1. Federal Courts
Policy Makers

2. How does the federal courts operate?
intro
How does the federal courts operate?

3. Federal Courts
Article Three

4. Courts Constitution Article Three: Section 1
Creates a Supreme Court – the highest court in the United States
Congress has the power to set up lower courts how they see fit
Judges serve for life terms once appointed by the president and confirmed by the Senate
They serve “during good behavior” – they can be impeached like the president can
Like the president – their pay cannot be decreased

5. Courts Constitution Article Three: Section 2
Sets up the original jurisdiction of the Supreme Court
Cases involving ambassadors or public ministers, and maritime law
When the United States is involved, or when a state sues another state, or a state is sued by a citizen of another state
Criminal cases take place in the state where they are committed and have trial by jury

6. Courts Constitution Article Three: Section 3 Defines treason
Levying war against the US, or helping enemies of the US
Giving the enemies aid or comfort
Conviction requires 2 witnesses to the same act or an open confession in court
Congress can decide the punishment for treason

7. Courts Constitution Article 3 Recap The judicial branch is independent
The courts are given NO EXPRESSED POWERS
Structure of the court system is left up to Congress – it can be changed

8. Judicial Review
Federal Courts

9. This established “precedent” of judicial review
Courts
Judicial Review
Marbury V Madison
1801 Supreme Court case from John Marshall Court about “midnight judges”
Marbury was petitioning SCOTUS to issue a writ of mandamus, which orders an inferior part of govt to “do something”
Judiciary Act of 1789 gave court this power, John Marshall thought it conflicted with Article 3
This established “precedent” of judicial review

10. Courts Judicial Review Judicial Review
Ability of courts to review actions of other parts of the government and determine their constitutionality
When a law and the Constitution conflict, the law is no longer law
This gives the court power to determine the extent of the government’s power
This is the main check the courts have on the rest of the government

11. Courts Judicial Review Judicial Review
It is the inherent duty of the courts to interpret and apply the Constitution & determine if there is a conflict between a law and the Constitution
This idea is supported by arguments in Federalist #71
After Marbury the SCOTUS took on a monitoring role over govt actions
It did not strike down another federal law again until Dred Scott
JUDICIAL REVIEW DOES NOT AUTOMATICALLY MEAN STRIKE DOWN

12. Random Vocab
Federal Courts

13. Courts Vocabulary Forms of Law Criminal Law: A person violates a law
(State V Person’s Name)
Civil Law: Settling disputes between private parties (Person V Person)
Common Law: Law created as a result of a previous court decision (precedent)
Statutory Law: a statute – a law made by a legislative body
Administrative Law: a law made by an administrative body (bureaucracy)

14. Courts Vocabulary Litigants
Plaintiff – the person who brings a case to court
In criminal law, the state is the plaintiff
Defendant – the person who a case is brought against (or charged)
Jury can also be considered a litigant
Counsel – a lawyer who gets to speak on behalf of a litigant

15. This means the types of things that federal courts can rule on
Vocabulary
Justiciability
This means the types of things that federal courts can rule on
The court isn’t issuing an advisory opinion: meaning they answer a question presented to them by another part of the government
The issues must be “ripe” – it is an existing controversy; not a hypothetical
Cannot be “moot” – can’t decide an issue that has already been resolved
Won’t answer “political questions” – try to stay out of “politics” “Dems vs. Reps”

16. Courts Vocabulary In a case
Standing to sue – a person needs sufficient reason to bring charges
They have to be involved in the issue
Brief – a document that explains facts / arguments involved in a case
Precedent – a decision of the court used as an example for similar cases in the future

17. Bigly Ideas
Policy Makers

18. Courts Wrap Up Provisions of Article 3 Marbury V Madison
Judicial Review
Random Vocabulary
Focus on these things: