AMERICAN GOVERNMENT

The federal court system is made up of two quite distinct types of courts 1) constitutional, or regular courts 2) special courts Special courts were created by Congress to hear certain cases involving the expressed powers of Congress These courts (aka legislative courts) were not established under Article III They don’t exercise the broad “judicial power of the USA” Each court has very narrow jurisdiction

The US government cannot be sued by anyone, in any court, for any reason, without its consent Suits may be brought only if the Congress says the USA is open to suit Originally, a person with a claim against the US could secure REDRESS (satisfaction of a claim or payment) only be an act of Congress 1855—Congress sets up the Court of Claims

This body became the US Court of Federal Claims in judges appointed by the President and approved by the Senate for 15-year terms They hold trials throughout the country Hear claims for damages against the Federal Government Claims upheld by this court cannot be paid unless Congress appropriates the money

Appeals from this court may be carried to the Court of Appeals for the Federal Circuit

Congress acted under its power to “make all needful Rules and Regulations respecting th Territory…belonging to the USA” Courts created for each of the nation’s territories: Virgin Islands, Guam, and the Northern Marianas Islands These courts function much like the local courts in the 50 states

Congress has the power to oversee judicial cases in DC (Article I, Section 8, Clause 17) Federal District Court, Court of Appeals Local courts established: 1) superior court (general trial court) 2) court of appeals

1789—Congress created a system of military courts for each branch of the military These military courts (aka COURTS-MARTIAL) serve the special disciplinary needs of the armed forces and are NOT a part of the federal judicial system All court officers are members of the military— mainly officers 1950—Congress created the Court of Military Appeals for the Armed Forces This court is a civilian court separate from the military courts

5 judges—a chief judge and 4 associate judges Appointed by the President and confirmed by the Senate for 15-year terms A limited number of decisions from this court could be appealed to the US Supreme Court This court is usually the last word for military persons trying to change the decision of their case

2003—court-like bodies composed of commissioned officers created by President George W. Bush These tribunals are not part of the courts-martial system These commissions were set up to try “enemy combatants”, mostly suspected terrorists captured by American forces in Iraq and Afghanistan Most captives are held at Guantanamo Bay, Cuba

These detainees include hundreds of people suspected of belonging to al Qaida and others who have committed violence against the USA The President, as Commander-in-chief, created these commission by Executive Order 2006—US Supreme Court ruled that the President had overstepped his authority in the case of Hamdan v. Rumsfeld The Court directed Bush to work with Congress to develop new procedures for prosecuting detainees

Military tribunals have been established at various points in America’s past Mexican-American War, Civil War, and WWII 1942—Roosevelt created a tribunal to try 8 Nazi saboteurs who were landed on the East Coast by submarine All 8 were convicted—6 executed, 2 received long prison terms because they gave up information

Article I, Section 8, Clause 9 Congress has the authority to constitute inferior tribunals to the supreme court Created in 1988 Chief Judge and up to 6 associate judges Appointed by the President and confirmed by the Senate for 15-year terms This court hears appeals from the Board of Veterans Appeals in the Department of Veterans Affairs

This court deals with veterans who claim the VA has mishandled valid claims for veterans’ benefits Appeals from this court can be taken to the Court of Appeals for the Federal Circuit

Acting under its power to tax, Congress created this court in 1969 Independent judicial body in the legislative branch It is not part of the federal court system 1 Chief Judge and 18 associate judges nominated by the President and confirmed by the Senate for 15-year terms This court hears civil cases involving disputes over the tax code

Most of the cases are generated by the Internal Revenue Service This court’s decisions may be appealed to the federal court of appeals THE END