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Article III

Article III. The Judicial Branch The Federal Court System The Supreme Court. Jurisdiction of the Courts. Dual court system: state & federal State courts have jurisdiction over cases involving state laws.

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Article III

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  1. Article III The Judicial Branch The Federal Court System The Supreme Court

  2. Jurisdiction of the Courts • Dual court system: state & federal • State courts have jurisdiction over cases involving state laws. • Federal courts have jurisdiction over cases involving US laws, foreign treaties, and the Constitution. • Concurrent Jurisdiction

  3. Types of Jurisdiction • Original Jurisdiction: Court has the right to conduct the trial; finder of fact • Appellate Jurisdiction: Authority to review cases from lower courts; process only

  4. Supreme Court: Part I • Most powerful court in the world • Power developed from custom, usage, and history. • No federal court, including SC, can initiate action. • Federal courts can only decide cases; they c/n simply answer a legal question.

  5. Marbury v. Madison • Gave SC power to review acts of Congress (judicial review) • Chief Justice John Marshall expanded court’s power • Dealt with Judiciary Act and judicial appointments

  6. Due Process / Regulation • Reconstruction Amendments were applied to economic policy. • Plessy v. Ferguson: established “separate but equal” • Granger cases: ok’d state regulation of business • Brown v. Board: overturned Plessy

  7. Constitutional Courts • US District Courts: created by Congress as trial courts (94) • Two types of juries: »Grand Jury: hears charges and issues indictments »Petit Jury: sits in trial • US District Courts carry the majority of the work load in the federal system.

  8. Constitutional Courts(cont.) • US Courts of Appeals (13) • Ease workload of SC • Only appellate jurisdiction • Court of International Trade: hears cases dealing with tariffs.

  9. Legislative Courts • Help Congress exercise powers. » US Court of Federal Claims » United States Tax Court » US Court of Appeals for the Armed Forces » courts for the Dist. of Columbia » Court of Veteran’s Appeals » Foreign Intelligence Surveillance Court

  10. Selection of Fed Judges • President appoints all federal judges, including SC justices. • Share points of view on key subjects. • Senatorial Courtesy • Senate Confirmation process

  11. S.C. Jurisdiction • SC has both appellate and original jurisdiction. • Original jurisdiction over two types of cases: » Cases involving representatives of foreign governments. » Cases in which a state is a litigant.

  12. Supreme Court Justices • Congress sets the number. (9) • Congress sets the salary; it c/n be reduced. • May be removed by impeachment process. • Appointed for life. • Duties not defined in Constitution.

  13. Appointing Justices • Political considerations; party • American Bar Association rates nominees qualifications. • Interest groups lobby Senate. • Sitting justices may have influence; recommendations.

  14. Courts Procedures • Two week sessions • Hear oral arguments; meet in secret to make decisions. • Consider arguments, read petitions & briefs, then write opinions. • Decisions & opinions interpret law and help shape policy.

  15. Types of Opinions • Unanimous: all justices agree on decision & reasoning • Majority: most of justices agree on decision & reasoning • Concurring: agree on decision; different reasoning • Dissenting: disagree on decision

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