4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT

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Damian Douglas
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1 4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT

2 The Judicial Branch The judicial branch of the federal government consists of all federal courts. Article III of the Constitution established the U.S. Supreme Court and then gave Congress the authority to create lower federal courts as it saw fit.

3 The American Court Structure The U.S. has a dual court system. dual court One system of state and local courts and another system of federal courts.

4 The Judicial Branch The main source of power for the judicial branch is judicial review, yet that concept is not in the Constitution. The power of judicial review to determine whether acts of Congress or the president are constitutional was discussed at the constitutional convention and ultimately omitted (it is neither endorsed nor banned).

5 The Judicial Branch Judicial review is derived from the Supreme Court s ruling in Marbury v. Madison (1803). Chief Justice John Marshall (a leading Federalist) declared in the court s opinion that the judicial branch had the power and duty to say what the law is. The act of judicial review requires a court to interpret the meaning of the Constitution as it applies to a particular situation.

6 Eras in Supreme Court History

7 Eras and Issues Handled by the U.S. Supreme Court From the beginning, the Supreme Court of the United States (SCOTUS) has had an important role in shaping the policies and history of our country. There have been several eras during which a number of cases related to some issue have been decided and made a lasting impact.

8 Eras and Issues Handled by the U.S. Supreme Court From the 1780s until the 1860s, the Court decided important cases clarifying the powers of the national government and the state governments. McCulloch v. Maryland (1819) SCOTUS held that Congress has the implied powers derived from Article 1, Section 8 necessary & proper clause gave Congress ability to establish 2 nd national bank Dred Scott v. Sanford SCOTUS ruled that slaves were property, not citizens & had no right to sue in federal courts & state laws applied to Scott remaining a slave in Missouri

9 Eras and Issues Handled by the U.S. Supreme Court From the 1880s to the 1930s, the Court dealt with issues arising from rapid industrialization and economic growth taking place. These cases often dealt with conflicts between business and labor or between state and employer.

10 Eras and Issues Handled by the U.S. Supreme Court The Court during this period maintained a laissez-faire economic philosophy and frequently struck down laws regulating working conditions. The Court was activist in frequently overturning laws passed by democratically elected legislatures, but it was conservative in its beliefs. Examples: the Court struck down laws that were designed to protect the right to join a union and to prevent child labor.

11 Eras and Issues Handled by the U.S. Supreme Court When the New Deal first began, the Court continued striking down many of the laws as it had been doing. Part-way through the New Deal, the Court reversed itself partially pressured by FDR s court-packing scheme and began upholding regulations. From the 1930s to the present, the Court s most notable cases have mostly dealt with individual rights and discrimination against various groups.

12 Eras and Issues Handled by the U.S. Supreme Court In the modern era 1950s-1970s: Civil rights 1960s-1970s: Speech and religion; privacy; expanding rights for criminal defendants 1980s: Rulings that bolstered law enforcement 1990s present: Rulings restricting federal power, cases about abortion, affirmative action, gun control, and other controversial issues

13 Structure of Federal Court System

Structure of the Court System Federal State United States Supreme Court State Supreme Courts Unites States Courts of Appeals First Circuit through Eleventh Circuit D.C. Circuit Federal Circuit State Intermediate Appellate Courts U.

14 Structure of the Court System Federal State United States Supreme Court State Supreme Courts Unites States Courts of Appeals First Circuit through Eleventh Circuit D.C. Circuit Federal Circuit State Intermediate Appellate Courts U.S. District Courts (91) U.S. Claims Court U.S. Tax Court U.S. Bankruptcy Court Court of Int'l Trade State Trial Courts (limited and general jurisdiction)

15 Structure of the Federal Courts

16 Structure of the Federal Courts U.S. Supreme Court U.S. Courts of Appeals (12 Regional Circuit Courts plus the Federal Circuit) 94 U.S. District Courts Specialty Courts Administrative agency decisions

17 The Federal Court System The Federal Court System The United States has a dual 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.

18 The Federal Court System (cont.) The allocation of original vs. appellate jurisdiction in today s federal courts: District courts: 100% original Courts of Appeal: 100% appellate Supreme Court: ~ 99.9% appellate, ~0.1% original State court cases that raise federal questions they may be appealed to the U.S. Supreme Court. As previously noted, state court systems typically follow the same three-tiered structure as the federal system.

19 Federal Court - Levels United States Supreme Court United States Courts of Appeals United States District Courts

20 Structure of the Federal Courts There are 94 federal District Courts, which is where most federal cases begin. Arranged geographically; at least one within each state. But NOT connected with state government. Cases from those District Courts can be appealed up to the Court of Appeals in which they are located, and all decisions made by a Court of Appeals are binding on all of the District Courts in that circuit.

21 U.S. District Courts Sample name: United States District Court for the Middle District of Florida. Parties: Plaintiff (initiates action). Defendant (person being sued). One judge presides over the case. Case may be tried to a jury or may be a bench trial.

