THE JUDICIAL BRANCH

Why it MattersThe framers of the

Constitution believed in the need for a national judicial system. The Constitution

outlines the structure of the federal judiciary, the

jurisdiction of the courts, and the functions of federal

judges.

Defense of a JudiciaryAlexander Hamilton wrote in the Federalist Paper #22

“Laws are a dead letter without courts to expound

and define their true meaning and operation.”

Dual Court System

Dual Court SystemThe Constitution creates the Supreme

Court and leaves to Congress, the creation of the Inferior Courts.

Inferior Courts= Lower Federal Courts, those beneath the Supreme Court.

2 Kinds of Federal CourtsOver the years Congress has created Two distinct types of federal courts:

1.) The Constitutional Courts2.) The Special Courts

Constitutional CourtsThe Constitutional

Courts are the federal courts that Congress

has formed under Article III to exercise

“The judicial power of the United States.”

Constitutional CourtsTogether with the

Supreme Court, hey now include the

Courts of Appeals, The District Courts, and

the U.S. Court of International Trade.

These courts hear cases involving the constitutionality of

laws; criminal and civil cases involving the

laws and treaties of the United States; and

disputes between two or more states. 

Constitutional Courts

Article III Court judges are nominated by the

president, confirmed by the Senate and have life

tenure, which can be taken away only through

impeachment and conviction by the U.S.

Senate. 

Constitutional Courts

Special CourtsThe Special Courts do not exercise the broad “Judicial Power of the United States.” Rather, they have been created

by Congress to hear cases arising out of

some of the expressed powers given to

Congress in Article I

Article I Courts do not have full judicial power. They cannot issue a final decision in all

questions of Constitutional law, all questions of federal law or hear claims at the core of habeas

corpus issues.

Special Courts

Special Courts

These courts are sometimes called the Legislative Courts.

U.S. Court of Federal Claims

Terri-torial

Courts

Courts of the District

of Columbia

U.S. Tax Court

U.S. Court of Appeals

for the Armed Forces

U.S. Court of Appeals

for Veterans

Claims

Federal Court JurisdictionThe Constitutional Courts hear most of the

cases tried in the federal courts. That is, those courts have a jurisdiction over most federal

cases.

Jurisdiction= defined as the authority of a court to hear (to try and decide) a case.

Federal Court JurisdictionThe Constitution gives the federal courts jurisdiction over certain cases. Article III,

Section 2 provides that the federal courts may hear a case because of either-

• The subject matter.

•The parties involved.

Types of JurisdictionThe federal courts have

several different types of jurisdiction, depending

on whether or not (1) they share the power

to hear the case with the State courts and

(2) they are the first court to hear the case.

Types of JurisdictionIn some of the cases the federal

courts have Exclusive Jurisdiction.

Exclusive Jurisdiction= Cases can be heard only in the federal

courts.

Legal ‘Speak’Plaintiff- The person who files the suit.

Defendant- The person whom the complaint is against.

JurisdictionA court in which a

case is first heard is said to have

original jurisdiction over that case.

A court that hears a case on appeal from a

lower court has appellate jurisdiction

over that case.

JurisdictionIn the federal court system, the district

courts have only original jurisdiction,

and the courts of appeals have only

appellate jurisdiction.

Jurisdiction

The Supreme Court exercises both original and appellate jurisdiction.

The Appointment of Judges• Judges are appointed by the President.• Judges are confirmed by the Senate.–Historically appointments were accepted if

the Senator from that state supported the appointed Judge.–This is referred to as Senatorial Courtesy.–This is not the case any longer.

The Appointment of JudgesTerms of a Judge

• Judges are appointed for life.– We want impartial judges, not subject to the

emotion and whims of the masses.– If they were elected, they may craft decisions to

get re elected.• Special Court Judges serve 15 year terms.

The Appointment of Judges• Article III, Section 1 of the

Constitution reads, in part: “ The Judges, both of the

supreme and inferior Courts, shall hold their

Offices during good behavior…” This means

that the judge are appointed for life-until they

resign, retire, or die in office.

They may be removed only through the impeachment process. Only 13 federal judges have ever been impeached.

The Appointment of Judges

Many cases may be tried in either a federal court or a State court.

Types of Jurisdiction

If so, then the federal and State

courts have Concurrent Jurisdiction.

Constitutional Basis• Power of Judiciary is established by

Article III, section one of the Constitution.–Mentions only a Superior court.–No mention of Lower courts.

• Judiciary Act of 1789 set up the Supreme Court, 3 Circuit Courts and 13 District Courts.

Limits on Power• Cases must be Justifiable, or

appropriate for review by the courts.– Must wait for a case to be brought

to them.– Can only rule on legal matters.– Involved parties must have

standing, a vested interest, in the case.

– Supreme Court will only hear a case as a last resort.

– Burden of Proof is on the plaintiff.– Case must involve a specific portion

of the Constitution– A person can not question a law

that they benefit from.

QUESTIONS???