Political Science 417. Judicial Structure. Article III. Judicial Structure January 22, Structural "Imperatives" ("subcultures") Legal Imperative

Transcription

1 Political Science 417 Judicial Structure Structural "Imperatives" ("subcultures") Legal Imperative Democratic Imperative Administrative Imperative Article III SECTION 1 The judicial Power of the Unites States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. SECTION 2 The judicial Power shall extend to all Cases in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as tolaw and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. 1

2 Other Key Constitutional Provisions Article 1 [Congress], Section 8: To constitute Tribunals inferior to the supreme Court; Article II [President], Section 2: He [the President] shall have power, by and with the advice and consent of the Senate, to make Treaties, provided two thirds of the Senators present concur, and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Judges of the supreme Court, and all other Officers of the United States Article VI [ Supremacy Clause ]: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made or which shall be made, under Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Amendment XI: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or subjects of any Foreign State. Key Points Regarding Constitutional Provisions Only Supreme Court mentioned in Constitution Size of Supreme Court left to the discretion of Congress "Inferior" (lower) courts left up to Congress Nothing about procedure (except for a requirement that criminal trials take place in the state where the offense was committed) Original vs. appellate jurisdiction No jurisdiction is exclusive and hence all federal jurisdiction may be concurrent jurisdictions CONSTITUTIONAL COURTS Article III Courts Supreme Court District Court Court of Appeals Court of International Trade Court of Appeals for the Federal Circuit 2

3 LEGISLATIVE COURTS Article I Courts Tax Court Bankruptcy Court Court of Appeals for the Armed Services Court of Federal Claims Court of Veterans Appeals Territorial & Local DC Courts Foreign Intelligence Surveillance Court Foreign Intelligence Surveillance Court of Review U.S. Alien Terrorist Removal Court (1996) Administrative tribunals (technically not courts) Constitutional Silence Nothing about qualifications Mentions a selection process only for Supreme Court justices. all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall by established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts, or in the Heads of Departments. Discipline/removal impeachment can't cut salary No mention of "Judicial Review" Federalist Papers No. 78: The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by judges as, a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. Jurisdiction of Federal Courts cases & controversies Concept of Standing No Advisory Opinions federal question "arising under this constitution" "laws of United States" treaties federal government a party ambassadors & ministers between states diversity of citizenship 3

4 Supreme Court s Jurisdiction original jurisdiction ambassadors & states concurrent with lower courts appellate jurisdiction everything else regulation of USSC's appellate jurisdiction under exceptions and under such regulations as the Congress shall make" Ex Parte McCardle (1869) U.S. v Klein (1872) Dual Court System Concept of "sovereignty" Interaction of Federal and State Systems constitutional diversity of citizenship habeas corpus proceedings Federal question jurisdiction in state courts until 1875 Went to federal court only if there was diversity of citizenship among the parties Elements of Federal Court System Three levels trial appellate constitutional, or last resort Types of Courts general jurisdiction limited jurisdiction specialized jurisdiction Other judicial bodies administrative bodies disciplinary bodies legislative "oversight" committees executive agencies 4

5 Federal Appellate Courts United States Supreme Court Appellate Courts Courts of Appeals Court of Appeals for the Federal Circuit Court of Appeals for the Armed Services Court of Veterans Appeals Foreign Intelligence Surveillance Court of Review DC (local) Court of Appeals Federal Trial Courts District Courts Federal Magistrate Judges Bankruptcy Court Court of International Trade Court of Federal Claims Territorial courts DC superior court U.S. Tax court Foreign Intelligence Surveillance Court U.S. Alien Terrorist Removal Court Military Courts (Court Martial) Removal Court Geographic Organization: Federal Circuits & Districts 5

6 Quasi-Courts Administrative Tribunals National Labor Relations Board Social Security Appeals Tribunal Includes internal appeals board Asylum and Immigration Tribunal Board of Immigration Appeals Federal Communications Commission Federal Maritime Commission And many others. Other Parts of the Federal Judiciary Judicial Conference of United States Circuit Conferences & Circuit Council Administrative Office of the U.S. Courts Federal Judicial Center U.S. Probation Service U.S. Sentencing Commission External Court-Related Agencies Department of Justice "Main" Justice U.S. Attorneys Judiciary Committees of Congress 6

7 State Court Systems More detailed constitutional specifications Alternative selection mechanisms Some have no intermediate appellate courts Some have specialized courts for criminal appeals Varying degrees of complexity unified court system Multiple levels of trial courts General jurisdiction Limited jurisdiction 7