1. The Federal Courts

3. Article III
Section I gave Congress the authority to establish other courts as it saw 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.

4. Origins of Judicial Branch
Developed around British system of Common Law
Based on Precedence
Practice of deciding new cases with reference to former decisions
Stare Decisis
“let the decision stand”
Leaving the decision based on an earlier, similar case the same

5. The Nature of the Judicial System
Participants in the Judicial System
Litigants
Plaintiff - the party bringing the charge
Defendant - the party being charged
Jury - the people (normally 12) who often decide the outcome of a case
Standing to sue - plaintiffs have a serious interest in the case.

6. The Federal Court System
Constitutional courts
Federal courts specifically created by the U.S. Constitution or Congress pursuant to its authority in Article III
Legislative courts
Courts established by Congress for specialized purposes, such as the Court of Military Appeals

7. The Judiciary Act of 1789
Established the basic three-tiered structure of the federal court system
Supreme Court: 1
Circuit Court: 13 (appellate court)
District courts: 94 (trial courts)

9. District Courts At least one in each state, DC, and Puerto Rico
Trial courts with original jurisdiction
No appeals, only federal courts in which trials are held and juries may sit
Jurisdiction includes federal crimes, civil suits under federal law, and civil suits between citizens of different states where the amount exceeds 75,000

10. Courts of Appeals Appellate jurisdiction only
Most cases come from district courts
Normally hear cases in a panel of judges and therefore decisions are made by majority vote

12. Supreme Court Number of justices began at 6 and is now set at 9 (1869)
1 Chief Justice of Supreme Court Justices
8 Associate Supreme Court Justices
Begin session in Oct.

13. How Federal Court Judges Are Selected
Often a very political process
Judges nominated by president and confirmed by Senate
Can reflect the ideological stamp of the president – 90%
Senatorial Courtesy
ONLY IN LOWER COURTS!!!

14. The Politics of Judicial Selection
The Lower Courts
Senatorial Courtesy:
Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination.
Has the effect of the president approving the Senate’s choice

15. Appointments to the U.S. Supreme Court
Nomination Criteria
Ideology or Policy Preference—90%
Litmus Test

16. Supreme Court Caseload, 1950-2004 Terms

17. How a Case Survives the Process by the Supreme Court
Characteristics of the cases the Court accepts:
Most cases come by writ of certiorari
The federal government is the party asking for review.
Solicitor General
The case involves conflict among circuit courts.
The case presents a civil rights or civil liberties question.
The case involves ideological and/or policy preferences of the justices.
The case has significant social or political interest, as evidenced by the presence of interest group amicus curiae briefs.

18. Hearing and Deciding a Case
Briefs
Oral arguments
The Conference and the vote
The opinion
4 Types

19. The Courts and the Policy Agenda
A Historical Review
Marshall Court ( )
The “Nine Old Men” – switch in time and the New Deal
The Warren Court – Liberal Activist –
The Burger Court –
The Rehnquist Court –
The Roberts Court??? – 2005-

20. Judicial Policy Making and Implementation
More than one hundred federal laws have been declared unconstitutional.
Ability to overrule itself
Judicial Implementation:
Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.

21. Understanding the Courts
The Courts and Democracy
Courts are not very democratic
Not elected
Difficult to remove
The courts do reflect popular majorities
Groups are likely to use the courts when other methods fail – promoting pluralism
There are still conflicting rulings leading to deadlock and inconsistency

22. Understanding the Courts
What Courts Should Do: The Scope of Judicial Power
Judicial restraint: judges should play a minimal policymaking role - leave the policies to the legislative branch. Which party supports this?
Judicial activism: judges should make bold policy decisions and even charting new constitutional ground. Which party/group supports this?
Political questions: means of the federal courts to avoid deciding some cases.

23. Limits on Judicial Branch
Congress has the authority to alter the court’s structure & jurisdiction.
Congress can propose constitutional amendments that, if ratified, can effectively reverse judicial decisions.
Congress can impeach and remove federal judges.
President (with advise and consent of Senate) appoints federal judges.

24. The End