Chapter 11---The Federal Court System

Chapter 11---The Federal Court System I. Powers of the Federal Courts: A. Introduction 1. Supreme Court played a small role until Chief Justice John Marshall was appointed in 1801. He helped to increase the power of the Court. 2. Today the judicial branch is well established as an equal with the legislative & executive branches.

B. Jurisdiction of the Courts 1. Each of the 50 states has its own system of courts.—Their powers come from state constitutions & laws. 2. The federal court system is consists of the Supreme Court & lower federal courts. Federal Courts get their powers from the U.S. Constitution & federal laws. 3. Jurisdiction—the authority to hear certain cases. a. State Courts—have jurisdiction over cases involving state laws. b. Federal Courts—have jurisdiction over cases involving: 1. federal laws 2. treaties with foreign nations 3. Constitutional interpretations 4. bankruptcy 5. Maritime law 4. Federal Courts also have jurisdiction if certain parties or persons are involved: a. Ambassadors & representatives of foreign governments b. Two or more state governments c. The United States government or one of its offices or agencies d. Citizens who are residents of more than one state e. Citizens that are residents of the same state but claim land grants in other states

5. Concurrent Jurisdiction—Both federal & state courts have authority. a. Ex: case involving citizens of different states in a dispute concerning more than $75,000 may be tried in either a state or federal court---***However, the case must be tried in a federal court if the person suing insists.

6. Original & Appellate Jurisdiction a. Original Jurisdiction—the authority of a trial court to be first to hear a case. 1. Ex: Federal court system—the district courts as well as several other lower courts have only original jurisdiction b. Appellate Jurisdiction—authority held by a court to hear a case that is appealed from a lower court 1. Ex; Federal Court System—Court of Appeals & U.S. Supreme Court

C. Developing Supreme Court Power 1. The following principles of the Supreme Court have developed from custom, usage, & history. a. Neither the Supreme Court Justices nor any federal court judge can initiate action 1. Litigants—people engaged in a lawsuit must bring suit to them.

b. Federal courts will only determine cases. They do not answer a legal questions, regardless how important the question or who asks it.

c. Judicial Review—power of the Supreme Court to declare laws & actions of local, state, & national governments unconstitutional. 1. Marbury v. Madison (1803)

d. The Supreme Court expanded its power to review State laws 1. Fletcher v. Peck (1810) 2. Dartmouth College v. Woodward (1819)

e. Supreme Court rulings expanded the power of the federal government at the expense of the states 1. McCulloch v. Maryland (1819) 2. Gibbons v. Ogden (1824)

f. Supported states’ rights on the issue of slavery & damaged the court. 1. Dred Scott v Sandford (1857)—Congress powerless to stop the spread of slavery.

D. Due Process 1. Due Process Clause of the 14th Amendment—states that no state may deprive a person of life, liberty, or property without due process of law

2. The following cases are important rulings related to the Civil War Amendments: a. Slaughterhouse Cases—Louisiana had granted a monopoly on the slaughtering business to one company. Competing butchers claimed that this grant denied them the right to practice their trade. They claimed that the 14th Amendment guaranteed the privileges & immunities of U.S. citizenship, equal protection of the laws, & due process. 1. 1873—Supreme Court ruled for the State of Louisiana. It explained that the amendment only protected the rights & privileges of federal, not state, citizenship.

b. Plessy v. Ferguson (1896)— court established the “separate but equal” doctrine 1. If facilities are equal for both races, the facilities can be separate or segregated. c. The Court and Business 1. 1870s—Granger Cases—Supreme court rejected a challenge to state regulatory laws 2. More often, the court sided with business a. Debs. United States—upheld the contempt conviction of labor leader Eugene Debs 3. 1920s & 1930s—the court went back & forth in supporting or opposing the regulation of business

d. Civil Liberties 1. Warren Court (1953-1969)—protected civil freedoms a. Brown v. Board of education of Topeka (1954)—overturned Plessy v. Ferguson & outlawed segregation in public schools b. Extended equal protection in voting rights c. Applied due process to people accused of crimes II. Lower Federal Courts A. Introduction 1. Congress established a network of lower federal courts (2 basic types) a. Constitutional federal courts b.Legislative Federal courts

B. Constitutional Courts—established by Congress Under Article III 1. Federal District Courts—94 district courts a. Jurisdiction over cases involving federal laws b. try both criminal & civil cases c. Criminal cases—2 types of juries used: 1. Grand Jury— 16-23 people hear charges against a person suspected of committing a crime a. Issue indictments—formal accusation charging a person with a crime if they feel there is sufficient evidence to bring the person to trial.

