Section 1: The Federal Court System

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Chapter 8 The Federal Courts and the Judicial
Branch

• Section 1 The Federal Court System
• Section 2 Lower Federal Courts
• Section 3 The Supreme Court

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Section 1 at a Glance

• 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.

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The Federal Court System
Main Idea The Framers created an independent
judicial branch as part of the separation of
powers of the national government. At the federal
level, the judicial branch consists of three
tiers of courts, each performing a different
function.

• Reading Focus
• How is jurisdiction determined in the American
  court system?
• How is the federal court system structured?
• How are federal judges appointed?
• What is the judicial branchs role in the system
  of checks and balances?

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Judicial Independence
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The American Court System

• A Dual Court System
• Constitution set up federal court system to
  clarify rulings between state courts and set
  national standard.
• Authority of state and federal court systems from
  different sources powers of state courts from
  state constitutions and state laws authority of
  federal courts from Constitution and federal law

• Jurisdiction
• State courts have jurisdiction over state law
  federal courts have jurisdiction over federal
  law.
• Court that first hears a case has original
  jurisdiction if appealed to another court, that
  court has appellate jurisdiction.
• Federal courts have exclusive jurisdiction over
  matters involving U.S. Constitution
• Cases involving residents of different states and
  sums above 75,000 fall under concurrent
  jurisdiction, both state and federal courts
  plaintiff may file case in either state or
  federal court

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Making Inferences Why is jurisdiction
complicated by the nations dual court system?
Answer(s) Some cases fall under both state and
federal jurisdiction.
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Structure of the Federal Court System
The Constitution left much of the structure of
the U.S. federal court system to the discretion
of Congress.
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Structure of the Federal Court System (contd.)

• Courts of Appeals
• Originally circuit courts, courts of appeals hear
  appeals from district courts and some federal
  agencies
• 12 circuits with a court of appeals in each
  circuit

• The Supreme Court
• Supreme Court is mainly an appellate court has
  original jurisdiction over some cases as outlined
  in the Constitution
• Court chooses which cases it hears usually
  concern issues of constitutionality

• Other Courts
• Some other courts created by Congress, known as
  Article I courts, have limited jurisdiction

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Summarizing What are the three tiers of the
federal court system?
Answer(s) the district courts, the courts of
appeals, and the Supreme Court
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Appointing Federal Judges
Presidents usually consider four items when
nominating a federal judge legal expertise,
party affiliation, judicial philosophy, and the
opinions of the Senate.
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Appointing Federal Judges (contd.)

• Opinions of the Senate
• President consults senators before making
  judicial nominations
• Tradition of senatorial courtesy senator from
  same state as judicial nominee and same political
  party as president can block nomination to
  federal district court for almost any reason
• Individual senators cannot block nominations to
  courts of appeals or Supreme Court

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Drawing Conclusions How does the appointment
process ensure that voters have some input on
the selection of judges and justices?
Answer(s) Nominations are made by the president
and nominees must be approved by the Senate both
president and senators are subject to popular
election.
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Checks and Balances

• Judicial Review
• Primary check the judicial branch performs on
  executive and legislative branches

• Checks on the Judiciary
• Appointment process is check on judiciary by
  executive and legislative branches
• Congress has power to impeach and remove judges
  from office
• Amendment process is legislative check on the
  judiciary

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Summarizing What is the judiciarys primary
check on the other two branches?
Answer(s) judicial review
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Debating the Issue Judicial Activism or Judicial
Restraint?
Should judges be guided by a philosophy of
judicial activism or judicial restraint? The
question of how much power the judiciary should
have in interpreting the Constitution is not one
that is likely to have a final answer anytime
soon. Most judges declare their belief in
judicial restraint. But the power of judicial
review, the fundamental power of the judiciary,
demands that judges be willing to overturn the
acts of the legislative and executive branchesin
other words, that they be judicial activists. The
tension between judicial restraint and judicial
activism is built in to the fabric of judicial
decision-making.
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Debating the Issue
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Section 2 at a Glance

• Lower Federal Courts
• The courts in the 94 federal judicial districts
  have original jurisdiction over most federal and
  civil cases. They handle more than 300,000 cases
  a year.
• The 12 federal courts of appeals have appellate
  jurisdiction only.
• Under its Article I powers, Congress has
  established a number of specialized lower courts
  to hear cases of limited subject-matter
  jurisdiction.

