2. Section 1 at a Glance The Federal Court System
The Judiciary Act of 1789 organized the federal courts into three tiers.
TODAY THESE TIERS CONSIST OF THE DISTRICT COURTS, THE COURTS OF APPEALS, AND THE SUPREME COURT.
THROUGH ITS POWERS OF JUDICIAL REVIEW, THE JUDICIAL BRANCH PLAYS A CRITICAL ROLE IN THE SYSTEM OF CHECKS AND BALANCES.

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

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

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.
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
Judiciary Act of 1789
Each state must have one district court
District courts have original jurisdiction over most federal cases
District Courts

7. Structure of the Federal Court System (cont’d.)
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
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
Other Courts
Some other courts created by Congress, known as Article I courts, have limited jurisdiction

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

11. Choosing Supreme Court Justices
Choosing a Nominee
Constitution: no formal requirements for Supreme Court justices; most justices have served in government, had legal background
Presidents typically nominate individuals from same political party who share their judicial philosophy
Presidents first gauge Senate support or opposition for nominee
Confirmation Hearings
Confirmation process: Senate Judiciary Committee questions nominee; nominees hesitant to share opinions on controversial issues
After hearing, committee votes on nomination; full Senate vote usually matches committee’s; most nominees are confirmed

12. What are the three tiers of the federal court system?
Summarizing
What are the three tiers of the federal court system?
Answer(s): the district courts, the courts of appeals, and the Supreme Court

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.
Most judges have been lawyers
Party Affiliation
Presidents usually nominate judges from their political party
Legal Expertise
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
Judicial Philosophy

14. Appointing Federal Judges (cont’d.)
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

16. Drawing Conclusions
How does the appointment process ensure that voters have some input on the selection of judges and justices?
Answer(s): Nominations are made by the president and nominees must be approved by the Senate; both president and senators are subject to popular election.

17. What is the judiciary’s primary check on the other two branches?
Summarizing
What is the judiciary’s primary check on the other two branches?
Answer(s): judicial review

18. 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.

19. Debating the Issue

20. Section 2 at a Glance Lower Federal Courts
The courts in the 94 federal judicial districts have original jurisdiction over most federal and civil cases. They handle more than 300,000 cases a year.
The 12 federal courts of appeals have appellate jurisdiction only.
Under its Article I powers, Congress has established a number of specialized lower courts to hear cases of limited subject-matter jurisdiction.

21. Lower Federal Courts Main Idea Reading Focus
Congress has created a system of lower courts for the federal judicial system. Each court has a specific role to play in the judicial branch.
Reading Focus
What are the roles, jurisdiction, and officers of the federal district courts?
What are the roles, jurisdiction, and procedures of the federal courts of appeals?
What are the functions of some of the other federal courts?

22. The Importance of the Lower Federal Courts

24. Federal District Courts
The 94 federal court districts handle more than 300,000 cases per year.
Constitution mandates cases involving foreign governments, residents of different states be handled in district court
Federal violations: from violation of employment laws to handled in district courts
Panels of citizens called grand juries hear evidence in serious criminal cases.
District courts have separate bankruptcy court
The Jurisdiction of District Courts
Judge is court’s highest official; judges instruct juries about law, make sure proper trial procedures are followed
Magistrate judges oversee early hearings in criminal trials, also hear civil cases or minor criminal cases called misdemeanors
Clerks of the court handle non-judicial tasks, maintaining records
Court Officials

25. Federal District Courts (cont’d.) Other Courtroom Officials
Each federal court district has a U.S. attorney to represent the U.S. government.
U.S. attorneys prosecute individuals charged with federal crimes.
Public defenders are lawyers appointed by court to represent defendants who lack money to hire their own.
U.S. marshals provide security and police protection at federal courthouses.

27. Identifying Supporting Details
Aside from district court judges, who are some of the other officials who make up a district court?
Answer(s): magistrate judges, clerks of court, U.S. attorneys, public defenders, U.S. marshals

28. Federal Courts of Appeals
Purpose of the Courts of Appeals
Appeals courts: middle tier in hierarchy of federal court system
Hear cases on appeal from district courts within their circuit
Few appeals succeed
Appeals Court Procedure
Most appeals heard by panel of judges, reviews court record and reads briefs; appeals courts rely on facts of original case, do not retry
Burden of proof lies with appellant; cases mostly overturned only when improper procedure was followed
Appeals Court Ruling
Court’s ruling usually stands; occasionally reviewed by larger panel of judges or returned to district court for more hearings
The Federal Circuit
Court of Appeals for Federal Circuit has nationwide appellate jurisdiction: cases dealing with patents, trademarks, government contracts, international trade

30. What is the path by which a case travels through a court of appeals?
Sequencing
What is the path by which a case travels through a court of appeals?
Answer(s): The appellant shows that the original ruling was based on a legal mistake. A panel of judges reviews the trial court record and reads briefs submitted by both sides and may hear oral arguments. The government’s side is then presented. The court makes its ruling, which is usually the final word. The case may be sent back to district court, or it may undergo review by the U.S. Supreme Court.

