1 / 15

Chapter 11 The Federal Court System

Chapter 11 The Federal Court System. I. Powers of the Federal Courts. Supposed to balance the other two branches Really had no power until Chief Justice John Marshall was appointed chief justice in 1801 1 . Federal Court Jurisdiction Jurisdiction : authority to hear certain cases

Download Presentation

Chapter 11 The Federal Court System

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Chapter 11 The Federal Court System

  2. I. Powers of the Federal Courts • Supposed to balance the other two branches • Really had no power until Chief Justice John Marshall was appointed chief justice in 1801 • 1. Federal Court Jurisdiction • Jurisdiction: authority to hear certain cases • They hear cases on U.S. laws, treaties, or interpretations of the Constitution

  3. A. Jurisdiction of the Courts cont. • 2. Concurrent Jurisdiction • Both federal and state courts have jurisdiction • 3. Original and Appellate Jurisdiction • Trial court where the case is originally heard is the original jurisdiction • Appellate jurisdiction: appeals for previously heard cases

  4. B. Developing Supreme Court Power • The court has developed from custom, usage, and history • 1. Early Precedents • Justice may not seek out cases • 2. Marbury v. Madison • Established judicial review • Power to review acts of Congress • 3. John Marshall’s Influence • The court established its power under his guidance • Federal govt. grew more powerful

  5. C. Due Process • 14th Amendment guaranteed citizenship to all • Due process clause of it was routinely challenged • State may not deprive any person of life, liberty, or property w/o due process of law • 1. Plessy v. Ferguson • 1898, upheld segregation • 2. The Court and Business • Upheld several monopolies in the late 19th century • Changed during the progressive era • 3. Protecting Civil Liberties • Modern court has protected individuals • 1954, Brown v. Board of Education

  6. II. Lower Federal Courts • Judiciary Act of 1789 est. many of the lower courts • A. Constitutional Courts • Est. in Article III • Federal district courts, federal court of appeals, and U.S. court of international trade • 1. Federal District Courts • Trial courts • 94 districts today • 550 judges

  7. A. Constitutional Courts cont. • 2. Federal Court of Appeals • Created in 1891 to lighten the case load of the Supreme Court • 13 U.S. courts of appeals • Usually a panel of three judges hears cases • Can uphold a case, reverse it, or send it back to lower courts • 4. Court of International Trade • Customs Court • Deals with tariffs • Based in NYC

  8. B. Legislative Courts • Help Congress exercise its power • 1. U.S. Court of Federal Claims • Claims against the govt. • 2. U.S. Tax Court • Dispute the IRS or Treasury Dept. • 3. U.S. Court of Appeals for the Armed Forces • Military’s highest appeals court • 4. Territorial Courts • Virgin Islands, Guam, Puerto Rico, etc. • 5. Courts of the District of Columbia • 6. The Court of Veteran Appeals • 7. Foreign Intelligence Surveillance Court • For wiretaps and other spy related cases

  9. C. Selection of Federal Judged • Presidential appointment and Senate approval • Serve for life • 1. Party Affiliation • Presidents favor their own party, usually. Progressive vs Conservative • 2. Judicial Philosophy • A means to perpetuate the President’s political views • 3. Senatorial Courtesy • Pres. Submits nominees to the Senators from that state • 4. Background of Federal Judges • Almost all of them have legal training from top schools • Recently, more women and minorities are gaining seats

  10. III. The Supreme Court • The court of last resort in all federal law • 9 justices serve for life • Decisions are binding to lower courts • Hears mainly appeals from lower courts • Until 1891, justices still had to ride the circuit • Traveling to hold court in regions • All cases are heard in Washington today

  11. A. Supreme Court Jurisdiction • Has both original and appellate jurisdiction • Hears original cases involving: • Representatives of foreign govts. • Cases where a state is a party • Appellate cases fill the docket • Hears cases that involve the Constitution • Also oversees acts of Congress and treaties

  12. B. Supreme Court Justices • Nine justices • One chief justice and eight associate justices • Congress has the power to change the number • FDR tried to “pack” the court during the New Deal • Paid $208,000 per year • Congress sets their wages and cannot reduce them • Congress may impeach justices and remove them • Justice Samuel Chase was impeached in 1804 and acquitted

  13. B. Supreme Court Justices cont. • 1. Duties of the Justices • Not described in the Constitution • Developed from laws, tradition, and specific needs • Main duty: hear and rule on cases • Deciding which cases to hear • Deciding the cases • Expressing their explanation in the Court’s opinion • Each justice oversee a federal district • Special situations • Justice Robert Jackson presided over the Nuremburg Trials • Justice Earl Warren investigated the Kennedy assassination

  14. B. Supreme Court Justices cont. • 2. Law Clerks • Assist the justices with their tasks • 3. Background of the Justices • No Constitutional requirements • 6 were born outside the U.S. • There have been 104 justices • 102 men, 2 women • Most were judges before • William Howard Taft served after his presidency • Does not represent the general population demographics • Ex. Two African Americans

  15. C. Appointing Justices • Appointed by the President and approved by the Senate • One of Washington’s choices was rejected • 25% of nominees were rejected in the 19th century • More supportive now • Rejected two of Nixon’s and one of Reagan’s • Clarence Thomas faced great scrutiny • Some justices had different political ideas than the president thought • Ike and Earl Warren

More Related