1. [ 7.1 ] The National Judiciary

2. [ 7.1 ] The National Judiciary
Learning Objectives
Explain why the Constitution created a national judiciary, and analyze its structure and functions.
Identify the criteria that determine whether a case is within the jurisdiction of a federal court, and compare the types of jurisdiction.
Outline the process for appointing federal judges, and list their terms of office.
Understand the impact of judicial philosophy, and analyze issues raised by judicial activism and judicial restraint.
Examine the roles of court officers.

3. [ 7.1 ] The National Judiciary
Key Terms
inferior courts
Jurisdiction
concurrent jurisdiction,
plaintiff
defendant
original jurisdiction
appellate jurisdiction
Sandra Day O’Connor
Ruth Bader Ginsburg
Sonia Sotomayor
Elena Kagan
Thurgood Marshall
Clarence Thomas
judicial restraint
precedent
judicial activism
District of Columbia

4. The Courts and Democracy
As the ideas of self-government and fundamental civil liberties began to emerge in colonial America, colonists cast a critical eye on the courts. Corrupt, tyrannical leaders throughout history had used many tactics to maintain control, including exerting undue influence on the legal process. Those who acted against these rulers would be arrested and jailed without a trial, for example, quite often without ever being charged with a crime. Even for those lucky enough to stand before the court, a guilty verdict was inevitable. By controlling the court system, corrupt leaders could control the people.

5. 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.

6. 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.

7. A Dual Court System: Federal Courts and State Courts
Creation of a National Judiciary
A Dual Court System: Federal Courts and State Courts
The First Type of Federal Court: Constitutional Courts
The Second Type of Federal Court: Special Court

8. 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.

9. Creation of a National Judiciary
The Constitution creates the Supreme Court and gives Congress the power to create 'inferior courts.' Analyze Information What is the difference between constitutional and special courts?

10. Jurisdiction in the Federal Court System
The constitutional courts hear most of the cases tried in the federal courts. That is to say, those courts have jurisdiction over most federal cases. Jurisdiction is defined as the authority of a court to hear (to try and to decide) a case. The term means, literally, the power “to say the law.”

11. Jurisdiction in the Federal Court System
Subject Matter
Parties

12. 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.

13. Types of Jurisdiction
Still more must be said on this quite complex matter of federal court jurisdiction. The federal courts exercise both exclusive and concurrent jurisdiction and, also, original and appellate jurisdiction.

14. Exclusive Jurisdiction Concurrent Jurisdiction
Types of Jurisdiction
Exclusive Jurisdiction
Concurrent Jurisdiction
Original and Appellate Jurisdiction

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
Two separate court systems, federal and State, hear cases in the United States. Analyze Information What does this infographic tell you about the jurisdictions of these two court systems?

17. Federal Judges and Court Officers
The manner in which federal judges are chosen, the terms for which they serve, and even the salaries they are paid are vital parts of the Constitution’s design of an independent judicial branch.

18. Federal Judges and Court Officers
Selection of Judges
Influences on the Selection of Judges
History Concerning Judgeships
The Judicial Philosophy of Judicial Restraint
The Judicial Philosophy of Judicial Activism
Terms of Judges
Salaries and Duties of Federal Judges
Other Federal Judges and Appointments

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

20. Federal Judges and Court Officers
The Court has exercised both judicial activism and judicial restraint over the years. Contrast Why is the McCulloch case considered an example of activism and the Luther case one of restraint?

21. 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.

22. 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

23. If the U.S. Army were sued, the case would be heard by
Quiz: Jurisdiction in the Federal Court System
If the U.S. Army were sued, the case would be heard by
A. a federal court.
B. a State court.
C. a military court.
D. a civilian court.

24. 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

25. Quiz: Federal Judges and Court Officers
Today, most Supreme Court justices come from
A. the U.S. Senate.
B. the U.S. House of Representatives.
C. the State courts.
D. the courts of appeals.