1. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Section 1: The Federal Court System The American Court System A Dual Court System Constitution set up federal court system to clarify rulings between state courts and set national standard. Authority of state and federal court systems from different sources: powers of state courts from state constitutions and state laws; authority of federal courts from Constitution and federal law Jurisdiction State courts have jurisdiction over state law; federal courts have jurisdiction over federal law. Court that first hears a case has original jurisdiction; if appealed to another court, that court has appellate jurisdiction. Federal courts have exclusive jurisdiction over matters involving U.S. Constitution Cases involving residents of different states and sums above $75,000 fall under concurrent jurisdiction, both state and federal courts; plaintiff may file case in either state or federal court

2. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Judiciary Act of 1789 Outlined three-tiered system of federal courts; has remained virtually the same since original proposal Supreme Court is at top; below are circuit courts, district courts District Courts Each state must have one district court District courts have original jurisdiction over most federal cases Structure of the Federal Court System The Constitution left much of the structure of the U.S. federal court system to the discretion of Congress.

3. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Courts of Appeals Originally circuit courts, courts of appeals hear appeals from district courts and some federal agencies 12 circuits with a court of appeals in each circuit The Supreme Court Supreme Court is mainly an appellate court; has original jurisdiction over some cases as outlined in the Constitution Court chooses which cases it hears; usually concern issues of constitutionality Other Courts Some other courts created by Congress, known as Article I courts, have limited jurisdiction Structure of the Federal Court System {continued}

4. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Legal Expertise Most judges have been lawyers Judicial Philosophy Presidents usually nominate judges with similar judicial philosophy Judicial restraint: judges interpret Constitution based on Framers’ original intention Judicial activism: meaning of Constitution should be adapted to meet modern needs Most judges respect precedent Appointing Federal Judges Presidents usually consider four items when nominating a federal judge: legal expertise, party affiliation, judicial philosophy, and the opinions of the Senate. Party Affiliation Presidents usually nominate judges from their political party

5. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Appointing Federal Judges {continued} Opinions of the Senate President consults senators before making judicial nominations Tradition of senatorial courtesy: senator from same state as judicial nominee and same political party as president can block nomination to federal district court for almost any reason Individual senators cannot block nominations to courts of appeals or Supreme Court

6. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Judicial Review Primary check the judicial branch performs on executive and legislative branches Checks and Balances Checks on the Judiciary Appointment process is check on judiciary by executive and legislative branches Congress has power to impeach and remove judges from office Amendment process is legislative check on the judiciary

7. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice The Jurisdiction of District Courts Constitution mandates cases involving foreign governments, residents of different states be handled in district court Federal violations: from violation of employment laws to handled in district courts Panels of citizens called grand juries hear evidence in serious criminal cases. District courts have separate bankruptcy court Court Officials Judge is court’s highest official; judges instruct juries about law, make sure proper trial procedures are followed Magistrate judges oversee early hearings in criminal trials, also hear civil cases or minor criminal cases called misdemeanors Clerks of the court handle non- judicial tasks, maintaining records Section 2: Lower Federal Courts Federal District Courts The 94 federal court districts handle more than 300,000 cases per year.

8. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Other Courtroom Officials Each federal court district has a U.S. attorney to represent the U.S. government. U.S. attorneys prosecute individuals charged with federal crimes. Public defenders are lawyers appointed by court to represent defendants who lack money to hire their own. U.S. marshals provide security and police protection at federal courthouses. Federal District Courts {continued}

9. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Federal Courts of Appeals Appeals Court Procedure Most appeals heard by panel of judges, reviews court record and reads briefs; appeals courts rely on facts of original case, do not retry Burden of proof lies with appellant; cases mostly overturned only when improper procedure was followed Appeals Court Ruling Court’s ruling usually stands; occasionally reviewed by larger panel of judges or returned to district court for more hearings The Federal Circuit Court of Appeals for Federal Circuit has nationwide appellate jurisdiction: cases dealing with patents, trademarks, government contracts, international trade Purpose of the Courts of Appeals Appeals courts: middle tier in hierarchy of federal court system Hear cases on appeal from district courts within their circuit Few appeals succeed

10. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Other Federal Courts U.S. Tax Court Hears cases involving federal tax disputes U.S. Court of Federal Claims Hears cases involving disputes over veterans’ benefits The Federal Circuit Hears cases involving claims over $10,000 owed by U.S. government. United States has sovereign immunity In some circumstances the government can be sued U.S. Court of International Trade Hears cases involving laws and rules of international trade

11. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice National Security Courts Foreign Intelligence Surveillance Court reviews requests to spy on “agents of a foreign power” in U.S. Alien Terrorist Removal Court reviews requests to remove suspected terrorists from U.S. Military Commissions Outside normal judicial system, rulings may be challenged in federal court Washington, D.C., and Territorial Courts Congress created trial and appellate courts in locations outside federal system U.S. Court of Appeals for the Armed Forces Hears cases involving appeals from courts-martial, or military courts Other Federal Courts {continued}

12. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Section 3: The Supreme Court Highlights of Supreme Court History The Marshall Court Chief Justice John Marshall established that courts have power of judicial review. Marshall led Supreme Court for more than 30 years; Court decisions expanded power of federal government, helped shape U.S. economy Early Visions Constitution does not explicitly define roles or structure of Supreme Court Hamilton’s writings in The Federalist explained critical role of Supreme Court in providing checks on executive and legislative branches Dred Scott Supreme Court sided against Scott, held he was still a slave Court ruled: Congress did not have power to outlaw slavery in territories; therefore Missouri Compromise unconstitutional Court’s decision in Scott increased tensions leading up to Civil War

13. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice From Reconstruction to Plessy Economic regulation and civil rights dominated Supreme Court Court’s narrow interpretation of 13th, 14th, 15th Amendments left to states protection of newly freed African Americans’ civil rights Court made much regulation of economy unconstitutional The Court and the New Deal Court continued to quash efforts at economic regulation Court found many New Deal programs unconstitutional, eventually deferred to Congress regarding economic measures Court became more liberal during Roosevelt’s time in office From the 1950s to the Present Court under Chief Justice Earl Warren was considered activist Achieved many civil rights victories, including landmark Brown decision mandating desegregation of public schools Today Court is more conservative

14. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Choosing a Nominee Constitution: no formal requirements for Supreme Court justices; most justices have served in government, had legal background Presidents typically nominate individuals from same political party who share their judicial philosophy Presidents first gauge Senate support or opposition for nominee Confirmation Hearings Confirmation process: Senate Judiciary Committee questions nominee; nominees hesitant to share opinions on controversial issues After hearing, committee votes on nomination; full Senate vote usually matches committee’s; most nominees are confirmed Choosing Supreme Court Justices

15. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice The Term Begins Court session from October until June or July Justices work in two-week blocks, first hearing arguments from lawyers and then ruling on cases presented Each justice has four law clerks as assistants Selecting Cases Court usually chooses which cases it hears; most cases come from federal court of appeals; others from high state courts or are cases of Supreme Court’s original jurisdiction If Court grants appellant a writ of certiorari, it agrees to hear the case; if denied, lower court’s ruling stands If case is on Court’s docket, usually it deals with important issue of constitutional or federal law Supreme Court Procedures

16. Copyright © by Houghton Mifflin Harcourt Publishing Company Next Previous Chapter 8 US Government: Principles in Practice Briefs and Oral Arguments Justices first study briefs, then hear oral arguments; lawyers usually have 30 minutes to present their side of a case Opinions Chief justice leads discussion of case in private; Court issues formal, written opinion exploring issues, precedents, reasoning behind majority opinion Concurring opinions sometimes accompany majority opinion; justices who disagree with majority opinion may issue dissenting opinion Court Orders Supreme Court gives plenary review to about 100 cases per term Where Court does not fully review a case, it may issue court order directing lower court to reconsider Supreme Court Procedures {continued}