2. Petit Jury—6 or 12 people is the trial jury a. decides whether a person is guilty or not guilty (criminal Case) b. decides for either the plaintiff or defendant (Civil Case)

d. The following appointed officials provide support services for District Courts: 1. U.S. attorney represents the United States in all civil suits brought against the government & prosecutes people charged with federal crimes. 2. United States magistrate issues arrest warrants & helps decide whether the arrested person should be held for a grand jury hearing 3. United States marshal may make arrests, secure jurors, or keep order in the courtroom. 4. Clerk keeps records of court proceedings with deputy clerks, bailiffs, & stenographers

2. Federal Court of Appeals—have only appellate jurisdiction a. 12 judicial circuits with 1 appellate court in each circuit. b. 13th Court is a special appeals court with national jurisdiction c. The Appeal Courts may: 1. uphold the decision 2. reverse the decision 3. send the case back to the lower court to be tried again d. U.S. Circuit Court of Appeals for the Federal Circuit—special court of appeals 1. hears cases from s federal claims court, the Court of International trade, the U.S. Patent Office, & other executive agencies 2. Headquarters are in Washington, D.C.

3. Court of International Trade—jurisdiction over cases dealing with tariffs

C. Legislative Courts—help Congress use its power 1. United States Court of Federal Crimes—handles claims against the United States for money damages. 2. United states Tax Court—hears cases related to federal taxes. 3. United States Court of Appeals for the Armed Forces—Armed Forces Highest appeals Court. a. hears cases involving members of the armed forces convicted of breaking military law. 4. Territorial Courts—are similar to district courts in function, operation, & jurisdiction. They handle civil & criminal cases, along with constitutional cases. 5. Courts of the District of Columbia—judicial system for the nation’s capital a. handles both criminal 7 civil cases that need to be heard within the District of Columbia 6. Court of Veterans Appeal—handles cases arising from veterans’ claims for benefits. 7. Foreign Intelligence Surveillance Court—authorized to approve wiretaps & searches of anyone suspected of “terrorism or clandestine activity”. Warrants from this court can be issued without probable cause.

D. Selection of Federal Judges 1. The President of the U.S. appoints all federal judges with consent from the Senate 2. Judges serve for life—free from public or political pressures when deciding cases 3. Presidents favor judges who belong to the their political party 4. Presidents follow the practice of senatorial courtesy. (District Courts only) a. President submits name of a judicial candidate to the senators from the candidate’s state before submitting it for formal Senate approval. b. If either or both Senators oppose the nominee, the president usually withdraws the name & nominates another candidate

III. The Supreme Court A. Introduction 1. Supreme Court has final authority in cases involving the Constitution, acts of Congress, & treaties with other nations. 2. Nomination to the Supreme Court is a high honor.

B. Supreme Court Jurisdiction 1.The Supreme Court has original jurisdiction in: a. cases involving representatives of foreign governments

b. certain cases in which a state is a party.

C. Supreme Court Justices 1. 9 Members—1 Chief Justice & 8 Associate justices 2. Congress has the power to change the number of justices 3. Congress has the power to impeach justices 4. The main duty of the justices is to hear & rule on cases: Involves the following: a. Deciding which cases to hear from the thousands appealed to the Court each year b. Deciding the cases itself c. Determining the Court’s opinion, or explanation of its decision 5. The Chief Justice has the additional duties of: a. presiding over discussions of the cases. b. Acting as a leader in the Court’s judicial work c. Helping to administer the federal court system

6. Other duties by the justices: a. One Supreme Court Justice is assigned to each circuit, 3 justices handle 2 districts each b. May take on other duties if workloads permit 1. Earl Warren—investigated assassination of JFK 7. Justices avoid involvement in cases that might prevent them from being objective or fair. 8. Law clerks help justices with the following: a. reading all the appeals filed with the Court. b. Writing memos summarizing the key issues in each case. c. Helping prepare the Court’s opinions by doing research & writing first drafts 9. Most Supreme court Justices have the following characteristics: a. law degree & considerable legal experience. b. Experience as a state or federal court judge or attorney general c. Aged 50 or older, although 10 were younger than 50. d. Upper class background e. Native-born citizenship. Only 6 have been born outside the country & Washington appointed 3 of them.

D. Appointing Justices 1. The Senate does not always approve presidents’ choices Ex: Robert Bork (1988) 2. The American Bar Association (ABA) rates possible candidates but they may or may not influence the president or Senate 3. Interest groups try to influence the nominating process a. NOW—opposes nominees who are against women’s rights b. Others focus on attitudes of potential justices to Roe v. Wade 4. Members of the Supreme Court sometimes influence the selection of new justices by writing letters of recommendation