Introduction to US business law III. US Court System / Jurisdiction FS 2018 Prof. Dr. Andreas Kellerhals
Overview I. Repetition - Last week II. What left from previous session III. US Court System IV. US Supreme Court V. Federal Courts State Courts VI. Jurisdiction VII. Ex: Obama care 2
I. Repetition Last time > Problems with the Confederation > Congress in Philadelphia > Difficulties to draft new Constitution > No basic rights > Bill of rights > No changes of the constitution but amendments > So far only 27 > very difficult process 3
II. What left from previous session Amendments (I) > Amendments to the Constitution subsequent to the Bill of Rights cover a wide range of subjects. > One of the most far-reaching is the fourteenth, ratified in 1868, which establishes a clear and simple definition of citizenship and guarantees equal treatment under the law. > Other amendments have limited the judicial power of the national government; changed the method of electing the president; forbidden slavery; protected the right to vote; extended the congressional power to levy taxes to individual incomes; and instituted the direct election of U.S. senators. > The most recent amendments include the twenty-second, limiting the president to two terms in office. > The twenty-third, granting citizens of the District of Columbia the right to vote for the President and the Vice President; > The twenty-sixth, lowering the voting age to 18 4
II. What left from previous session Amendments (II) > Further Amendments: > 11: Lawsuits against states (1798) > 12: Election of the President and Vice-President (1804) > 13: Abolition of slavery (1865) > 14: Civil rights (1868) (important) > 15: Black suffrage (1870) > 16: Income taxes (1913) > 17: Direct election of senators (1913) > 18: Prohibition of liquor (1919)/ repealed by 21 Amendment > 19: Woman suffrage (1920) 5
II. What left from previous session Amendments (III) > Further Amendments: > 20: Terms of the President and Congress (1933) > 21: Repeal of prohibition (1933) > 22: Limitation of Presidents to 2 terms (1951) > 23: Suffrage in the District of Columbia (1961) > 24: Poll taxes (1964) > 25: Presidential disability and succession (1967) > 26: Suffrage for eighteen-year-olds (1971) > 27: Congressional salaries (1992) > Proposed 1789 6
II. What left from previous session Two Fundamental Principles (I) > The US constitution (1789) was a direct answer to dissatisfaction with the British colonial government > Therefore, directed toward limiting the powers of (federal) government rather than enhancing them > 2 fundemental principles > Federalism > Separation of powers 7
II. What left from previous session Two Fundamental Principles (II) > Federalism (I): > Limiting governmental power by fragmenting it > Enumerated powers > Art. 1 Section 8, 9 and 10 USC > State vs. Federal government > Balance of powers 8
II. What left from previous session Two Fundamental Principles (III) > Federalism (II): > CASES: > United States v. Lopez (514 U.S. 549 (1995)) > Alphonso Lopez was convicted under the federal Gun Free School Zones Act, which made it a federal crime to possess a gun within 1000 feet of a school. Lopez argued that the Act exceeded Congress's legislative power under the Commerce Clause. > The Supreme Court rejected the Gun Free School Zones Act. > United States v. Morrison (529 U.S. 598 (2000)) > The Supreme Court held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the 14 th Amendment. 9
II. What left from previous session Two Fundamental Principles (IV) > Separation of powers: > Separation of powers and checks and balances > Limiting the authority of each branch of Federal government to act without the concurrence of the others > 3 branches > Congress > President > Supreme Court (see Marbury v. Madison (5 U.S. (1 Cranch) 137 (1803)) > https://www.youtube.com/watch?v=t6k_bnukqt4 10
II. What left from previous session Two Fundamental Principles (V) 11
II. What left from previous session Two Fundamental Principles (VI) 12
II. What left from previous session Two Fundamental Principles (VII) 13
II. What left from previous session Congressional Powers > Art. 1, Section 8 USC > 18 clauses > Commerce clause (clause 3) > Wide (impact on interstate trade) > Dormant commerce clause (discrimination) > Necessary and proper clause (clause 18) > wide > Supremacy Clause (Art. VI, Section 2) > Art. VI, Section 2 USC 14
II. What left from previous session Powers of the President > Art. II USC > Commander in Chief > Treaty, Judges (Senate) > State of the Union > Etc. 15
II. What left from previous session Third Branch > Art. III USC > US Supreme Court and inferior courts > 12 Courts of Appeal > District Courts > Jurisdiction 16
III. US Court System 17
III. US Court System (II) How does US Court System work - https://www.youtube.com/watch?v=e9ylfthksky 18
IV. US Supreme Court (I) 19
IV. US Supreme Court (II) > How Supreme Court became supreme: > Marbury v. Madison (1803) > Facts: > Marbury got appointed by the outgoing Secretary of State John Marshall as justice of peace in DC > Republicans v. Federalists > The new secretary of State James Madison did not deliver the already signed and sealed document, based on a statutory act > Marbury applied directly to the Supreme Court as provided by the Judiciary Act of 1789 > Chief Justice was John Marshall (!) - Bad luck! 20
IV. US Supreme Court (III) > Other Cases: > U.S. v. Nixon (1974) > Criminal trial against Nixon aides > Tapes of White House conversations > Nixon: separation of powers > Court: no, Marbury v. Madison > No general immunity for Presidents > Court can decide what is needed > Balancing White House confidentiality v. evidence in a pending criminal trial 21
IV. US Supreme Court (IV) This is the first group photograph taken of the Justices, and includes Clerk of the Court D.W. Middleton (standing at left). March 1867 22
IV. US Supreme Court (VI) Front row, left to right: Associate Justice Ruth Bader Ginsburg, Associate Justice Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., Associate Justice Clarence Thomas, Associate Justice Stephen G. Breyer. Back row: Associate Justice Elena Kagan, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Neil M. Gorsuch. 2017 23
IV. US Supreme Court (VII) > The Justices! > Nine Justices make up the current Supreme Court: one Chief Justice and eight Associate Justices. > The Honorable John G. Roberts, Jr. is the 17th Chief Justice of the United States, and there have been 101 Associate Justices in the Court s history http://www.youtube.com/watch?v=wufl9-cwjt4 24
IV. US Supreme Court (VIII) > Antonin Scalia living Constitution? https://www.youtube.com/watch?v=dtre5xdlfxw https://thecitywidementalhealthproject.wordpress.com/2013/06/25/supre mes-gut-voting-rights-act-confirms-scalias-the-constitution-is-deadstatement/ 25
V. Federal Courts State Courts (I) > Why? > Who does what? > Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. (2016) > US Supreme Court held, that the jurisdictional test established by 27 of the Securities Exchange Act of 1934 is the same as 28 USC 1331's test for deciding if a case "arises under" a federal law. > Advantages/Disadvantages > What is a Judge doing? > How to become a Judge? 26
V. Federal Courts State Courts (II) Federal Courts 27
V. Federal Courts State Courts (III) > Courts with original jurisdiction over specific subject matter > US bankruptcy courts > US tax courts > US court of private land claims > US court of international trade > US court of federal claims > US foreign intelligence surveillance court > US alien terrorist removal court 28
VI. Jurisdiction > Federal Courts/State Courts > Personal jurisdiction > Territorial jurisdiction > Subject matter jurisdiction > Diversity jurisdiction > Conflicts > exclusive/concurrent > Where to sue/get sued? > forum shopping 29
VII. Obama care http://abcnews.go.com/wnt/video/supreme-court-justices-feelingsobamacare-16007065 30
Please come! > Wednesday, 16 May 2018 > 6 pm, 101 > Chief Judge Wood > 7th Circuit, Chicago > national judges, borderless problems 31
Next time > 21. March Civil Litigation 32