Chapter 14: The National Chapter 14: The National JudiciaryJudiciary

CreationCreation• Called for by Alexander Hamilton in

Federalist Paper #22.• Article III, Section I: The judicial Power of the

United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

• Under Federalism a dual court system was developed: 120 courts in the National Judiciary while each state has their own system of courts.

Legislative Courts Legislative Courts Stated in Article I (inferior courts)2 types: constitutional & specialConstitutional courts exercise the

judicial power of the US (US Court of International Trade)

Special courts have arisen over cases involving expressed powers of Congress (Article III…US Tax Court)

JurisdictionJurisdictionA) Exclusive• Cases can only be heard in a federal

court…involve federal mattersB) Concurrent• Can be heard in federal or state courts…

disputes that involve money over 75,000C) State Jurisdiction• Cases involving state lawD) Original Court the case is heard in 1st

E) Appellate Courts hears the case on appeal

Federal JurisdictionFederal JurisdictionStated in Article III, Section II,

Clause IIf the subject matter includes…1.Interpretation or application of

the Constitution, federal statute, or treaty

2.A question of admiralty law (matters of the high seas)

Federal J con’tFederal J con’tIf the parties involved in the case

is…1.The US or an officer or agency2.An ambassador, consul, or

representative of a foreign gov’t3.State vs state4.Citizen of one state suing another state5.US citizen suing a foreign gov’t6.Land grant conflicts w/in the same

state

TermsTermsFederal judges are appointed by

the President and confirmed by the Senate

Supreme Court and inferior courts serve for life, while specially appointed judges serve 15 years

Congress sets salaries

Inferior CourtsInferior Courts94 US district courts handle about 80%

of the federal caseloadUS district courts have original

jurisdiction over most federal criminal and civil cases

12 federal appeals courts have appellate jurisdiction only

The Court of International Trade hears tariff and trade cases

The Court of Appeals for the Federal Circuit has nationwide appellate jurisdiction from various federal courts

The Supreme CourtThe Supreme CourtOnly court created by the

Constitution9 judgesFinal authority on federal lawHas concurrent jurisdictionUsually only hears cases on appeal

involving constitutional or federal law

In session October-JuneMajority rules w/ concurring and

dissenting opinions

PowersPowersStated in Article III of the

ConstitutionJudicial Review—1st established in

Marbury v. MadisonOriginal jurisdiction in two areas:1.Controversies between states2.All cases brought against

ambassadors and public ministers

Getting to the SCGetting to the SCVery few take original jurisdictionUsually follows this process:1.Case filed in federal district court2.Case is appealed to federal court of

appeals3.Case is appealed to the Supreme Court4.SC court either…a.Allows decision to standb.Sends case back to lower court for

reconsiderationc. Agrees to hear the case5. SC rules on the case

Special CourtsSpecial Courts1. US Court of Federal Claims: the US gov’t

cannot be sued w/ out its consent and it must be heard here 1st

2. Territorial Courts: Courts for US territories that are not state (DC, Puerto Rico, Guam)

3. Court of Appeals for the Armed Forces: Civilian tribunal (independent of the military) that hears appeals cases involving court-martials

4. US Court of Appeals for Veterans Claims: hears claims regarding veterans’ benefits

5. The US Tax Court hears civil cases involving tax law

QuestionsQuestions

1. Should judges be limited to strict interpretation of the law? Explain.

2. Should Congress look into personal opinions of a person who is about to be appointed as a judge to the Supreme Court? Explain.

3. Why is so difficult for the Supreme Court to take original jurisdiction? Explain.