31. Other Federal Courts U.S. Court of International Trade U.S. Tax Court
Hears cases involving laws and rules of international trade
U.S. Tax Court
Hears cases involving federal tax disputes
U.S. Court of Appeals for Veterans Claims
Hears cases involving disputes over veterans’ benefits
U.S. Court of Federal Claims
Hears cases involving claims over $10,000 owed by U.S. government.
United States has sovereign immunity
In some circumstances the government can be sued

33. Other Federal Courts (cont’d.)
U.S. Court of Appeals for the Armed Forces
Hears cases involving appeals from courts-martial, or military courts
National Security Courts
Foreign Intelligence Surveillance Court reviews requests to spy on “agents of a foreign power” in U.S.
Alien Terrorist Removal Court reviews requests to remove suspected terrorists from U.S.
Military Commissions
Outside normal judicial system, rulings may be challenged in federal court
Washington, D.C., and Territorial Courts
Congress created trial and appellate courts in locations outside federal system

34. What are some of the reasons why Congress created additional courts?
Summarizing
What are some of the reasons why Congress created additional courts?
Answer(s): to hear particular types of cases over very limited jurisdiction; to hear cases in the District of Columbia and U.S. territories

35. Section 3 at a Glance The Supreme Court
The importance of the Supreme Court has grown since the Court’s early days. As it gained in stature, the Court also tended to experience political shifts mirroring those in society at large.
Supreme Court justices are nominated by the president and must undergo a lengthy Senate confirmation process.
The Supreme Court meets from October to June or July, studying briefs, hearing oral arguments, discussing cases in conference, and issuing opinions on about 100 cases a year.

36. The Supreme Court Main Idea Reading Focus
The Supreme Court is the highest court in the nation and the most important component of the judicial branch. It serves as the final word on questions of federal law and the Constitution.
Reading Focus
What are some of the highlights of Supreme Court history?
How are Supreme Court justices chosen?
What are the typical procedures of the Supreme Court?

37. Interpreters of the Constitution

38. Highlights of Supreme Court History
Early Visions
Constitution does not explicitly define roles or structure of Supreme Court
Hamilton’s writings in The Federalist explained critical role of Supreme Court in providing checks on executive and legislative branches
The Marshall Court
Chief Justice John Marshall established that courts have power of judicial review.
Marshall led Supreme Court for more than 30 years; Court decisions expanded power of federal government, helped shape U.S. economy
Dred Scott
Supreme Court sided against Scott, held he was still a slave
Court ruled: Congress did not have power to outlaw slavery in territories; therefore Missouri Compromise unconstitutional
Court’s decision in Scott increased tensions leading up to Civil War

40. From Reconstruction to Plessy
Economic regulation and civil rights dominated Supreme Court
Court’s narrow interpretation of 13th, 14th, 15th Amendments left to states protection of newly freed African Americans’ civil rights
Court made much regulation of economy unconstitutional
The Court and the New Deal
Court continued to quash efforts at economic regulation
Court found many New Deal programs unconstitutional, eventually deferred to Congress regarding economic measures
Court became more liberal during Roosevelt’s time in office
From the 1950s to the Present
Court under Chief Justice Earl Warren was considered activist
Achieved many civil rights victories, including landmark Brown decision mandating desegregation of public schools
Today Court is more conservative

42. Making Generalizations
How has the Supreme Court been shaped by politics?
Answer(s): Supreme Court justices are appointed by presidents, who usually make appointments according to their own political leanings.

43. Landmark Supreme Court Cases Plessy v. Ferguson (1896)
Why It Matters:
In Plessy v. Ferguson, the Supreme Court examined a Louisiana state law requiring racial segregation on public transportation and determined whether it violated the equal protection clause of the Fourteenth Amendment.

46. What is the process a nominee undergoes to join the Supreme Court?
Sequencing
What is the process a nominee undergoes to join the Supreme Court?
Answer(s): The president chooses a nominee. The Senate Judiciary Committee holds hearings and votes on the nomination. The full Senate may debate the nomination before voting to confirm or reject the nominee.

47. Supreme Court Procedures
The Term Begins
Court session from October until June or July
Justices work in two-week blocks, first hearing arguments from lawyers and then ruling on cases presented
Each justice has four law clerks as assistants
Selecting Cases
Court usually chooses which cases it hears; most cases come from federal court of appeals; others from high state courts or are cases of Supreme Court’s original jurisdiction
If Court grants appellant a writ of certiorari, it agrees to hear the case; if denied, lower court’s ruling stands
If case is on Court’s docket, usually it deals with important issue of constitutional or federal law

49. Supreme Court Procedures (cont’d.)
Briefs and Oral Arguments
Justices first study briefs, then hear oral arguments; lawyers usually have 30 minutes to present their side of a case
Opinions
Chief justice leads discussion of case in private; Court issues formal, written opinion exploring issues, precedents, reasoning behind majority opinion
Concurring opinions sometimes accompany majority opinion; justices who disagree with majority opinion may issue dissenting opinion
Court Orders
Supreme Court gives plenary review to about 100 cases per term
Where Court does not fully review a case, it may issue court order directing lower court to reconsider

51. Identifying Supporting Details
What are the three main stages that cases before the Supreme Court typically must go through?
Answer(s): for a case to come on appeal from a federal court of appeals, or through the highest state courts; the Court then decides which cases to hear

52. We the People: The Citizen and the Constitution
The Supreme Court and the System of Checks and Balances
Because its members do not stand for election, the Supreme Court is considered the least democratic of the three branches of government. What is the source of its power, and how does the Constitution place checks on that power?
What is judicial review?
What checks exist on the power of the Supreme Court?