Chapter 11: The Chapter 11: The Federal Court System Federal Court System

Section 1: Powers of the Federal CourtsSection 1: Powers of the Federal CourtsSection 2: Lower Federal CourtsSection 2: Lower Federal CourtsSection 3: The Supreme Court Section 3: The Supreme Court

Section 1: Powers of the Federal Section 1: Powers of the Federal Courts Courts

I: Jurisdiction of the CourtsI: Jurisdiction of the CourtsA. The U.S. has a _______ court systemA. The U.S. has a _______ court system

__________courts__________courts__________courts__________courts

B. State courts have jurisdiction over cases B. State courts have jurisdiction over cases involving STATE laws. involving STATE laws.

Many state court judges are Many state court judges are __________.__________.

Federal court judges are Federal court judges are _____________._____________.

C. _________ courts have jurisdiction over cases C. _________ courts have jurisdiction over cases involving U.S. laws, foreign treaties, and cases involving U.S. laws, foreign treaties, and cases that involve how to interpret the Constitution. that involve how to interpret the Constitution.

Types of Jurisdiction Types of Jurisdiction

1. ___________ jurisdiction1. ___________ jurisdiction Court the case goes to _________. This Court the case goes to _________. This

depends on ______________________and/or depends on ______________________and/or where the _____________________ are from. where the _____________________ are from. Courts that have original jurisdiction are Courts that have original jurisdiction are TRIAL courts.TRIAL courts.

If you lose your case, you can appeal to a If you lose your case, you can appeal to a court with. . .court with. . .

2. ___________________ Jurisdiction2. ___________________ Jurisdiction 3. Concurrent Jurisdiction (what’s that?) 3. Concurrent Jurisdiction (what’s that?)

Where did the Supreme Court Get Where did the Supreme Court Get its Power?its Power?

Article _________ is vagueArticle _________ is vague The Supreme Court’s power has The Supreme Court’s power has

developed over time. . .developed over time. . . Marbury v. Madison established the Marbury v. Madison established the

court’s power of __________________court’s power of __________________ _________________ was the first Chief _________________ was the first Chief

Justice of the Supreme Court. He used Justice of the Supreme Court. He used the court’s early cases to establish and the court’s early cases to establish and expand Supreme Court authority (set expand Supreme Court authority (set precedent/establish case law)precedent/establish case law)

Examples of Marshall Court Examples of Marshall Court ActivismActivism

Marbury v. Madison Marbury v. Madison Fletcher v. PeckFletcher v. Peck Dartmouth College v. WoodwardDartmouth College v. Woodward Gibbons V. OgdenGibbons V. Ogden

Why is each of these cases historically Why is each of these cases historically important? Review the case description in important? Review the case description in the back of your book. the back of your book.

Other Important Eras in Supreme Other Important Eras in Supreme Court HistoryCourt History

A.A. The Taney Court The Taney Court Was known for Was known for ___________________rights___________________rights

Dred ScottDred Scott case as an example case as an example

B.B. The Court and Due ProcessThe Court and Due ProcessThe “Civil War” or “Reconstruction” The “Civil War” or “Reconstruction” amendmentsamendments

Expansion of these amendments to Expansion of these amendments to ________________________________________________________________

Important Court Eras continued Important Court Eras continued

The Court and ________________The Court and ________________ Granger cases Granger cases Slaughterhouse CasesSlaughterhouse Cases U.S. v. E.C. Knight and CompanyU.S. v. E.C. Knight and Company Debs v. United StatesDebs v. United States ““sick chicken” case sick chicken” case Because of the Supreme Court’s habit of Because of the Supreme Court’s habit of

ruling against his legislation, President ruling against his legislation, President Franklin D. Roosevelt attempted to Franklin D. Roosevelt attempted to “_______” the court with his appointees. “_______” the court with his appointees.

Important Eras continued Important Eras continued

The Warren Court (1953-1969)The Warren Court (1953-1969) Chief Justice Earl Warren’s court focused Chief Justice Earl Warren’s court focused

on __________ ________of citizenson __________ ________of citizens The Warren Court’s landmark case was The Warren Court’s landmark case was

Brown v. Board of Education of TopekaBrown v. Board of Education of Topeka (1954)(1954)

Other cases involved protecting the Other cases involved protecting the rights of those rights of those ______________________________. ______________________________.

Section 2: Lower Federal CourtsSection 2: Lower Federal Courts

I.I. Constitutional CourtsConstitutional Courtsa. Federal district courts serve as trial a. Federal district courts serve as trial courts for both _______ and ____________casescourts for both _______ and ____________cases

There are currently ______ federal district courts. There are currently ______ federal district courts. 1. ____________ cases are ones in 1. ____________ cases are ones in

which someone is being prosecuted for which someone is being prosecuted for having broken a law.having broken a law.

2. A _________ case is when two 2. A _________ case is when two people are suing each other or a person and people are suing each other or a person and the government are in a dispute. the government are in a dispute.

Constitutional Courts continued Constitutional Courts continued

Criminal cases have 2 types of juries:Criminal cases have 2 types of juries: ______ jury______ jury Petit or ________ juryPetit or ________ jury

If you lose your case, you can If you lose your case, you can _________._________. There are 13 federal courts of appeals.There are 13 federal courts of appeals. Which appellate district is Alabama in?Which appellate district is Alabama in? See p. 314See p. 314

Legislative CourtsLegislative Courts

These are courts created by These are courts created by Congress to deal with specific types Congress to deal with specific types of issuesof issues ________________________________________________ ________________________________________________ Federal Intelligence Surveillance Court Federal Intelligence Surveillance Court

(FISA)(FISA) ________________________________________________

Selection of Federal Judges: What Selection of Federal Judges: What do Presidents Look For? do Presidents Look For?