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Lower Federal Courts
Main Idea Congress has created a system of lower
courts for the federal judicial system. Each
court has a specific role to play in the judicial
branch.

• Reading Focus
• What are the roles, jurisdiction, and officers of
  the federal district courts?
• What are the roles, jurisdiction, and procedures
  of the federal courts of appeals?
• What are the functions of some of the other
  federal courts?

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The Importance of the Lower Federal Courts
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Federal District Courts
The 94 federal court districts handle more than
300,000 cases per year.
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Federal District Courts (contd.)

• Other Courtroom Officials
• Each federal court district has a U.S. attorney
  to represent the U.S. government.
• U.S. attorneys prosecute individuals charged with
  federal crimes.
• Public defenders are lawyers appointed by court
  to represent defendants who lack money to hire
  their own.
• U.S. marshals provide security and police
  protection at federal courthouses.

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Identifying Supporting Details Aside from
district court judges, who are some of the other
officials who make up a district court?
Answer(s) magistrate judges, clerks of court,
U.S. attorneys, public defenders, U.S. marshals
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Federal Courts of Appeals

• Purpose of the Courts of Appeals
• Appeals courts middle tier in hierarchy of
  federal court system
• Hear cases on appeal from district courts within
  their circuit
• Few appeals succeed

• Appeals Court Procedure
• Most appeals heard by panel of judges, reviews
  court record and reads briefs appeals courts
  rely on facts of original case, do not retry
• Burden of proof lies with appellant cases mostly
  overturned only when improper procedure was
  followed

• Appeals Court Ruling
• Courts ruling usually stands occasionally
  reviewed by larger panel of judges or returned to
  district court for more hearings

• The Federal Circuit
• Court of Appeals for Federal Circuit has
  nationwide appellate jurisdiction cases dealing
  with patents, trademarks, government contracts,
  international trade

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Sequencing What is the path by which a case
travels through a court of appeals?
Answer(s) The appellant shows that the original
ruling was based on a legal mistake. A panel of
judges reviews the trial court record and reads
briefs submitted by both sides and may hear oral
arguments. The governments side is then
presented. The court makes its ruling, which is
usually the final word. The case may be sent back
to district court, or it may undergo review by
the U.S. Supreme Court.
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Other Federal Courts

• U.S. Court of International Trade
• Hears cases involving laws and rules of
  international trade

• U.S. Tax Court
• Hears cases involving federal tax disputes

• U.S. Court of Appeals for Veterans Claims
• Hears cases involving disputes over veterans
  benefits

• U.S. Court ofFederal Claims
• Hears cases involving claims over 10,000 owed by
  U.S. government.
• United States has sovereign immunity
• In some circumstances the government can be sued

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Other Federal Courts (contd.)

• U.S. Court of Appeals for the Armed Forces
• Hears cases involving appeals from
  courts-martial, or military courts

• National Security Courts
• Foreign Intelligence Surveillance Court reviews
  requests to spy on agents of a foreign power in
  U.S.
• Alien Terrorist Removal Court reviews requests to
  remove suspected terrorists from U.S.

• Military Commissions
• Outside normal judicial system, rulings may be
  challenged in federal court

• Washington, D.C., and Territorial Courts
• Congress created trial and appellate courts in
  locations outside federal system

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Summarizing What are some of the reasons why
Congress created additional courts?
Answer(s) to hear particular types of cases over
very limited jurisdiction to hear cases in the
District of Columbia and U.S. territories
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Section 3 at a Glance

• The Supreme Court
• The importance of the Supreme Court has grown
  since the Courts early days. As it gained in
  stature, the Court also tended to experience
  political shifts mirroring those in society at
  large.
• Supreme Court justices are nominated by the
  president and must undergo a lengthy Senate
  confirmation process.
• The Supreme Court meets from October to June or
  July, studying briefs, hearing oral arguments,
  discussing cases in conference, and issuing
  opinions on about 100 cases a year.

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The Supreme Court
Main Idea The Supreme Court is the highest court
in the nation and the most important component of
the judicial branch. It serves as the final word
on questions of federal law and the Constitution.

• Reading Focus
• What are some of the highlights of Supreme Court
  history?
• How are Supreme Court justices chosen?
• What are the typical procedures of the Supreme
  Court?

