THE Federal Court System… Jurisdiction Original jurisdiction Appellate jurisdiction Concurrent jurisdiction Constitutional courts District courts Courts.

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Presentation transcript:

THE Federal Court System… Jurisdiction Original jurisdiction Appellate jurisdiction Concurrent jurisdiction Constitutional courts District courts Courts of Appeals Legislative courts

WHO HEARS THE CASE?...jurisdiction Federal law Treaties Interpretation of the Constitution Supreme Court 5 th Circuit Ct of Appeals Dallas Lower Federal Court

STRUCTURE – Judiciary Act 1789 Constitutional Article III Fed courts Supreme Court District courts 80% Courts of Appeals Ct of App for 5 th Cir US ct of Int’l Trade Legislative special/narrow Territorial cts US Tax Court US Ct of Appeals for the Armed Forces Cases fr Article I

Judiciary Act of district courts (Ec state has 1) 13 cts of appeal (1891) 94 Your book has it listed at 91…we have added 3 since printing!!!

tandingtheFederalCourts/CourtofAppeals.aspx

Only court established by the Constitution!!!!!!!!!!!!!!!!!!

3/26/2012 Chief Roberts Bush 2005 (57) Kennedy Reagan 1988 (75) Ginsberg Clinton 1993 (79) Scalia!!!!*** Reagan 1986 (76) Thomas Bush Sr 1991 (63) Sotomayor Obama 2009 (57) Breyer Clinton 1994 (73) Alito Bush 2006 (62) Kagan Obama 2010 (51) Obama 2 Clinton 2 Bush Sr 1 Bush Jr 2 Reagan 2 HIGHEST COURT IN THE JUDICIAL SYSTEM ORIGINAL & APPELLATE JURISDICTION STRONG IMPACT ON SOCIAL, ECON, & POLITICAL SIZE SET BY CONGRESS IN 1869 NOMINATED BY POTUS / CONFIRMED BY SENATE

Politics of Judicial Selection Senate MUST confirm by majority vote “during good behavior” – for life! Senatorial Courtesy POTUS fails 20% of time CONGRESS sets size (9 in 1869 = same today) 52-48

Backgrounds…5-4 (R) Lawyers, white men (6) >90% same party “pack the courts” 1 st Mon in Oct – July Rule of Four POTUS Johnson POTUS Reagan Party Philosophy Race Gender Religion Region Experience “Litmus test” Acceptability: ABA, IGs, & other justices O’Connor (1981) 76 (2006) Marshall (1967) 83 (1991) Died 1993

Which cases? RULE OF FOUR Few hundred are heard Most denied BRIEF ORDERS Returned to lower court Recently related case WRIT OF CERTIORARI Sup Ct orders a lower court to send up the records of a case for review; interpret law OR decide a Constitutional question CERTIFICATE Lower court may ask the Sup Ct about a rule of law or procedures in specific cases #7C & #7D

1. Briefs & Oral Arguments 2. Research & Conferences 3. Writing Opinions BRIEF AMICUS CURIAE BRIEF LAW CLERKS PRIVATE MEETINGS INFORMAL POLL WRITTEN DECISION…

OPINIONS 1.MAJORITY OPINION: Chief Justice selects who will write 2.CONCURRING OPINION 3.DISSENTING OPINION: Most senior justice of majority selects who writes if Chief is with the minority opinion. 4.PRECEDENTS: standards/guides to be followed in similar cases in the future

Courts as Policy Makers WARREN COURT ( ) – most liberal court ever Brown v Board (1954) Gideon v Wainwright (1963) (attorney) Miranda v AZ (1966) (rights) BURGER COURT ( ) – conservative ideology Roe v Wade (1973) US v Nixon (1974) (EXECUTIVE PRIVILEGE) Regents of CA v Bakke (1978) (quotas, but kept affirmative action)

Courts as Policy Makers REHNQUIST & ROBERTS COURT (1986-present) – also conservative Planned Parenthood v Casey (1992) *In 2007, the Roberts Court upheld the federal Partial-Birth Abortion Act of 2003 in Gonzales v. Carhart (method NOT access)

UNDERSTANDING THE COURTS Judicial Selection: POTUS/Senate - “during good behavior” – Senatorial Courtesy Supreme Court: What POTUS considers Majority/Concurring/Dissenting OPINIONS NEW DEAL ERA!!!!!!!!: laws designed to end the Depression & court said unconstitutional (too conservative) FDR’s ‘court packing plan’ or ‘the switch in time to save nine’ Judicial Philosophy: Activism vs Restraint

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