court Jurisdiction (District courts)
Exclusive Jurisdiction:
Cases that involve:
U.S. law
Ambassadors or reps. from foreign nations
Two or more state govts.
Citizens of different states
Bankruptcy

12. Concurrent Jurisdiction
When cases overlap between state and federal courts
Ex: citizens of different states in which the dispute concerns at least $50,000

13. Original Jurisdiction
Trial Court: court in which a case is originally tried (aka district courts)
Has original jurisdiction only

14. Appellate Jurisdiction
This is when a person loses at the trial level and decides to appeal their case to a higher court

15. Types of Jurisdiction
Dueling smartphones represent a lawsuit filed against Samsung Group by Apple Inc. in a California federal court. Since the suit alleged patent infringement, it had to be tried in federal court.

16. Types of Jurisdiction

17. Federal Judges and Court Officers
Terms of Judges
Salaries and Duties of Federal Judges
Other Federal Judges and Appointments

18. President’s most lasting legacy
Judges are usually appointed for life
Senatorial courtesy- Right of home state senator to reject
Presidents will pick judges that:
share his ideology
partisanship
competent and high ethical behavior
held high administrative or judicial positions

19. Outside Influence on Selection
Interest Groups
Media/Advertisement
Campaign Contributions to Senators or White House
Mail-ins
OP/ED pieces
Lobbying Senate, Senate Judiciary Committee, White House
Protests
Ratings

20. Restraintism vs. Activism
Subordination of precedents and statutes
Deference to personal attitudes, values, and goals
Based on the idea that judges make laws
Interpretation solves problems not considered or addressed by the legislature
“The question comes up, and you decide it.” – you don’t wait for the legislature
Decisions strongly predictable from the individual attitudes
Follow precedents
Strict construction to the constitution
Deference to legislative “intent”
Restraintist judges stick closely to the constitution and are averse to interpreting the Constitution as how it “ought to be”
Decisions are strongly predictable as they must be in line with the literal Constitution
These judges also show great divergence in their votes from their political values, as they feel their values should not interpret the constitution.

21. Federal Judges and Court Officers
In 2009, President Barack Obama nominated Sonia Sotomayor to serve as an associate justice of the Supreme Court.

22. Federal Judges and Court Officers

23. A. they wanted to be able to appoint their friends.
Quiz: The Courts and Democracy
The Framers stipulated that federal judges should be appointed, rather than elected, and serve for life because
A. they wanted to be able to appoint their friends.
B. they did not think people were knowledgeable enough to vote for judges.
C. they felt public pressure to do so.
D. they wanted judges to be able to make decisions based on their best judgment.

24. Quiz: Creation of a National Judiciary
Which court does Article III, Section 1 of the Constitution specifically name?
A. inferior court
B. State court
C. Supreme Court
D. district court

25. A. original jurisdiction B. appellate jurisdiction
Quiz: Types of Jurisdiction
What kind of jurisdiction allows either a State or a federal court to hear a case?
A. original jurisdiction
B. appellate jurisdiction
C. exclusive jurisdiction
D. concurrent jurisdiction