1. The Structure of the Federal Courts

2. Structure of the Federal Courts What does the Constitution say in Article III? Provides for Supreme Court Specifies jurisdiction Provides details regarding juries/treason No mention of court structure…

3. Structure of the Federal Courts The Supreme Court is the only court required within the constitution… In Article I, sec. 8 (delegated powers)… “Congress shall have the power to constitute tribunals inferior to the Supreme Court.” (Structure is then created by Judiciary Act of 1789)

4. The Structure of the Federal Courts  Two kinds of federal courts were created by Congress to handle cases that the Supreme Court does not need to decide 1. Constitutional courts – exercise judicial powers found in Article III a. Judges serve during good behavior b. Salaries not reduced while in office c. Examples: District Courts (94), Courts of Appeals (12 circuits)

5. The Structure of the Federal Courts 2. Legislative courts a. Created by Congress for specialized purposes b. Judges have fixed terms c. Judges can be removed d. No salary protection Examples: Court of Military Appeals, Territorial Courts

6. Selecting Judges… 1. Judicial behavior a. Party background has a strong effect on judicial behavior *Democrats more likely to make liberal decisions, Republicans conservative b. Other factors also shape court decisions: facts of the case, prior rulings, legal arguments *Presidents are often surprised when a justices votes defiantly than expected

7. Selecting Judges… 2. Senatorial courtesy a. Appointees for federal courts are reviewed by senators from that state, if the senators are of the president’s party (particularly the U.S. district courts) b. Gives heavy weight to preferences of senators from state in which judge will serve Negative opinion of judge can kill nomination “Blue slip”—Senator’s opinion recorded on blue paper

8. Selecting Judges… 3. The “litmus test” a. Litmus test: a test of ideological purity b. Presidents seek judicial appointees who share their political ideologies c. Has caused different circuits to come to different rulings about similar cases *Example: at one point affirmative action was legal in the 9 th and illegal in the 5 th. d. Raises concerns that ideological tests are too dominant, and has caused delays in securing Senate confirmation e. Greatest impact on Supreme Court – no tradition of senatorial courtesy, President much more interested in nominees

9. Basic Judicial Requirements Jurisdiction Authority of a court to hear and decide a case Original Appellate Standing Sufficient stake in matter to justify bringing suit

10. Jurisdiction of the Federal Courts Dual Court system State systems Federal system Federal cases listed in Article III and Eleventh Amendment of the Constitution a. Federal question cases: involving U.S. Constitution, federal law, treaties b. Diversity cases: involving different states, or citizens of different states

11. Jurisdiction of the Federal Courts Some cases can be tried in either federal or state court  Example: if both federal and state laws have been broken (dual sovereignty; the Rodney King case)  Rodney King case: police officers tried in CA state court for assault. (acquitted) Then prosecuted in federal court for violating King’s civil rights (2 of 4 convicted)  Jurisdiction: each government has right to enact laws and neither can block prosecution out sympathy for the accused Some cases that begin in state courts can be appealed to Supreme Court  Supreme Court can overturn state rulings even when they had no jurisdiction over original matter  Controversies between state courts can only be heard by SC

12. Jurisdiction of the Federal Courts Essentially, there are 52 court systems in the United States Federal Each of 50 states Washington, D.C.

13. Three-Tiered Model 3 2 1

14. 1 2 3 Three Tiered Model: 1.U.S. District Courts, Specialized courts of limited jurisdiction 2.Intermediate U.S. Court of Appeals 3.Supreme Court

15. U.S. Circuit Courts of Appeal 13 12 hear appeals from federal district courts in their jurisdictions 1 (13 th Circuit or Federal Circuit) has national appellate jurisdiction over certain types of cases 3 or more judges; they review cases and determine if the trial court committed an error. There are currently 179 judges. Look at questions of law, not fact

17. Confirmation Process 1. Senatorial courtesy 2. Official Nomination 3. Senate Judiciary Committee hearings (“vetting process”) 4. Full Senate debate & vote

18. Factors Affecting Confirmation “Paper trail” = ideology President’s popularity Time remaining in President’s term Demographics Partisanship in Senate Stance on “stare decisis” Litmus test? Overall competence