1. Powers of the Federal Courts
Unit 6 Notes

5. Jurisdiction of the Courts
Jurisdiction – ones authority
State Courts have jurisdiction over state laws
Federal Courts have jurisdiction over federal laws
Sometimes the Jurisdiction of Federal Courts and State Courts overlap – Concurrent Jurisdiction
Federal Court has the right overrule or take over these types of cases

7. Jurisdiction of the Courts
Jurisdiction for Federal Courts
Cases involving:
Ambasadors or members from foreign governments
Two or more states – (disputes between states)
Federal Government Agencies
Citizens from different states
State and a citizen from a different state
State and citizen from foreign country

8. Developing Supreme Court Power
Precendents
Judges or Justices aren’t allowed to seek out cases, they have to wait for litigants (lawyers & clients) to bring cases to them.
Supreme court will only determine cases, they will NOT answer legal questions.
George Washington had Thomas Jefferson ask John Jay what they should do with England and American neutrality . . .
“We have considered the previous question stated in a letter written by your direction to us by the Secretary of State We exceedingly regret every event that may cause embarrassment to your administration, but we derive consolation from the reflection that your judgment will discern what is right.”
The Supreme Court should not be Political!
Determining right and wrong should not be fleeting, it is not a popularity contest, and should just be based upon justice

10. Developing Supreme Court Power
Marbury v. Madison
Chief Justice John Marshal
Establish Judicial Review
The power of the courts to decide if a law or governmental action is constitutional or unconstitutional
John Marshall’s Influence
Expanded the courts power
McCulloch v. Maryland
States could not hamper National Interests
Fletcher v. Peck
Supreme Court can decide if state laws are unconstitutional

11. Developing Supreme Court Power
Due Process Clause (next page = important)
no state may deprive any person of life, liberty, or property without the due process of law
The state is a servant of the law
When harming a person, the government must follow the exact steps of the law (set by the court system)
Slaughterhouse Cases
Decided that citizen rights would be protected by the Federal Government, rather than state governments
Plessy v. Ferguson
Established “Separate But Equal.”
Overturned by “Brown v. Board of Education”

12. Due Process Derived from the 5th and 14th Amendment
Original Due Process (enumerated)
Life, Liberty, and Property
Substantive Due Process (unenumerated)
All laws Must be Fair
Fairness includes other things that might be considered to be "rights”
Procedural Due Process
The methods that the government use (to prosecute you) must be fair