1. Chapter 15
The Federal
Courts

2. The Federal Courts

3. The Legal System
“A government of laws and not of men.”-John Adams, describing the new Massachusetts state constitution
Rule of law: all are equal before the law and none are immune from it.
Fundamental fairness expectation Americans have of the judicial system
“That’s not fair” is a tacit reference to rule of law

4. The Legal System
Criminal law: the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts.
Government is always the plaintiff
Defendant cannot be forced to testify
Standard: guilty beyond a reasonable doubt
Penalties: fines, public service, imprisonment, death

5. The Legal System
Civil law: the branch of law that deals with disputes that do not involve criminal penalties.
Plaintiff is the party that has been legally wronged
Defendant can be forced to testify
Standard: preponderance of evidence
Penalties: typically monetary

6. The Legal System
Precedent: previous decisions from prior cases that are used to understand how a law is applied
Stare decisis: “let the decision stand”
The use of precedent in a current case
The court is hesitant to overturn precedent

7. Types of Courts State versus federal Trial versus appellate
State supreme court

8. The U.S. Court System

9. Types of Courts State vs. federal courts
Depends on the law in question
Federal law  Federal court
State law  State court
State cases can be appealed in the federal system if there has been a violation of the U.S. Constitution.

10. Types of Courts Trial vs. appellate
Trial courts apply law to the facts of a given case.
Facts of the case are introduced
Judges and juries make sense of how facts relate to law.
Trial cases take both law and precedent into account.

11. Types of Courts Trial vs. appellate
Appellate courts examine whether the law has been applied correctly in a trial court case.
New facts cannot be introduced.
If new facts are available, the case goes back to a trial court.
Appeals courts hear far fewer cases than trial courts
Typically dwell on complicated elements
Sole concern: whether laws applied correctly

12. The Supreme Court

13. Types of Courts Supreme Court The court of last resort
Has final interpretation over the Constitution and statutory law, be it state or federal
No state constitution can run contrary to the federal constitution
Recall, the Supreme Court is an appellate court
No new facts allowed

14. Types of Courts Jurisdiction: where court has authority, power
Federal court domain includes:
Cases between states
Ambassadors
Federal law
U.S. Constitution
State and local courts have no say in the kinds of cases listed above.

15. The Federal Courts

16. Types of Courts Federal courts:
94 judicial districts, plus three for territories
11 regional circuits, plus one for the District of Columbia
U.S. Court of International Trade
U.S. Court of Federal Claims
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Veterans Appeals
U.S. Court of Military Appeals

17. Types of Courts Habeas corpus
A prisoner can appeal for a writ of habeas corpus to a court, claiming a violation of rights.
For a federal court to intervene in a state case, the prisoner must argue that a federal right has been violated.

18. Federal Jurisdiction In 2008: Procedures of note
Federal district courts heard 349,969 cases.
Federal courts of appeal heard 61,104 cases.
U.S. Supreme Court heard 75 cases.
Procedures of note
Only hear appeals they determine have merit
Three judges on the panel (no jury)

19. Federal Trial Courts
Original jurisdiction: the ability to hear a case for the first time
Appellate jurisdiction: the power to hear appeals from a lower court

20. Federal Appellate Courts
89 courts in 50 states, +1 Puerto Rico, +1 D.C., three territories
Staffed by 679 judges
Almost always one judge per case
All areas of the United States and territories are covered by one of 12 circuit courts.
Each court has six to 28 judges.
Each trial usually has three judges.

21. Federal Appellate Courts

22. How Judges Are Appointed

23. The U.S. Supreme Court Nine justices
Chief justice and eight associate justices
System of equals, which functions on seniority basis
All judges have equal say, and each has one vote.
If chief justice sides with the majority opinion, he assigns the writing of the majority opinion.
If chief sides with the minority opinion, the most senior justice in the majority does.

24. How Judges are Appointed
Senatorial courtesy
Senators from the president’s party suggest nominees for district courts in their state when an opening appears.
President chooses from the list, then the Senate confirms.
The confirmation process has become highly political in recent decades.

25. Supreme Court Justices, 2009 (in Order of Seniority)

26. Who Are Federal Judges?
CHAPTER 15

27. Federal Judges in 2009, by Race and Gender
White men
860
African American men 84
Hispanic
men 58
White women
225
African American women 40
Hispanic
women 26
= 10 federal judges
SOURCE: Russell Wheeler, “The Changing Face of the Federal Judiciary” (Washington, DC: Brookings Institution, 2009). Data are from August 2009.

28. Appointments to Federal Courts, by Administration
KENNEDY/JOH NSON
NIXON/ FORD
CARTER
REAGAN
G.H.W. BUSH
CLINTON
G.W. BUSH
OBAMA
White men
White women
African America men
African American women
93% 1% 4%
<1%
95%
<1% 3% 1%
66%
12% 3% 6%
<1%
86% 7% 1%
<1% 5%
72%
16% 7% 1% 4%
52%
23%
12% 4% 6% 2%
67%
16% 5% 2% 6% 4%
36%
27%
10% 7% 5% 2% 3%
Hispanic men
Hispanic women
Asian America men
Asian American women
SOURCE: Russell Wheeler, “The Changing Face of the Federal Judiciary” (Washington, DC: Brookings Institution, 2009).

