The Federal Judiciary

1
The Federal Judiciary

• Magruder Chapter 18

2
The National Judiciary
3
The Creation of a National Judiciary

• The federal court system was established by
  Article III of the Constitution
• Article III Section 1
• There are two separate court systems in the
  United States
• The United States has a national system of courts
• Each State has its own court system that hears
  most of the cases brought in this country

4
The Creation of a National Judiciary

• Over the years Congress has created two types of
  federal courts
• Constitutional Courts include the Supreme Court,
  the courts of appeal, the district courts, and
  the Court of International Trade
• Created under Article III, Section 1
• Judges serve for life

5
The Creation of a National Judiciary

• Special, or legislative, courts are created by
  Congress and hear only a limited range of
  specialized cases.
• Created under Article I Section 8
• Judges serve for a limited time

6
Jurisdiction in the Federal Courts

• Federal courts can hear cases that arise out of
  the
• US Constitution
• Federal Statute or Treaty
• Cases affecting Ambassadors, other public
  Ministers, and Counsels
• Cases of admiralty and maritime jurisdiction

7
Jurisdiction in the Federal Courts

• Cases to which the United States is a party
• Controversies between two or more States
• Controversies between citizens of different States

8
Jurisdiction in the Federal Courts

• Controversies between citizens of the same State
  claiming lands under grants of different States
• Controversies between a State, or the citizens
  thereof, and foreign States, Citizens, or
  subjects
• Article III Section 2

9
Jurisdiction in the Federal Courts

• All cases that do not fall under the jurisdiction
  of the federal courts are within the jurisdiction
  of the State courts
• Some cases have exclusive (federal courts only)
  jurisdiction
• Some cases have concurrent (federal or state
  courts) jurisdiction

10
Jurisdiction in the Federal Courts

• The district court in which a case is first heard
  is said to have original jurisdiction
• The appellate court to which a case is appealed
  from a lower court is said to have appellate
  jurisdiction

11
Appointment of Judges

• Federal judges are nominated by the President
  and confirmed by the Senate
• Presidents almost always nominate persons from
  their own party who share their philosophy of
  government

12
Terms and Pay of Judges

• Most federal judges are appointed for life and
  may be removed only through the impeachment
  process
• Constitutional Courts only
• Special Courts 12 or 15 year terms
• Table on page 478

13
Terms and Pay of Judges

• Congress sets judicial salaries and benefits
• Chief Justice 208,100
• Associate Justices -- 199,200
• Court of Appeals -- 171,800
• District Court -- 162,100
• Can never be decreased

14
Terms and Pay of Judges

• Judges can retire with full salary at the age of
  70 after serving for at least 10 years or 65 if
  they have served for 15 years

15
Court Officers

• Each district court has many officials who assist
  the district judge
• Clerks take care of the records of the courts
  proceedings, maintain the court seal
• Bailiffs keep order in the courtroom
• Stenographers keep an accurate record of what
  is said in the courtroom

16
Court Officers

• Magistrates issue warrants of arrest, set bail,
  and can try certain minor offenses
• Bankruptcy judges at least one per district
  court
• 326 in the US, serve 14 year terms
• United States attorneys try cases before the
  district courts
• Federal marshals national police

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The Inferior Courts
18
The District Courts

• Formed in 1789 by Congress with the passing of
  the Judiciary Act of 1789
• At present there are 94 district courts in the
  United States
• 50 States are divided into 89 district courts
  with one in D.C., one in Puerto Rico, one in
  Virgin Islands, one in Guam, one in Northern
  Marianas

19

• The 632 district court judges hear 80 percent of
  the federal caseload
• Each State forms at least one judicial district,
  and a minimum of two judges are assigned to each
  district

20
The District Courts

• District courts have original jurisdiction over
  most of the cases heard in the federal courts
• District courts hear both civil and criminal
  cases
• District courts use both grand and petit juries

21
The Courts of Appeal

• Courts of appeals were created in 1891 as
  gatekeepers to the Supreme Court
• There are now 12 courts of appeals and 179 judges
• Appellate courts are regional and usually hear
  appeals from courts within their circuits

22
The Courts of Appeal

• They also hear appeals from the United States Tax
  Court, the territorial courts, and from decisions
  of federal regulatory commissions
• Each Supreme Court Justice is assigned to one of
  the 12 circuits

