The Federal Court System A.O.C. (1781-1789)- lacked? -Problem: Lacked Nat’l court and nat’l judiciary…laws of US were interpreted and applied in states as each of them saw fit or chose to do so. - Alexander Hamilton: Fed paper #78- Laws are dead letters wo courts to expound and define their meanings and interpretations.

Federal Court System Created by Article III of the Constitution Supreme Court is the only Court Created by the Constitution all other federal courts were created by Congress. Chief Justice John Marshall (1801-183) Did much to increase the power of the Court.

Marbury v. Madison Established the principal of Judicial Review S.C. 1st asserted its power of judicial review -Dealt with the aftermath of Elections of 1800…TJ and anti-federalists won control and power of both houses of Congress. -Fed tried to pack the judiciary with loyal party members -congress created new fed judgeships early in 1801- Pres. J. Adams filled with Fed.

Constitutional Courts United States Circuit Court of Appeals for the Federal Circuit-hears cases from: Federal Claims Court Court of International Trade United States Patent Office

Constitutional Courts Court of International Trade Based in New York but may listen to cases involving other port cities New Orleans Houston San Francisco Mainly hears cases involving tariff issues

Legislative Courts United States Claims Court United States Tax Court The Court of Military Appeals Territorial Courts Courts for Washington D.C. The Court of Veterans’ Appeals

Federal Judges Appointed for life Senatorial Courtesy Appointed by President Approved by the Senate May be removed through impeachment Senatorial Courtesy Pay is set by congress

The Supreme Court

The Supreme Court The Supreme court is the only court with both: Original jurisdiction Appellate jurisdiction Supreme court is composed of 9 justices Chief Justice – John Roberts

How Cases Reach the Supreme Court Discuss List-cases worthy of consideration requires “Rule of Four” for a case to be accepted. Writ of Certiorari Appeal- When a lower or State court has ruled a law unconstitutional Four of the Nine have to committ

How Cases Reach the Supreme Court Writ of Certiorari-main route for case an order from the court to the lower court to send up the records on a case for review. Belief that a legal error was made in handling the case or The case raises some serious Constitutional question. More than 90% of these cases are rejected

Steps in Deciding Major Cases Submitting Briefs A written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case. Amicus curiae-briefs submitted by outside interested parties. Oral Arguments Each side is allowed only 30 minutes to summarize the key points of the case. The Conference On Fridays the justices meet to discuss the cases they have heard. Then they vote on the case. Amicus briefs are basically recommendations of with important information for the court to decide whether or not to take up the case

Steps in Deciding Major Cases Writing the Opinion Majority opinion- Court’s opinion Opinion of Court Decision and reasoning Dissenting opinion Disagree w/Majority opinion Concurring opinion Agree, add/emphasize new point

Interpreting the Law Loose: Strict: interpretation of the Constitution posits that the government of the United States hold all powers that are not specifically denied to it by the Constitution. Strict: Constitution states that the government of the United States holds only those powers specifically granted to it by the Constitution