The president has the power to appoint all The president has the power to appoint all federal judges (with the approval of the federal judges (with the approval of the Senate) according to the Constitution. Senate) according to the Constitution.

Presidents usually appoint judges from Presidents usually appoint judges from _____________________________ or _____________________________ or _____________________on major issues._____________________on major issues.

Presidents follow _________________when Presidents follow _________________when nominating judges. nominating judges.

Federal judges are appointed __________. Federal judges are appointed __________. They keep these jobs until they ______, die They keep these jobs until they ______, die or are ______________. or are ______________.

Section 3:The Supreme CourtSection 3:The Supreme Court

What is the jurisdiction of the “highest court What is the jurisdiction of the “highest court in the land?”in the land?”

Has both appellate and original jurisdictionHas both appellate and original jurisdiction Original jurisdiction involving. . .Original jurisdiction involving. . .

Representatives of ______________________Representatives of ______________________ Lawsuits between ____________or between a state and the Lawsuits between ____________or between a state and the

federal government, as in federal government, as in McCulloch v. MarylandMcCulloch v. Maryland Very few of the cases the court hears every year are Very few of the cases the court hears every year are

___________ jurisdiction cases (only about 5 of the 100 or so ___________ jurisdiction cases (only about 5 of the 100 or so cases the court hears.)cases the court hears.)

Has appellate jurisdiction over cases fromHas appellate jurisdiction over cases from Lower courts _______________Lower courts _______________ Federal district courts in certain cases (when an act of Federal district courts in certain cases (when an act of

Congress has been found unconstitutional)Congress has been found unconstitutional) _______________________courts in cases involving federal _______________________courts in cases involving federal

laws or the Constitution. laws or the Constitution.

Supreme Court Justices Supreme Court Justices

How many are there? How many are there? 1 chief justice 1 chief justice

John Roberts John Roberts (09/29/05)(09/29/05)

8 associate justices8 associate justices Samuel Alito Samuel Alito

(01/31/06)(01/31/06) Stephen Breyer Stephen Breyer

(08/03/94)(08/03/94) Ruth Bader Ginsberg Ruth Bader Ginsberg

(08/10/93)(08/10/93) Clarence Thomas Clarence Thomas

(10/23/91)(10/23/91)

Associate justices Associate justices continued continued David Souter David Souter

(10/09/90)(10/09/90) Anthony Kennedy Anthony Kennedy

(02/18/88(02/18/88 Antonin Scalia Antonin Scalia

(09/26/86)(09/26/86) John Paul Stevens John Paul Stevens

(12/1975)(12/1975)

Congress and the CourtCongress and the Court _______________sets the number of the justices on _______________sets the number of the justices on

the court. There have been _____since __________.the court. There have been _____since __________. Justices’ salaries are set by Congress and may not Justices’ salaries are set by Congress and may not

reduce it.reduce it. Congress may remove justices by _____________them Congress may remove justices by _____________them

(treason, bribery)(treason, bribery) The Constitution says little about what the justices The Constitution says little about what the justices

are supposed to do, so their jobs have evolved over are supposed to do, so their jobs have evolved over time. time.

Their main duty is to ____________________________.Their main duty is to ____________________________. The chief justice provides leadership by presiding The chief justice provides leadership by presiding

over ____________ and _____________, which is when over ____________ and _____________, which is when the justices discuss cases among themselves. the justices discuss cases among themselves.

________________ assist the justices in their ________________ assist the justices in their work. work.

Who Becomes a Supreme Court Who Becomes a Supreme Court Justice?Justice?

Most are ________in their 50s or 60s.Most are ________in their 50s or 60s. One woman, one African-American One woman, one African-American

on the current court.on the current court. Most have been ________ or ________ Most have been ________ or ________

judges or been state attorney judges or been state attorney generals. generals.

Appointing JusticesAppointing Justices The Constitution gives the president the The Constitution gives the president the

authority to appoint Supreme Court justices authority to appoint Supreme Court justices subject to Senate confirmation (how is this an subject to Senate confirmation (how is this an example of checks & balances?)example of checks & balances?)

The President’s choices are usually confirmed, The President’s choices are usually confirmed, but there’s no guarantee--even Washington had but there’s no guarantee--even Washington had one of his nominees rejected. one of his nominees rejected.

The President solicits suggestions from top The President solicits suggestions from top Justice Dept. officials, the ________________ and Justice Dept. officials, the ________________ and key Senators (senatorial courtesy) key Senators (senatorial courtesy)

The ______ is also involved in evaluating the The ______ is also involved in evaluating the professional qualifications of the nominee. professional qualifications of the nominee. __________________, _________________, ______________________________, _________________, ____________

Other Influences on Nominating Other Influences on Nominating JusticesJustices

Key ____________________ play a roleKey ____________________ play a role NAACPNAACP NOWNOW

The other ____________ on the Court also The other ____________ on the Court also play a roleplay a role Write letters of recommendationWrite letters of recommendation May contact the president directly on behalf of May contact the president directly on behalf of

a candidate a candidate Ex. Chief Justice Burger and Harry BlackmunEx. Chief Justice Burger and Harry Blackmun Sandra Day O’Connor and William Rehnquist Sandra Day O’Connor and William Rehnquist