1. Chapter 8 Section 1
Mr. Gordon

3. The American Court System
A Dual Court System
Constitution set up federal court system to clarify rulings between state courts and set national standard.
Authority of state and federal court systems from different sources: powers of state courts from state constitutions and state laws;
Authority of federal courts from Constitution and federal law
The American Court System

4. The American Court System
Jurisdiction
State courts have jurisdiction over state law; federal courts have jurisdiction over federal law.
Court that first hears a case has original jurisdiction; if appealed to another court, that court has appellate jurisdiction.
Federal courts have exclusive jurisdiction over matters involving U.S. Constitution
Cases involving residents of different states and sums above $75,000 fall under concurrent jurisdiction, both state and federal courts; plaintiff may file case in either state or federal court
The American Court System

6. Structure of the Federal Court System
The Constitution left much of the structure of the U.S. federal court system to the discretion of Congress.
Structure of the Federal Court System

7. Structure of the Federal Court System
Judiciary Act of 1789 Outlined three-tiered system of federal courts; has remained virtually the same since original proposal Supreme Court is at top; below are circuit courts, district courts
Structure of the Federal Court System

8. Structure of the Federal Court System
District Courts Each state must have one district court District courts have original jurisdiction over most federal cases
Structure of the Federal Court System

9. Structure of the Federal Court System {continued}
Courts of Appeals
Originally circuit courts, courts of appeals hear appeals from district courts and some federal agencies
12 circuits with a court of appeals in each circuit
Structure of the Federal Court System {continued}

10. Structure of the Federal Court System {continued}
The Supreme Court
Supreme Court is mainly an appellate court; has original jurisdiction over some cases as outlined in the Constitution
Court chooses which cases it hears; usually concern issues of constitutionality
Structure of the Federal Court System {continued}

11. Structure of the Federal Court System {continued}
Other Courts
Some other courts created by Congress, known as Article I courts, have limited jurisdiction
Structure of the Federal Court System {continued}

13. Appointing Federal Judges
Presidents usually consider four items when nominating a federal judge: legal expertise, party affiliation, judicial philosophy, and the opinions of the Senate.
Appointing Federal Judges

14. Appointing Federal Judges
Legal Expertise
Most judges have been lawyers
Party Affiliation
Presidents usually nominate judges from their political party
Appointing Federal Judges

15. Appointing Federal Judges
Judicial Philosophy
Presidents usually nominate judges with similar judicial philosophy
Judicial restraint: judges interpret Constitution based on Framers’ original intention
Judicial activism: meaning of Constitution should be adapted to meet modern needs
Most judges respect precedent
Appointing Federal Judges

17. Appointing Federal Judges {continued}
Opinions of the Senate
President consults senators before making judicial nominations
Tradition of senatorial courtesy: senator from same state as judicial nominee and same political party as president can block nomination to federal district court for almost any reason
Individual senators cannot block nominations to courts of appeals or Supreme Court
Appointing Federal Judges {continued}

19. Checks and Balances Judicial Review
Primary check the judicial branch performs on executive and legislative branches
Checks and Balances

20. Checks and Balances Checks on the Judiciary
Appointment process is check on judiciary by executive and legislative branches
Congress has power to impeach and remove judges from office
Amendment process is legislative check on the judiciary
Checks and Balances

21. Debating the Issue: Judicial Activism or Judicial Restraint?
Should judges be guided by a philosophy of judicial activism or judicial restraint?
The question of how much power the judiciary should have in interpreting the Constitution is not one that is likely to have a final answer anytime soon. Most judges declare their belief in judicial restraint. But the power of judicial review, the fundamental power of the judiciary, demands that judges be willing to overturn the acts of the legislative and executive branches—in other words, that they be judicial activists. The tension between judicial restraint and judicial activism is built in to the fabric of judicial decision-making.
Debating the Issue: Judicial Activism or Judicial Restraint?

23. "I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all."
Pledge of Allegiance

24. The Pledge of Allegiance has spawned several lawsuits in its history
The Pledge of Allegiance has spawned several lawsuits in its history. The pledge was written in 1892 by Francis Bellamy, a Baptist minister, for use in public schools. In 1942, Congress approved the Pledge with the following words: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all.”
Pledge of Allegiance

25. In 1954, Congress added the words “under God” after the words “one Nation.” Recent lawsuits have focused on those two words, arguing that they violate the Establishment Clause in the First Amendment of the Constitution. One case reached the Supreme Court in 2004, but was dismissed on a technicality. In 2005, a district court judge ruled that use in public schools of the Pledge with the words “under God” intact is a violation of the Establishment Clause. The controversy is likely to continue for the foreseeable future.
Pledge of Allegiance

26. Get your book open and turn to page 226.
You be the judge!