CHAPTER 18 THE FEDERAL COURT SYSTEM CH. 18-1 THE NATIONAL JUDICIARY AMERICAN GOVERNMENT

CREATION OF A NATIONAL JUDICIARY During Articles of Confederation (1781-1789) there was no national court system “Laws are a dead letter without courts to expound and define their true meaning and operation”— Alexander Hamilton National Judiciary created in the Constitution Article III, Section 1 Congress is also given the power to create (and remove) inferior courts (Article I, Section 8, Clause 9)

A DUEL COURT SYSTEM Two separate court systems 1 National Judiciary & 50 state judiciaries TWO KINDS OF FEDERAL COURTS INFERIOR COURTS—lower courts beneath the Supreme Court 1) constitutional courts Created by Article III to exercise “the judicial Power of the USA”

These courts now include courts of appeal, district courts, and the U These courts now include courts of appeal, district courts, and the U.S. Court of International Trade 2) Special Courts Created by Congress because of expressed powers given to Congress by Article I Ex.—US Court of Appeals for the Armed Forces, US Court of Appeals for Veterans Claims, etc.

FEDERAL COURT JURISDICTION JURISDICTION—the authority of a court to hear (to try and to decide) a case. Federal courts hear cases based on either subject matter or Parties involved (chart p. 508) All cases that are not heard by the federal courts become the jurisdiction of the state courts.

TYPES OF JURISDICTION EXCLUSIVE AND CONCURRENT JURISDICTION EXCLUSIVE—cases that can only be heard by federal courts Ex.—a case involving an ambassador or other official from a foreign country; trial of a person charged with a federal crime CONCURRENT—cases that can be tried in either federal or state courts

ORIGINAL AND APPELLATE JURISDICTION ORIGINAL—a court in which a case is first heard APPELLATE—a court that hears a case on appeal from a lower court Court of Appeals can either uphold the ruling of the lower court or modify the decision The Supreme Court has both original and appellate jurisdiction

APPOINTMENT OF JUDGES Constitution sets procedure for appointing judges (Article II, Section 2, Clause 2) President can appoint anyone to the federal bench that the Senate will confirm Presidents usually pick someone from their political party or ideology

TERMS AND PAY OF JUDGES Article III, Section 1 states the term of office for all judges “The judges…shall hold their offices during good behavior…” They may be removed through the impeachment process 13 federal judges have been impeached, 7 convicted and removed Article III, Section 1 states that federal judges “shall, at stated Times, receive for their services, a compensation which shall not be diminished during their continuance in office”

COURT OFFICERS Judges spend the majority of the time hearing and deciding cases People appointed include clerks, deputy clerks, bailiffs, court reporters, and stenographers, probation officers, and others Each federal district has at least one bankruptcy judge President and Senate appoint US attorneys, US Marshalls, and other officers for each district THE END