Is the authority of the courts to hear certain cases Under Constitution, federal courts have...
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Transcript of Is the authority of the courts to hear certain cases Under Constitution, federal courts have...
Jurisdiction Is the authority of the courts to hear certain
cases Under Constitution, federal courts have
jurisdiction in cases regarding› Federal law› Treaties› Interpretation of
the Constitution
Original Jurisdiction: have authority to hear cases for 1st time – lower courts› In federal system: district courts & S Court (in
limited cases)› Where trials are conducted, evidence presented,
juries determine outcome
Appellate jurisdiction: courts that hear reviews or appeals of decision in lower court› Court of Appeals & S Court
Concurrent jurisdiction: allows certain types of cases to be tried in either federal or state court
Structure of the Judicial System Constitutional Court: federal courts created
by Congress under Article III & S Court› Included: district courts, Court of Appeals, Court of
Appeals for Federal Circuit, U.S. Court of International Trade
Congress has created legislative courts to hear cases arising from powers given to Congress under Article I› Have narrower range of authority than
constitutional courts› (Territorial Courts, U.S. Tax Court, U.S. Court of
Appeals for the Armed Forces)
District Courts› Created under Judiciary Act of 1789› Serve as trial courts at federal level› Every state has at least 1 district court
Currently 94 districts› Have original jurisdiction; do not hear appeals› Decide civil & criminal cases arising under the
Constitution, federal laws, treaties› > 80% of all federal cases heard here
Courts of Appeals› Created 1891 to lessen work load of S Court› Decide appeals from district courts & reviews
decisions of federal administrative agencies› States divided into circuits, or geographic judicial
districts Washington DC Federal Circuit – hears cases involving federal
agencies 13 Courts of Appeals
› Appellate jurisdiction only May only review cases already decided by a lower
court› Panel of judges
Supreme Court› Only court actually created by Constitution› Highest court in federal judicial system› Final authority in dealing w/ questions from
Constitution, federal laws, treaties› Original and appellate jurisdiction
Most cases are on appeal Writ of certiorari grants – cases granted an appeal hearing
from lower federal courts Cases may come directly to S Court from:
State supreme courts Federal law or Constitution is involved Representatives of a foreign gov’t are involved Certain types of cases were a state is a party
› Congress established current size of S Court at 9 in 1869 8 associates, 1 chief
All nominated by president & confirmed by Senate Current members:
Chief: John Roberts (2005) Associates: Ruth Bader Ginsburg (1993), Stephen Breyer
(1994), Antonin Scalia (1986), Clarence Thomas (1991), Samuel Alito (2006), Anthony Kennedy (1988), Sonia Sotomayor (2009), Elena Kagen (2010)
Judicial Selection Federal judges appointed by president,
confirmed by Senate No formal qualifications Serve “during good behavior” generally
means life› To allow judges to be free from political
pressures when deciding cases› May be removed through impeachment,
conviction
Lower Courts› Dept of State & White House staff handle these
b/c of number of nominations› Senatorial courtesy: practice of allowing
individual senators who represent state where district is located to approve or disapprove potential nominees Traditionally used to make appointments to district
courts b/c Courts of Appeals cover several states, less
senatorial influence & senatorial courtesy doesn’t play a role in nomination process
Supreme Court› Higher visibility & importance demands greater
attention from president to nomination of justices Presidents only make an appointment if a vacancy
occurs during their term› Things presidents consider when making
appointments:
Party affiliation – choosing judges from own political party From FDR to G. W. Bush (except Ford) – 90% of lower federal
court judges came from own party
Judicial philosophy – appointing judges who share political ideology Constitutional precedent, judicial activism, legal writings, past
decisions
Race, gender, religion, region – bring balance to the court or satisfy certain segments of society Increasing number of minorities, women
Judicial experience – previous experiences as a judge in district, appeals, state courts
“litmus test” – ideological purity toward liberal or conservative stand on certain issues (i.e. abortion)
Acceptability – noncontroversial & therefore acceptable to members of the Senate Judiciary Committee & the Senate American Bar Association – largest national organization of
attorneys are often consulted by presidents, rates nominees’ qualifications
Interest groups – support/oppose nominee based on his/her position on issues of importance to interest group; use lobbyists
Justices – endorsements from members of S Court
› Contested S Court appointments 1987: Reagan nominated Robert Bork, the
assistant attorney general when Nixon fired Attorney General Elliot Richardson for not firing Archibald Cox, the special prosecutor hired to investigate Watergate Bork did fire Cox Bork conservative jurist & believed in judicial restraint But his involvement in Watergate and some of his views
about minorities and affirmative action led to rejection by Senate
Being “Borked” – appointee who does not get approved by Senate b/c of ideological reason
1991: G. H. W. Bush nominated Clarence Thomas Anita Hill accused Thomas of sexual harassment Confirmation brought conflict between president’s
constitutional authority to nominate person he feels best qualified
Narrowly confirmed 52-48
2005: Sandra Day O’Connor retired, G. W. Bush appointed John Roberts Roberts very experienced – had clerked for Rehnquist,
served on the DC Circuit Court, argued cases before the S Court
but then Rehnquist died, so Bush changed appointment to be the Chief Justice
Roberts described himself as “strict constructionist” Became youngest Chief Justice since John Marshall