1. The Federal Court System
A.O.C. ( )- 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.

2. 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 ( )
Did much to increase the power of the Court.

3. 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 Pres. J. Adams filled with Fed.

4. 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

5. 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

6. 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

8. 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

9. The Supreme Court

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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