23
Two Other Constitutional Courts

• The Court of International Trade has nine judges
  who hear civil cases arising out of the tariff
  and other trade-related laws.
• Sit in three judge panels
• Hold trials in major ports New York, New
  Orleans, San Francisco, Boston
• Appeals go to Court of Appeals for the Federal
  Circuit

24
Two Other Constitutional Courts

• The Court of Appeals for the Federal Circuit has
  12 judges. It was set up in 1982 to centralize
  the appeals process in certain types of federal
  cases and in cases from certain lower and special
  courts
• Has a nationwide jurisdiction
• Hears only civil cases

25
The Supreme Court
26
West Side of the Court
27

• Supreme Court
• Front Facade

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Back of Supreme Court
29

• Contemplation
• of Justice

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• Authority of Law

31
1810-1860
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The Old Senate Chamber
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Supreme Court Chambers
34
Conference Room
35
Supreme Court Library
36
The Supreme Court

• Only court specifically mandated by the
  Constitution
• Has a chief justice and eight associate justices
• This is the highest court in the United States
  and has the final authority on all questions of
  federal law

37
Judicial Review

• Judicial review is the power to decide on the
  constitutionality of an act of government
• The Founders intended to give this power to the
  courts, but did not write it in the Constitution
• Alexander Hamilton discussed this idea in
  Federalist 78 (quote p. 472)
• The principle was established in the case of
  Marbury v. Madison (1803)

38
Judicial Review

• Court often exercises this power
• Constitution is the Supreme law of the land
• Article VI
• All legislative enactments are subordinate to the
  Constitution
• Judges are sworn to enforce the provisions of the
  Constitution

39
Jurisdiction

• The Supreme Court has great power as the ultimate
  authority on constitutionality and as the arbiter
  of disputes between States and between States and
  the Federal Government
• The Supreme Court has both original and appellate
  jurisdiction

40
Jurisdiction

• Original Jurisdiction is based on Article III
  Section 2
• Cases to which a State is a party
• Cases involving Ambassadors, other public
  Ministers, and Consuls

41
Jurisdiction

• Congress has provided that the Court shall have
  Exclusive and Original jurisdiction over
• Ambassadors or other public Ministers
• Cases between States
• Congress can control the appellate jurisdiction
  of the Supreme Court

42
Jurisdiction

• Can remove any appellate jurisdiction that it
  wishes
• But most of its cases are appeals
• Since 1925, the Supreme Court has had almost
  complete control over its own caseload

43
How Cases Reach the Court

• Over 6,000 cases are appealed to the Supreme
  Court each year
• The Court will select only a few hundred to be
  heard
• Under the Rule of Four, at least four justices
  must agree that the Court should hear a case
  before the case is selected for the Courts docket

44
How Cases Reach the Court

• The Court will dispose of half of the cases with
  a simple, brief, written statement
• The Court decides, with full opinions, only about
  100 cases per year
• Most cases reach the Court by writ of certiorari
  an order to a lower court to send the record in
  a given case to the Supreme Court for its review

45
How Cases Reach the Court

• Cert is granted in only a limited number of
  cases
• Constitutional question
• When Cert is denied, the lower court ruling
  stands
• A few cases reach the Court by certificate
• Not clear about a rule of law

46
How Cases Reach the Court

• Most cases reach the supreme Court through the
  State Supreme Courts and the Federal Courts of
  Appeal

47
The Supreme Court

• Chief Justice
• John Roberts (Bush, 2005)
• Associate Justices
• John Paul Stevens (Ford, 1975)
• Antonin Scalia (Reagan, 1986)
• Anthony Kennedy (Reagan, 1988)
• David Souter (Bush, 1990)

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The Supreme Court

• Clarence Thomas (Bush, 1991)
• Ruth Bader Ginsburg (Clinton, 1993)
• Steven Breyer (Clinton 1994)
• Samuel Alito, Jr. (Bush, 2006)

49
Chief Justice John Roberts
50
John Paul Stevens
51
Antonin Scalia
52
Anthony Kennedy
53
David Souter
54
Clarence Thomas
55
Ruth Bader Ginsburg
56
Steven Breyer
57
Samuel Alito, Jr.
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The Supreme Court at Work

