structure and function of the judicial branch principles of gpa

Structure and Function of the Judicial BranchPrinciples of GPA

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History of the Judicial Branch

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• No national courts existed before the Constitution

• Each state interpreted and applied laws independently

• Court decisions in one state were ignored in another

• Constitution provides judicial power in

‒ One Supreme Court

‒ Inferior courts to be established by Congress

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Dual Court System

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• National judiciary

• Supreme Court

• Inferior courts

• Constitutional courts – most federal cases

• Special courts – narrow range

• States have their own court systems

• They number in the thousands

• Most cases are heard in state courts


Federal Court Jurisdiction

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• Limited by the Constitution to cases involving‒ Federal questions – the interpretation and application of a

provision of the Constitution or a federal statute or treaty

‒ Questions of admiralty – matters that arise on the high seas or navigable waters of the U.S.

‒ Questions of maritime law

‒ The U.S. or one of its officers or agencies

‒ An official representative of a foreign government

‒ A state suing another state or one of its residents

‒ A citizen of one state suing a citizen of another state


Types of Federal Court Jurisdiction

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• Exclusive

• Concurrent

• Original

• Appellate• Not retrying a case

• Determining whether a trial court has acted in accord with applicable law

• Appellate courts can uphold, overrule, or modify a decision appealed from the lower court


Selection of Federal Judges

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• Nominated by the President and appointed with consent of the Senate

• Since the Judiciary Act of 1789, Congress has provided the same procedure for the selection of all federal judges

• No age, residency, or citizenship requirements

• Tradition alone dictates educational or professional background in the law


Terms and Salary

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• Appointed for life

• Serve until they resign, retire, or die in office

• Life tenure ensures independence

• May be removed only through impeachment

• Congress sets their salaries


Inferior Courts

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• District Courts

• 667 judges in 94 districts

• Hear more than 300,000 cases annually

• 80% of the federal caseload

• Each state is at least one district; some are divided into two or more districts

• Hear both criminal and civil cases


Inferior Courts (continued)

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• Courts of Appeals

• Established by Congress to relieve the Supreme Court of the burden of hearing appeals

• 13 courts of appeals

• The U.S. is divided into 12 judicial districts

• Court of Appeals for the Federal Circuit is the 13th

• It has nationwide jurisdiction

• Mostly hears appeals of patent, copyright, and international trade cases


Court of International Trade

• Nine judges appointed by the President and the Senate

• Federal trial court• Tries civil cases arising out of customs and

other trade-related laws

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Supreme Court

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• Only court created by the Constitution

• Made up of Chief Justice and 8 associate judges

• On an equal plane with the President and Congress

• Final judicial authority

• The Constitution

• An act of Congress

• A treaty of the United States


Supreme Court (continued)

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• Judicial Review (continued)

• Established in Marbury v. Madison in 1803• The outgoing political party tried to stack the judiciary in its

favor

• William Marbury had been appointed justice of the peace on President Adams’ last day in office

• The next day, President Jefferson took office and halted the commission

• The Supreme Court sided with President Jefferson, stating the court-packing attempt was in conflict with the Constitution and, therefore, void

• Set the precedent that the Supreme Court can declare acts of Congress unconstitutional



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• Judicial Review (continued)

• Set the precedent that the Supreme Court can declare acts of Congress unconstitutional

• The Supreme Court has had a large impact on the meaning and effect of the laws



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• Jurisdiction

• Original

• Cases to which a state is a party

• Cases affecting ambassadors, other public ministers, and consuls

• Appellate

• Most of its cases

• From the lower federal courts and the highest state courts



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• Cases Reaching the Supreme Court

• Writs of certiorari

• Certificates

• Most cases come from the highest state courts and the federal court of appeals

• Very few come from the federal district courts


Resources• 9780133656329, Macgruder’s American

Government, McClenaghan, W., Pearson, Prentice Hall, 2008. (Ch. 18)

• “The Federalist 78” http://www.constitution.org/fed/federa78.htm

• Do an Internet search for the following: why Marbury v. Madison still matters


http://www.constitution.org/fed/federa78.htm

http://www.constitution.org/fed/federa78.htm

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