1. Powers of the Federal Courts Unit 6 Notes

5. Jurisdiction of the Courts Jurisdiction – ones authority Jurisdiction – ones authority State Courts have jurisdiction over state laws State Courts have jurisdiction over state laws Federal Courts have jurisdiction over federal laws Federal Courts have jurisdiction over federal laws Sometimes the Jurisdiction of Federal Courts and State Courts overlap – Concurrent Jurisdiction Sometimes the Jurisdiction of Federal Courts and State Courts overlap – Concurrent Jurisdiction Federal Court has the right overrule or take over these types of cases Federal Court has the right overrule or take over these types of cases

7. Jurisdiction of the Courts Jurisdiction for Federal Courts Jurisdiction for Federal Courts Cases involving: Cases involving: Ambasadors or members from foreign governments Ambasadors or members from foreign governments Two or more states – (disputes between states) Two or more states – (disputes between states) Federal Government Agencies Federal Government Agencies Citizens from different states Citizens from different states State and a citizen from a different state State and a citizen from a different state State and citizen from foreign country State and citizen from foreign country

8. Developing Supreme Court Power Precendents Precendents Judges or Justices aren’t allowed to seek out cases, they have to wait for litigants (lawyers & clients) to bring cases to them. Judges or Justices aren’t allowed to seek out cases, they have to wait for litigants (lawyers & clients) to bring cases to them. Supreme court will only determine cases, they will NOT answer legal questions. Supreme court will only determine cases, they will NOT answer legal questions. George Washington had Thomas Jefferson ask John Jay what they should do with England and American neutrality... George Washington had Thomas Jefferson ask John Jay what they should do with England and American neutrality... “We have considered the previous question stated in a letter written by your direction to us by the Secretary of State... We exceedingly regret every event that may cause embarrassment to your administration, but we derive consolation from the reflection that your judgment will discern what is right.” “We have considered the previous question stated in a letter written by your direction to us by the Secretary of State... We exceedingly regret every event that may cause embarrassment to your administration, but we derive consolation from the reflection that your judgment will discern what is right.”

10. Developing Supreme Court Power Marbury v. Madison Marbury v. Madison Chief Justice John Marshal Chief Justice John Marshal Establish Judicial Review Establish Judicial Review The power of the courts to decide if a law or governmental action is constitutional or unconstitutional The power of the courts to decide if a law or governmental action is constitutional or unconstitutional John Marshall’s Influence John Marshall’s Influence Expanded the courts power Expanded the courts power McCulloch v. Maryland McCulloch v. Maryland States could not hamper National Interests States could not hamper National Interests Fletcher v. Peck Fletcher v. Peck Supreme Court can decide if state laws are unconstitutional Supreme Court can decide if state laws are unconstitutional

11. Developing Supreme Court Power Due Process Clause Due Process Clause no state may deprive any person of life, liberty, or property without the due process of law no state may deprive any person of life, liberty, or property without the due process of law The state is a servant of the law The state is a servant of the law When harming a person, the government must follow the exact steps of the law (set by the court system) When harming a person, the government must follow the exact steps of the law (set by the court system) Slaughterhouse Cases Slaughterhouse Cases Decided that citizen rights would be protected by the Federal Government, rather than state governments Decided that citizen rights would be protected by the Federal Government, rather than state governments Plessy v. Ferguson Plessy v. Ferguson Established “Separate But Equal.” Established “Separate But Equal.” Overturned by “Brown v. Board of Education” Overturned by “Brown v. Board of Education”