22 Structure of the Federal Courts There is one U.S. Supreme Court, which can hear appeals from the U.S. Courts of Appeals and from the state supreme courts (and a small percentage of cases that originate there). There are 13 Courts of Appeals States are divided into 11 geographic Circuits plus 1 for Washington, D.C. and 1 for the Federal Circuit. Courts of Appeals are sometimes called Circuit Courts.

23 Structure of the Federal Courts

24 U.S. Courts of Appeals Party who loses in district court has an AUTOMATIC right to an appeal. 13 U.S. Courts of Appeals. 12 are geographic. One is a specialty court (Federal Circuit). Sample name: United States Court of Appeals for the Eleventh Circuit ( Eleventh Circuit ).

25 U.S. Courts of Appeals Parties: Appellant Appellee Three judges ( the panel ) hear legal arguments only. No jury. No new evidence/no witnesses.

26 U.S. Courts of Appeals Types of relief: Affirms / Upholds = agrees with decision in trial court. Reverses / Overturn = disagrees with decision in trial court. Remands = sends back to trial court for further proceedings (probably with some instructions). What happens to the party who loses in the appellate court?

27 The United States Supreme Court Court of last resort in all questions of federal law and U.S. Constitution. The court may hear cases: Appealed from federal courts of appeal. Appealed directly from federal district courts. Appealed from the high court of a state, if claims under federal law or the Constitution are involved.

29 U. S. Supreme Court Highest court in the land Final court where a lower court case can be appealed Decisions of the USSC are final USSC is an appeals court no juries

30 Supreme Court Justices A member of the USSC is called a Justice 9 Justices on USSC (8 associate, 1 chief) Current Chief Justice is John Roberts (2005 by President George Bush 1967 Johnson appointed 1st African American to USSC Thurgood Marshall 1981 President Reagan appointed 1st woman to USSC Sandra Day O Connor

31 Supreme Court Justices There are currently 6 men and 3 women on USSC USSC Justices are appointed by President for life Must be approved by the Senate There are no set qualifications to be a USSC Justices Many have been lower court judges All have been lawyers

32 The United States Supreme Court The U.S. Supreme Court is composed of: A chief justice Eight associate justices Each member of the court is appointed for life by the president and affirmed by the Senate.

35 Appealing Cases to Higher Courts While SCOTUS is primarily an appeals court, it can review only a tiny fraction of the cases that it might review. Most cases are resolved at the trial (district) court level. Most criminal cases are resolved by plea bargain, so there is no trial and no appeal. Most criminal defendants who go to trial are convicted, but often the case is pretty open-and-shut, so there is little basis for appeal. If there is a trial and the defendant is found to be not guilty, the prosecution cannot appeal. Many civil cases are settled out-of-court before trial. But if a civil case goes to trial, the loosing party can usually appeal and often does so. Appeals from Federal District Courts to the Court of Appeals are fairly automatic if requested. But appeals from the (federal) Courts of Appeal or from state Supreme Courts to the SCOTUS are rarely automatic.

36 Operation of Federal Courts

37 Operation of the Federal Courts Before a case can even be heard by a court, it must be determined which court is the proper one to handle the case. That is a matter of jurisdiction the geographic and subject-matter limitations of which courts hear which cases. In addition to location, there are two basic types of jurisdiction: original and appellate.

38 Operation of the Federal Courts Original jurisdiction is when a court hears a case for the first time; courts with original jurisdiction are also known as trial courts because that is where trials take place. Appellate jurisdiction is when a court hears a case only after a lower court has made a ruling and the losing side appeals it. There are legal arguments, but no trial.

39 Operation of the Federal Courts District courts only have original jurisdiction. Courts of Appeals only have appellate jurisdiction. The Supreme Court has both original and appellate jurisdiction, but more than 95% of its cases come via appellate jurisdiction.

40 Federal Courts What kinds of cases can a federal court hear? The court must have jurisdiction: The power, right, and authority to interpret the law. Two types of federal-court jurisdiction: Federal-question jurisdiction. Diversity jurisdiction.

41 Federal Court Jurisdiction Jurisdiction the authority to hear and decide a case Times when a case goes to federal court and not to our state courts Most cases go to state court

42 Federal Court Jurisdiction Special situations: Cases involving the Constitution (i.e., freedom of speech) Cases involving breaking of federal laws (i.e., tax evasion, kidnapping, treason) Cases involving admiralty and maritime laws (i.e., jewels in the Titanic) Cases involving disagreement or dispute with the U. S. government (i.e., U. S. Army van hits your vehicle)

43 Federal Court Jurisdiction Cases involving disputes between states Cases involving disputes between citizens of different states Cases involving disputes between the U. S. government and a foreign government Cases involving U. S. Diplomats serving in a foreign country

44 Federal Question Jurisdiction Case involves: Federal statute or law. U.S. constitution. Examples: Johnson vs California Legitimacy of laws ( violent video games) Furman vs. Georgia

45 Diversity Jurisdiction Federal courts can hear questions of state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 (the amount in controversy requirement).

Chapter 6: The Judicial Branch

Chapter 6: The Judicial Branch Essential Question How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? p. 189 U.S. District