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Copyright © by Houghton Mifflin Harcourt Publishing Company

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Chapter 8

US Government: Principles in Practice

Section 1: The Federal Court SystemThe 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


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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.


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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}


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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


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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


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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


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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 CourtsFederal District Courts

The 94 federal court districts handle more than 300,000 cases per year.


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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}


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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


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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


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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}


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Section 3: The Supreme CourtHighlights 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


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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


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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


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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


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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}

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