29. The Power of the Supreme Court: Judicial Review

30. Judicial Review
Judicial review: the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional.
The U.S. Constitution does not mention judicial review.
Marbury v. Madison (1803)

31. Judicial Review of Acts of Congress
Supremacy Clause and Judicial Act of 1789
All state laws and actions must be in conformity with the U.S. Constitution, federal laws, and treaties.

32. Judicial Review of State Actions

33. Judicial Review of Federal Actions
Congress’s dilemma: make laws too broad, and the executive branch can subvert them; make them too narrow, and they cannot adapt over time.
The Court is hesitant to overturn executive-branch decisions because Congress can do so.

34. Judicial Review and Presidential Power
Historically, the Court is hesitant to judge presidential authority during wartime.
Allowed imprisonment of Japanese Americans in WWII
Deferential to handling of “enemy combatants” during Iraq War

35. Judicial Review and Lawmaking

36. Judicial Review and Lawmaking
Common law: body of law stemming from judges, not from statutes
Allows courts to function in the absence of lawmaking, just as executive orders do
Appellate courts also make rules that apply to how courts decide cases.

37. Rules of Access
“Cases and Controversies”: there must be an actual dispute, not a hypothetical one.
Standing: a party must have standing to sue by being a stakeholder in the outcome.
Standing gives the legal right to initiate a case.
Mootness: a criterion used to dismiss cases that no longer require a resolution.
The issue is resolved; nothing to address.

38. Cases Filed in U.S. Supreme Court

39. Writ of Certiorari
SCOTUS is more likely to “grant cert” to cases where:
An important civil right or civil liberty is at stake.
Appellate courts have ruled differently on the same law, and it needs to be applied universally.
The federal government is filing the appeal.

40. Solicitor General Federal government’s top lawyer
All cases before the Supreme Court are argued by an attorney from the solicitor general’s office, often by the solicitor general himself or herself.
When the solicitor general requests a writ of certiorari, the justices take the request extremely seriously.

41. Amicus Curiae
Amicus briefs can be filed by any stakeholder in a case, even if that person is not directly involved in the litigation.
Useful sources of legal interpretation and facts

42. Lobbying for Access
Some interest groups have long-term legal strategies.
Bring test cases under the most favorable circumstances
Bring cases in specific circuits, expecting the appeals court to side a certain way
Have access to top experts in the field

43. The Supreme Court’s Procedures

44. The Supreme Court’s Procedures

45. The Supreme Court’s Procedures
Preparation
Both sides submit briefs, as do other interested parties.
The attorneys will also prepare extensively for the questions they may face.
By the time a case reaches the Supreme Court, the original attorneys may be replaced by more experienced attorneys.

46. The Supreme Court’s Procedures
Oral argument
The Court meets three times per week when in session.
Each side gets a half hour, with many interruptions.
Sometimes, several different attorneys will address different aspects of the argument.

47. The Supreme Court in Action

48. The Supreme Court’s Decision-Making Process

49. The Supreme Court’s Procedures
The conference
Justices meet by themselves on Wednesdays and Fridays when in session.
Hold an initial vote
Chief justice or most senior justice will assign a justice to write the majority opinion.
Usually the dissenting opinion is assigned as well.
Most opinions are written by the clerks under the supervision of the justice.

50. Traditional Limitations on the Court
Standing limits the ability of many to bring issues into the courts.
Members of Congress have repeatedly tried to force the president to obey the War Powers Act.
The Court is willing to protect classes, but hesitant to remedy with broad reparations.
The Court has no mechanism to force the other branches to obey.
Congress can limit access to the Court.

51. Public Opinion Poll
Do you think federal judges should be appointed for
life terms, limited terms, or elected?
Federal judges should be appointed for life.
They should have limited appointment terms.
Federal judges should be elected. 51

52. Public Opinion Poll
Do you believe the decisions of the federal courts are
primarily driven by legal doctrine or individual judge’s
political ideology?
Legal doctrine
Political ideology 52

53. Public Opinion Poll Do you believe members of the U.S. Senate should
have the ability to block the judicial nominations based
solely on the nominee’s political ideology and party?
Yes No 53

54. Public Opinion Poll
Do you believe the U.S. Supreme Court should televise
or online stream their proceedings?
Yes No 54

55. Public Opinion Poll
Compared to the presidency and the Congress, do you
think the Court has too little, too much, or the right
amount of influence on American policy and law?
Too little influence
Too much influence
About right amount 55

56. Chapter 15: The Federal Courts
Quizzes
Flashcards
Outlines
Exercises
wwnorton.com/we-the-people 56

57. Following this slide, you will find additional images, figures, and tables from the textbook.

58. Cases and the Law

59. Digital Citizens

60. Two Judicial Revolutions

61. The Supreme Court and International Law