The National Judiciary

Creation of a National Judiciary Need for a uniform set of laws Article III – creates the Federal Court System

Dual Court System 120 federal courts Each state has their own system of courts (the majority of cases)

Two kinds of Federal Courts 1. Constitutional Courts- execute judicial power (ex. Lower circuit courts) 2. Special Courts – handle cases relating to expressed powers of Congress (ex. Tax court, territorial courts)

Federal Court Jurisdiction 1. Subject matter – ex. Constitutional law, US territorial waters 2. parties involved- ex. US officials, state vs. state

Original and Appellate Jurisidiction 1. original- where the case is first heard 2. appellate- hears the case on appeal

Appointment of Judges 1. Nominated by the President 2. Approved by the Senate (Senatorial Courtesy)

Judicial Activism vs. Judicial Restraint 1. Judicial Restraint- cases must be decided on the original meaning intended by the Constitution 2. Judicial Activism- law must be interpreted in a modern setting