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Interpreters of the Constitution
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Highlights of Supreme Court History

• Early Visions
• Constitution does not explicitly define roles or
  structure of Supreme Court
• Hamiltons writings in The Federalist explained
  critical role of Supreme Court in providing
  checks on executive and legislative branches

• The Marshall Court
• Chief Justice John Marshall established that
  courts have power of judicial review.
• Marshall led Supreme Court for more than 30
  years Court decisions expanded power of federal
  government, helped shape U.S. economy

• Dred Scott
• Supreme Court sided against Scott, held he was
  still a slave
• Court ruled Congress did not have power to
  outlaw slavery in territories therefore Missouri
  Compromise unconstitutional
• Courts decision in Scott increased tensions
  leading up to Civil War

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• From Reconstruction to Plessy
• Economic regulation and civil rights dominated
  Supreme Court
• Courts narrow interpretation of 13th, 14th, 15th
  Amendments left to states protection of newly
  freed African Americans civil rights
• Court made much regulation of economy
  unconstitutional

• The Court and the New Deal
• Court continued to quash efforts at economic
  regulation
• Court found many New Deal programs
  unconstitutional, eventually deferred to Congress
  regarding economic measures
• Court became more liberal during Roosevelts time
  in office

• From the 1950s to the Present
• Court under Chief Justice Earl Warren was
  considered activist
• Achieved many civil rights victories, including
  landmark Brown decision mandating desegregation
  of public schools
• Today Court is more conservative

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Making Generalizations How has the Supreme Court
been shaped by politics?
Answer(s) Supreme Court justices are appointed
by presidents, who usually make appointments
according to their own political leanings.
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Landmark Supreme Court CasesPlessy v. Ferguson
(1896)
Why It Matters In Plessy v. Ferguson, the
Supreme Court examined a Louisiana state law
requiring racial segregation on public
transportation and determined whether it violated
the equal protection clause of the Fourteenth
Amendment.
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Choosing Supreme Court Justices

• Choosing a Nominee
• Constitution no formal requirements for Supreme
  Court justices most justices have served in
  government, had legal background
• Presidents typically nominate individuals from
  same political party who share their judicial
  philosophy
• Presidents first gauge Senate support or
  opposition for nominee

• Confirmation Hearings
• Confirmation process Senate Judiciary Committee
  questions nominee nominees hesitant to share
  opinions on controversial issues
• After hearing, committee votes on nomination
  full Senate vote usually matches committees
  most nominees are confirmed

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Sequencing What is the process a nominee
undergoes to join the Supreme Court?
Answer(s) The president chooses a nominee. The
Senate Judiciary Committee holds hearings and
votes on the nomination. The full Senate may
debate the nomination before voting to confirm or
reject the nominee.
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Supreme Court Procedures

• The Term Begins
• Court session from October until June or July
• Justices work in two-week blocks, first hearing
  arguments from lawyers and then ruling on cases
  presented
• Each justice has four law clerks as assistants

• Selecting Cases
• Court usually chooses which cases it hears most
  cases come from federal court of appeals others
  from high state courts or are cases of Supreme
  Courts original jurisdiction
• If Court grants appellant a writ of certiorari,
  it agrees to hear the case if denied, lower
  courts ruling stands
• If case is on Courts docket, usually it deals
  with important issue of constitutional or federal
  law

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Supreme Court Procedures (contd.)

• Briefs and Oral Arguments
• Justices first study briefs, then hear oral
  arguments lawyers usually have 30 minutes to
  present their side of a case

• Opinions
• Chief justice leads discussion of case in
  private Court issues formal, written opinion
  exploring issues, precedents, reasoning behind
  majority opinion
• Concurring opinions sometimes accompany majority
  opinion justices who disagree with majority
  opinion may issue dissenting opinion

• Court Orders
• Supreme Court gives plenary review to about 100
  cases per term
• Where Court does not fully review a case, it may
  issue court order directing lower court to
  reconsider

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Identifying Supporting Details What are the three
main stages that cases before the Supreme Court
typically must go through?
Answer(s) for a case to come on appeal from a
federal court of appeals, or through the highest
state courts the Court then decides which cases
to hear
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We the People The Citizen and the Constitution

• The Supreme Court and the System of Checks and
  Balances
• Because its members do not stand for election,
  the Supreme Court is considered the least
  democratic of the three branches of government.
  What is the source of its power, and how does the
  Constitution place checks on that power?
• What is judicial review?
• What checks exist on the power of the Supreme
  Court?