1. Chapter 11: The Federal Court System
Section 1: Powers of the Federal Courts
Section 2: Lower Federal Courts
Section 3: The Supreme Court

2. Section 1: Powers of the Federal Courts
I: Jurisdiction of the Courts
A. The U.S. has a dual court system
state courts
federal courts
B. State courts have jurisdiction over cases involving STATE laws.
Many state court judges are elected.
C. Federal courts have jurisdiction over cases involving U.S. laws, foreign treaties, and cases that involve how to interpret the Constitution.

3. Types of Jurisdiction 1. Original jurisdiction
Court the case goes to FIRST. This depends on what the case is about and/or where the plaintiff/defendant are from. Courts that have original jurisdiction are TRIAL courts.
If you lose your case, you can appeal to a court with. . .
2. Appellate Jurisdiction
3. Concurrent Jurisdiction (what’s that?)

4. Where did the Supreme Court Get its Power?
Article III is vague
The Supreme Court’s power has developed over time. . .
Marbury v. Madison established the court’s power of judicial review
John Marshall was the first Chief Justice of the Supreme Court. He used the court’s early cases to establish and expand Supreme Court authority (set precedent/establish case law)

5. Examples of Marshall Court Activism
Marbury v. Madison
Fletcher v. Peck
Dartmouth College v. Woodward
Gibbons V. Ogden
Why is each of these cases historically important? Review the case description in the back of your book.

6. Other Important Eras in Supreme Court History
The Taney Court
Was known for strengthening states’ rights
Dred Scott case as an example
The Court and Due Process
The “Civil War” or “Reconstruction” amendments
Expansion of these amendments to economic policy

7. Important Court Eras continued
The Court and Business
Granger cases
Slaughterhouse Cases
U.S. v. E.C. Knight and Company
Debs v. United States
“sick chicken” case
Because of the Supreme Court’s habit of ruling against his legislation, President Franklin D. Roosevelt attempted to “pack” the court with his appointees.

8. Important Eras continued
The Warren Court ( )
Chief Justice Earl Warren’s court focused on civil liberties of citizens
The Warren Court’s landmark case was Brown v. Board of Education of Topeka (1954)
Other cases involved protecting the rights of those accused of crimes.

9. Section 2: Lower Federal Courts
Constitutional Courts
a. Federal district courts serve as trial courts for both civil and criminal cases
There are currently 94 federal district courts.
1. criminal cases are ones in which someone is being prosecuted for having broken a law.
2. A civil case is when two people are suing each other or a person and the government are in a dispute.

10. Constitutional Courts continued
Criminal cases have 2 types of juries:
Grand jury
Petit or trial jury
If you lose your case, you can appeal.
There are 13 federal courts of appeals.
Which appellate district is Alabama in?
See p. 314

11. Legislative Courts
These are courts created by Congress to deal with specific types of issues
US Tax Court
Court of Veterans’ Appeals
Federal Intelligence Surveillance Court (FISA)
Armed Forces court

12. Selection of Federal Judges: What do Presidents Look For?
The president has the power to appoint all federal judges (with the approval of the Senate) according to the Constitution.
Presidents usually appoint judges from their own political party or who share their views on major issues.
Presidents follow senatorial courtesy when nominating judges.
Federal judges are appointed for life. They keep these jobs until they retire, die or are impeached.

13. Section 3:The Supreme Court
What is the jurisdiction of the “highest court in the land?”
Has both appellate and original jurisdiction
Original jurisdiction involving. . .
Representatives of foreign governments
Lawsuits between states or between a state and the federal government, as in McCulloch v. Maryland
Very few of the cases the court hears every year are original jurisdiction cases (only about 5 of the 100 or so cases the court hears.)
Has appellate jurisdiction over cases from
Lower courts of appeals
Federal district courts in certain cases (when an act of Congress has been found unconstitutional)
State supreme courts in cases involving federal laws or the Constitution.

14. Supreme Court Justices
How many are there?
1 chief justice
John Roberts (09/29/05)
8 associate justices
Samuel Alito (01/31/06)
Stephen Breyer (08/03/94)
Ruth Bader Ginsberg (08/10/93)
Clarence Thomas (10/23/91)
Associate justices continued
Sonia Sotomayor(8/8/09)
Anthony Kennedy (02/18/88
Antonin Scalia (09/26/86)
Elena Kagan (8/7/10)

15. Congress and the Court
Congress sets the number of the justices on the court. There have been 9 since 1869.
Justices’ salaries are set by Congress and may not reduce it.
Congress may remove justices by impeaching them (treason, bribery)
The Constitution says little about what the justices are supposed to do, so their jobs have evolved over time.
Their main duty is to hear and rule on cases.
The chief justice provides leadership by presiding over sessions and conferences, which is when the justices discuss cases among themselves.
Law clerks assist the justices in their work.

16. Who Becomes a Supreme Court Justice?
Historically, most are men in their 50s or 60s.
Three women (one Latina), one African-American on the current court.
Most have been federal or state judges or been state attorney generals.

17. Appointing Justices
The Constitution gives the president the authority to appoint Supreme Court justices subject to Senate confirmation (how is this an example of checks & balances?)
The President’s choices are usually confirmed, but there’s no guarantee--even Washington had one of his nominees rejected.
The President solicits suggestions from top Justice Dept. officials, the Attorney General and key Senators (senatorial courtesy)
The ABA is also involved in evaluating the professional qualifications of the nominee.
Well qualified, qualified, or not qualified

18. Other Influences on Nominating Justices
Key interest groups play a role
NAACP
NOW
The other Justices on the Court also play a role
Write letters of recommendation
May contact the president directly on behalf of a candidate
Ex. Chief Justice Burger and Harry Blackmun
Sandra Day O’Connor and William Rehnquist