Court System Confusion! The National Judiciary

1. Court System Confusion! The National Judiciary

2. History 101 • Article of Confederation offered no national courts/ national judiciary • Up the the states individually • Decision between different states? People in different states? Confusion and Problem • One of the MANY reasons we Articles of Confederation And create the constitution-

3. So… • “Laws are a dead letter without courts to expound and define their true meaning and operation” –Alexander Hamilton • “The Judicial Power of the United States shall be vested in one supreme court and in such inferior courts as the congress may from time to time ordain and establish” -Article III Section 1 Meaning: Article III of constitution gives judicial branch its power, and one of the “checks” legislative branch has over the judicial branch is its ability to create inferior courts

5. DUAL Court System

6. Constitutional Courts • These are FEDERAL courts that Congress has formed • Also called “Regular Courts” • Include: • 94 District Courts • 12 US Courts of Appeals • US Court of Appeals for the Federal Circuit • US Court of International Trade

7. Special Courts • Also called “Legislative” Courts • Created by Congress • Hear cases arising out of some expressed powers given to Congress in Article I. • Hear much narrower cases than Const. Courts • Include: • US Court of Federal Claims • Territorial Courts • Courts of District of Columbia • US Tax Court • US Court of Appeals for the Armed Forces • US Court of Appeals for Veterans Claims

8. What is “Jurisdiction?” • “To say the law” • The authority of court to hear (try and decide) a case. • What makes a case FEDERAL cases?

9. Dollar Words (KEY TERMS!) • Plaintiff- person who files the suite, brings about the case • Defendant- person whom the complain is against • Original Jurisdiction: means that court heard the case first • Appellate Jurisdiction: hearing the case not first, may be a higher court, court of APPEALS- may overrule/modify decision • Exclusive jurisdiction: case can ONLY be heard in federal courts (exclusive)! • Concurrent jurisdiction: federal and state courts SHARE power to hear those cases.

11. Who serves on these courts? • Article II of the Constitution gives who the power to appoint Judges? • Judges on Supreme Court PLUS Judges in each of the inferior courts = just under 1000 people! • However the SENATE is also a major part of the selection process, senatorial courtesy. • Leading attorneys, legal scholars, law school professors, former members of congress, State Court judges • Party influences!

12. High Stakes! • Usually deciding questions of public policy • Judicial Restraint vs. Judicial Activism • Two ideas of how judges should conduct themselves • RESTRAINT: Original Intent of the Constitution and Precident • ACTIVISM: bold actions, law should be applied in the light of ongoing changes Which would Thomas Jefferson side with? Alexander Hamilton?

13. National Judiciary

14. Why? • Why appointed and not elected? • Why serve LIFE terms? • Why does the President appoint Judges? • Why do we have “state” crimes and “federal”?