• The court term begins at 1000 am on the first
  Monday in October
• The term will usually end in June or July
• Justices hear cases in two-week cycles
• Usually will hear oral arguments on Monday,
  Tuesday, Wednesday, and sometimes Thursday

59
The Supreme Court at Work

• Each lawyer must be on the approved list to argue
  cases before the Supreme Court
• Each side receives thirty minutes to argue their
  case
• Justices can interrupt a lawyer at any time to
  ask questions about the case
• When the red light goes on, the period is over

60
The Supreme Court at Work

• Briefs are the main way that information is
  provided to the Justices.
• Briefs, written documents supporting one side of
  a case, are submitted before oral arguments are
  heard
• May run into the hundreds of pages
• Amicus curiae (friend of the court briefs)
• Can only be filed with courts permission

61
The Supreme Court at Work

• The Solicitor General represents the United
  States whenever the US is a party to a case
• He or she decides which cases to appeal to the
  Supreme Court
• The present Solicitor General is Paul Clement

62
The Supreme Court at Work

• The Conference
• Done behind closed doors
• No written records are kept of the proceedings
• Chief Justice speaks first about the case and
  lays out his reasoning about the rule of law and
  how the case should be decided

63
The Supreme Court at Work

• The next senior justice then speaks and gives his
  point of view
• Then each justice in order of seniority
• Once all justices have had their say, the last
  justice appointed to the court will vote.
• Then each justice will vote in order of seniority

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The Supreme Court at Work

• The Chief Justice will vote last giving him the
  opportunity to break a tie, if necessary
• Quorum for the Court is six
• Majority is necessary for a decision to be
  rendered
• 4 of 6 4 of 7 5 of 8 5 of 9

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The Supreme Court at Work

• If the vote ends in a tie, the decision of the
  court that heard the case last, stands
• If the Chief Justice is in the majority, he will
  write the opinion of the court or will assign
  this to one of the majority voters
• If Chief Justice is in the minority, the senior
  Justice in the majority will serve in this role

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The Supreme Court at Work

• Opinions that can be issued
• Opinion of the Court (Majority Opinion)
• Outlines the courts position and the reasoning
  for that position
• Concurring Opinion
• Justice agrees with the majority but for
  different reasons

67
The Supreme Court at Work

• Dissenting Opinion
• Justice believes that the Court erred in its
  ruling and here are the reasons why
• Stare decisis let the decision stand
• Creates the rule of precedent
• Dissenting Opinion could be used to overturn some
  future case

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The Special Courts
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The United States Claims Court

• The United States may be sued only if it gives
  its consent
• Sovereign Immunity
• The Claims Court hears cases from all over the
  country in which there are claims for damages
  against the Federal Government
• Originally had to have a appropriation from
  Congress

70
The United States Claims Court

• 1855 Congress created the Claims Court
• 16 judges serve 15 year terms
• Paid when Congress appropriates the money
• Can appeal to the Court of Appeals for the
  Federal Circuit

71
The Territorial Courts

• Under the Constitution, Congress created courts
  for the nations territories
• These courts operate much like local courts in
  the State systems

72
The Courts of the District of Columbia

• The District of Columbia has its own system of
  courts
• This system was set up by Congress
• A Superior Court and Court of Appeals for the
  City
• A District Court and a Court of Appeals as a part
  of the national system

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The Court of Appealsfor the Armed Forces

• The five judges of this court are civilians
  appointed to 15 year terms
• This court hears appeals from court-martial
  convictions and is usually the court of last
  resort for members of the Armed forces
• Military is under the UCMJ Uniform Code of
  Military Justice
• Created in 1950

74
The Court of Veterans Appeals

• The seven judges of the Court of Veterans Appeals
  are appointed by the President for 15 year terms
• They hear appeals from veterans who claim that
  the Veterans Administration has mishandled their
  cases
• Created in 1988
• Appeal to the C of A for the FC

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The United States Tax Court

• The 19 judges of the Tax Court are appointed by
  the President to 12 year terms
• The Tax Court hears only civil cases involving
  disputes over the application of tax laws
• Created in 1969
• Cases from the IRS or Treasury Dept.

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