Chapter 15: The Federal Courts

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Chapter 15 The Federal Courts
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Article III of the Constituition

• Article III of the Constitution vests the
  judicial power of the United States in the
  United States Supreme Court.
• Although the Constitution does not stipulate as
  such, there are 9 Supreme Courts justices 8
  associate justices and the chief justice.

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The Federal Courts

• The legal system
• Federal courts
• The power of the Supreme Court Judicial review
• Judicial power and politics

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The Legal System

• Within what broad categories of law do cases
  arise?
• How is the U.S. court system structured?

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Cases and the LawTypes of Law

• Criminal law
• Civil law
• Public law

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Cases and the LawTerms

• Criminal cases
• Government
• Defendant
• Beyond a reasonable doubt
• Civil cases
• Plaintiff
• Defendant
• Preponderance of the evidence
• Precedent or stare decisis

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Types of Courts

• Trial court
• Appellate court
• Supreme court

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Geographic Boundaries of Federal District Courts
and Circuit Courts of Appeals
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Federal Jurisdiction

• What is the importance of the federal court
  system?
• What factors play a role in the appointment of
  federal judges?
• What shapes the flow of cases through the Supreme
  Court?

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Federal Jurisdiction

• The lower federal courts
• The appellate courts
• The Supreme Court
• How judges are appointed
• Controlling the flow of cases

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The Lower Federal Courts

• Courts of original jurisdiction
• 272,661 cases in 1996
• Eighty-nine district courts in the fifty states
  and one in Puerto Rico
• 610 federal district judges

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The Appellate Courts

• Appellate jurisdiction
• 51,524 cases in 1996
• Twelve appellate circuits
• Six to twenty judges per court of appeals

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The Supreme Court

• Original and appellate jurisdiction
• 7,601cases reviewed in the 19971998 term
• One chief justice and eight associate justices

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Supreme Court Justices
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How Judges Are Appointed

• Appointed by the president
• Confirmed by the Senate
• Senatorial courtesy

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Controlling the Flow of Cases

• The solicitor general
• The FBI
• Law clerks

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Federal Courts and Judicial Review

• What is judicial review?
• How does judicial review make the courts a
  lawmaking body?
• How does a case reach the Supreme Court?
• What factors influence the judicial philosophy of
  the Supreme Court?

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The Power of the Supreme CourtJudicial Review

• Judicial review of acts of Congress
• Judicial review of state actions
• Judicial review of lawmaking
• How cases reach the Supreme Court
• Explaining Supreme Court decisions

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Judicial Review of Acts of Congress

• Judicial review is the power to review the
  constitutionality of governmental actions.
• Marbury v. Madison (1803)
• Federalist 78

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Judicial Review of State Actions

• Supremacy clause provides that the Constitution
  is the supreme law of the land.
• Supreme Court uses supremacy clause to declare
  acts of the states unconstitutional.
• Examples
• Brown v. Board of Education (segregation)
• Roe v. Wade (abortion statutes)
• Loving v. Virginia (interracial marriages)

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Judicial Review and Lawmaking

• The power of judicial review is used to define
  basic concepts as they apply to laws enacted by
  Congress and the president.
• The courts become lawmakers.

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How Cases Reach the Supreme Court

• Constitutional jurisdiction
• Standing
• Mootness
• Writ of habeas corpus
• Writ of certiorari

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The Supreme Courts Procedures

• Briefs
• Oral argument
• Conference
• Opinions and dissent
• Majority opinion
• Concurring opinion
• Dissenting opinion

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Explaining Supreme Court Decisions

• Judicial activism
• Judicial restraint
• Political ideology

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Judicial Power and Politics

• How has the power of the federal courts been
  limited throughout much of American history?
• How has this changed over the last fifty years?
• How has this changed the Supreme Courts role in
  the political process?

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Judicial Power and Politics

• Traditional limitations on the federal courts
• Two judicial revolutions
• The judiciary Liberty and democracy

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Traditional Limitations on the Federal Courts

• Standing
• Remedies
• Lack of enforcement powers
• Political appointments
• Congress controls size and jurisdiction

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Two Judicial Revolutions

• Substantive revolution of judicial policy
• Procedural revolution expanding judicial power