2.  Is the authority of the courts to hear certain cases  Under Constitution, federal courts have jurisdiction in cases regarding › Federal law › Treaties › Interpretation of the Constitution

3.  Original Jurisdiction: have authority to hear cases for 1 st time – lower courts › In federal system: district courts & S Court (in limited cases) › Where trials are conducted, evidence presented, juries determine outcome  Appellate jurisdiction: courts that hear reviews or appeals of decision in lower court › Court of Appeals & S Court  Concurrent jurisdiction: allows certain types of cases to be tried in either federal or state court

4.  Constitutional Court: federal courts created by Congress under Article III & S Court › Included: district courts, Court of Appeals, Court of Appeals for Federal Circuit, U.S. Court of International Trade  Congress has created legislative courts to hear cases arising from powers given to Congress under Article I › Have narrower range of authority than constitutional courts › (Territorial Courts, U.S. Tax Court, U.S. Court of Appeals for the Armed Forces)

5.  District Courts › Created under Judiciary Act of 1789 › Serve as trial courts at federal level › Every state has at least 1 district court  Currently 94 districts › Have original jurisdiction; do not hear appeals › Decide civil & criminal cases arising under the Constitution, federal laws, treaties › > 80% of all federal cases heard here

6.  Courts of Appeals › Created 1891 to lessen work load of S Court › Decide appeals from district courts & reviews decisions of federal administrative agencies › States divided into circuits, or geographic judicial districts  Washington DC  Federal Circuit – hears cases involving federal agencies  13 Courts of Appeals › Appellate jurisdiction only  May only review cases already decided by a lower court › Panel of judges

7.  Supreme Court › Only court actually created by Constitution › Highest court in federal judicial system › Final authority in dealing w/ questions from Constitution, federal laws, treaties › Original and appellate jurisdiction  Most cases are on appeal  Writ of certiorari grants – cases granted an appeal hearing from lower federal courts  Cases may come directly to S Court from:  State supreme courts  Federal law or Constitution is involved  Representatives of a foreign gov’t are involved  Certain types of cases were a state is a party

8. › Congress established current size of S Court at 9 in 1869  8 associates, 1 chief  All nominated by president & confirmed by Senate  Current members:  Chief: John Roberts (2005)  Associates: Ruth Bader Ginsburg (1993), Stephen Breyer (1994), Antonin Scalia (1986), Clarence Thomas (1991), Samuel Alito (2006), Anthony Kennedy (1988), Sonia Sotomayor (2009), Elena Kagen (2010)

9.  Federal judges appointed by president, confirmed by Senate  No formal qualifications  Serve “during good behavior” generally means life › To allow judges to be free from political pressures when deciding cases › May be removed through impeachment, conviction

10.  Lower Courts › Dept of State & White House staff handle these b/c of number of nominations › Senatorial courtesy: practice of allowing individual senators who represent state where district is located to approve or disapprove potential nominees  Traditionally used to make appointments to district courts  b/c Courts of Appeals cover several states, less senatorial influence & senatorial courtesy doesn’t play a role in nomination process

11.  Supreme Court › Higher visibility & importance demands greater attention from president to nomination of justices  Presidents only make an appointment if a vacancy occurs during their term › Things presidents consider when making appointments:  Party affiliation – choosing judges from own political party  From FDR to G. W. Bush (except Ford) – 90% of lower federal court judges came from own party  Judicial philosophy – appointing judges who share political ideology  Constitutional precedent, judicial activism, legal writings, past decisions

12.  Race, gender, religion, region – bring balance to the court or satisfy certain segments of society  Increasing number of minorities, women  Judicial experience – previous experiences as a judge in district, appeals, state courts  “litmus test” – ideological purity toward liberal or conservative stand on certain issues (i.e. abortion)  Acceptability – noncontroversial & therefore acceptable to members of the Senate Judiciary Committee & the Senate  American Bar Association – largest national organization of attorneys are often consulted by presidents, rates nominees’ qualifications  Interest groups – support/oppose nominee based on his/her position on issues of importance to interest group; use lobbyists  Justices – endorsements from members of S Court

13. › Contested S Court appointments  1987: Reagan nominated Robert Bork, the assistant attorney general when Nixon fired Attorney General Elliot Richardson for not firing Archibald Cox, the special prosecutor hired to investigate Watergate  Bork did fire Cox  Bork conservative jurist & believed in judicial restraint  But his involvement in Watergate and some of his views about minorities and affirmative action led to rejection by Senate  Being “Borked” – appointee who does not get approved by Senate b/c of ideological reason

14.  1991: G. H. W. Bush nominated Clarence Thomas  Anita Hill accused Thomas of sexual harassment  Confirmation brought conflict between president’s constitutional authority to nominate person he feels best qualified  Narrowly confirmed 52-48  2005: Sandra Day O’Connor retired, G. W. Bush appointed John Roberts  Roberts very experienced – had clerked for Rehnquist, served on the DC Circuit Court, argued cases before the S Court  but then Rehnquist died, so Bush changed appointment to be the Chief Justice  Roberts described himself as “strict constructionist”  Became youngest Chief Justice since John Marshall