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Constitutional Origins of the Federal Judiciary. The Federal Convention of 1787 Ratification Debates The Judiciary Act of 1789. An Independent Judiciary. Support for an independent judiciary in three-part system of government

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constitutional origins of the federal judiciary
Constitutional Origins of the Federal Judiciary
  • The Federal Convention of 1787
  • Ratification Debates
  • The Judiciary Act of 1789

Federal Judicial Center

an independent judiciary
An Independent Judiciary
  • Support for an independent judiciary in three-part system of government
  • Outline of judiciary emerged from debates in the Federal Convention

Federal Judicial Center

models and experience
Models and Experience
  • The British Model – judges served with lifetime tenure “during good behavior”
  • State Constitutions – service during good behavior, fixed salaries, beginnings of judicial review
  • No precedent for federal judiciary

Federal Judicial Center

madison s virginia plan
Madison’s Virginia Plan
  • One or more supreme courts and federal trial courts
  • Judges appointed by Congress, serve during good behavior, fixed salary
  • Council of Revision – judges and executive review legislation

Federal Judicial Center

defining the judiciary
Defining the Judiciary
  • Appointment of Judges
  • Judges’ Term of Office
  • Judges’ Salaries
  • Judicial Review
  • Federal and State Jurisdiction

Federal Judicial Center

appointment of judges
Appointment of Judges
  • President alone – too monarchical?
  • Congress – would they have the experience and knowledge?
  • Senate – would this insure judges from throughout the nation?
  • President, with Senate veto power?
  • President with advice and consent of the Senate

Federal Judicial Center

judges term of office
Judges’ Term of Office
  • Agreement on lifetime tenure “during good behavior”
  • What standard of good behavior?

Removal for misjudgments and errors?

Removal for crimes and misdemeanors?

Federal Judicial Center

removal of judges
Removal of Judges
  • Who decides if judges violated standard for good behavior?
    • Model of legislative recommendation, executive removal
    • Need for trial?
  • Impeachment by House of Representatives, Trial in Senate

Federal Judicial Center

judges salaries
Judges’ Salaries
  • Fixed salaries or increases to attract talent?
  • Would Congress use judicial salaries to pressure judges?
  • Fixed scale for increases?
  • No reductions in salary, but Congress could increase

Federal Judicial Center

council of revision
Council of Revision?
  • Madison: council of judges and the executive to counter legislative power
  • Would it violate separation of powers?
  • Should judges have role in framing legislation?

Federal Judicial Center

judicial review
Judicial Review
  • Expectations of Judicial Review
    • Delegates recognized judicial authority to void laws violating the Constitution
    • Belief that judges should only comment on laws after enactment
    • Constitution silent on judicial review – Veto power exclusive to President

Federal Judicial Center

lower federal courts
Lower Federal Courts
  • Federal courts or state courts as trial courts for cases involving federal jurisdiction?
  • Congress granted authority but not required to establish federal trial courts

Federal Judicial Center

federal court jurisdiction
Federal Court Jurisdiction
  • Jurisdiction over all cases under Constitution, federal laws, and treaties
  • Jurisdiction over disputes between states and between citizens of different states
  • Recognition of state courts’ jurisdiction in many areas

Federal Judicial Center

antifederalist critics
Antifederalist Critics
  • Federal courts a threat to state courts
  • Distant courts would put justice out of reach for many citizens
  • Threats to jury trials
    • No requirement for civil jury trials
    • No prohibition on retrial of criminal cases without a jury

Federal Judicial Center

the federalist defense
The Federalist Defense
  • Judiciary the “least dangerous branch”
  • Judiciary protects popular will
  • Life tenure and salary protections guard against political corruption
  • Supremacy of federal law ensures equal rights
  • National judiciary to protect national security

Federal Judicial Center

ratification
Ratification
  • State Conventions recommend amendments:
    • Protect rights to jury trials
    • Prohibit retrial of facts in criminal case
    • Protect citizens from burdensome suits in distant courts
    • Limit jurisdiction of federal trial courts
    • A Bill of Rights

Federal Judicial Center

judiciary act of 1789
Judiciary Act of 1789
  • Three tier system of federal courts
  • Recognition of Antifederalist critics
    • Shared jurisdiction with state courts
    • Acknowledged state borders and legal traditions
    • Supreme Court justices required to serve on regional federal courts

Federal Judicial Center

bill of rights
Bill of Rights
  • Focus on civil liberties and rights of criminal defendants
  • Rejected proposals to reorganize federal judiciary
  • Jury guaranteed in most civil and criminal trials
  • No retrial in federal courts of facts determined by a jury

Federal Judicial Center