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Questions and Answers
What type of jurisdiction allows a court to have sole authority to hear a case?
Which of the following is NOT a specific case the Judicial Branch hears?
What establishes the authority of Congress to create Inferior Courts?
What is the primary role of Constitutional Courts?
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How can judges in Constitutional Courts be removed from their position?
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What is the primary purpose of the U.S. Court of Federal Claims?
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Which of the following statements about the Courts of Appeals is correct?
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What distinguishes the U.S. Court of Appeals for Veterans Claims from other courts?
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Which courts are considered Legislative or Special Courts established by Congress?
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Which statement regarding military commissions is accurate?
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Who nominates judges for federal courts?
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For how long are judges of Constitutional Courts appointed?
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What is one of the responsibilities of U.S. Attorneys?
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What distinguishes Judicial Restraint from Judicial Activism?
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Which body confirms judges nominated by the President?
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What term do U.S. Marshals serve?
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Which of the following is NOT a responsibility of U.S. Marshals?
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What is meant by Judicial Activism?
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What does Congress set for Federal judges?
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What do judges explain to the jury during a trial?
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Study Notes
Judicial Branch
- The Judicial Branch is the national court system interpreting and applying federal laws.
- State courts handle most of the nation's cases.
- The Articles of Confederation lacked a national court system.
Article III of the Constitution
- Article III of the Constitution creates the Judicial Branch.
- Article III Section 2 establishes the jurisdiction of the Judicial Branch, defining its authority to hear cases.
Cases Heard by the Judicial Branch
- The Judicial Branch hears cases involving violations of the Constitution, federal laws, and treaties.
- It also handles cases involving foreign nations suing the US government or citizens, foreign ambassadors and consuls, crimes on US ships at sea, crimes on federal property, disagreements between states, lawsuits between citizens from different states, and cases appealed from state supreme courts.
Types of Jurisdiction
- Exclusive Jurisdiction: A court has sole authority to hear a case.
- Concurrent Jurisdiction: Two or more courts (federal or state) have the authority to hear a case.
- Original Jurisdiction: A court where the case must be heard first.
- Appellate Jurisdiction: A court that hears an appeal of a case decided by a lower court.
Dual Court System Structure
- The Constitution establishes a dual court system with two types of federal courts: Supreme Court and Inferior Courts.
Supreme Court and Inferior Courts
- The Constitution establishes the Supreme Court in Article III.
- The Constitution grants Congress the power to establish Inferior Courts.
Constitutional Courts
- Constitutional Courts are established by Congress under the authority of Article III.
- They hear a wide range of civil and criminal cases involving federal laws, disputes between states, and disputes between residents of different states.
- Constitutional Court judges have protection from being fired, can only be removed through impeachment, and their salaries cannot be reduced.
Types of Constitutional Courts
- Constitutional Courts include:
- 94 District Courts
- 12 U.S. Courts of International Trade
- U.S. Court of Federal Claims
- U.S. Court of Appeals for Veterans Claims
Legislative or Special Courts
- Established by Congress under Article I for specific purposes, Legislative Courts have a narrow focus.
- They include:
- U.S. Court of Federal Claims
- Territorial Courts
- Courts of the District of Columbia
- U.S. Tax Court
- U.S. Court of Appeals for Armed Forces
- U.S. Court of Appeals for Veterans Claims
- Judges in these courts have fixed terms, can be removed, demoted, or have their salaries reduced.
Military Commissions
- Military commissions are sometimes established by Executive Orders to try enemy combatants.
- They have been used throughout US history, including during the Mexican-American War, the Civil War, World War II, and after 9/11.
- In 2006, the Supreme Court ruled that the military commission established by President George W. Bush at Guantanamo Bay was unconstitutional.
Judiciary Act of 1789
- Established the structure and jurisdiction of the Federal Court System. It remains mostly intact today.
Federal Court System
- Operates separately from the legislative and executive branches.
- Works with both branches as required by the Constitution.
Court Case Participants
- Plaintiff: The person who takes the case to court.
- Defendant: The person who the case is against.
- Cases are named after the plaintiff and defendant: Plaintiff versus Defendant (Example: South Dakota v. Wayfair).
Federal Court Personnel
- Each Federal Court is presided over by a judge (or panel of judges).
- Judges decide court procedure, explain the law to the jury, and decide the sentence if the accused is found guilty.
Judge Nomination and Confirmation
- The President nominates judges.
- The Senate confirms judges and can remove them through impeachment.
Judicial Compensation
- Congress sets pay and retirement benefits for Federal judges.
- Constitutional Court judges are appointed for life.
- Legislative or Special Court judges are appointed for a fixed term.
Judicial Philosophy
- Judicial Restraint: Judges decide cases based on the original intent of the Constitution, statute, or precedent.
- Judicial Activism: Judges interpret law based on changing conditions and values.
U.S. Attorneys
- Appointed by the President and confirmed by the Senate to four-year terms.
- Serve as chief Federal law enforcement officers for specific judicial districts.
- Responsible for the prosecution of Federal criminal cases, civil cases involving the US government, and the collection of debts owed to the Federal government.
U.S. Marshals
- Appointed to four-year terms by the District Courts.
- Serve as the enforcement arm of the Federal courts.
- Responsible for apprehending fugitives, serving subpoenas and legal papers, transporting federal prisoners, overseeing the federal witness protection program, securing jurors, and other duties assigned to them.
Magistrate Judges
- Appointed to eight-year terms to assist District Court Judges.
- Duties include overseeing first appearances of criminal defendants, setting bail, issuing arrest warrants, and other administrative responsibilities.
Court Staff
- Clerk of Court: Helps with the administration and operation of the court (docketing, case filing, document retrieval, managing the jury system, etc.).
- Court Reporter or Stenographer: Records verbatim the court procedures, files records with the Clerk of Court, and provides copies of the records upon request.
- Probation Officers: Investigate and supervise people who are on parole for Federal crimes.
The U.S. Supreme Court
- Established by Article III of the Constitution as the highest court in the nation.
- Mainly an appeals court that reviews cases from lower Federal courts and state courts.
Supreme Court Justices
- There are nine Supreme Court Justices (since 1869).
- Justices are nominated by the President and confirmed by the Senate.
- They serve for life and can only leave by death, retirement, or impeachment.
Supreme Court Justice Qualifications
- There are no Constitutional requirements to be a Supreme Court Justice.
Supreme Court Justice Compensation
- Chief Justice: $267,000 (in 2018).
- Associate Justice: $255,300 (in 2018).
- Benefits include health insurance and a pension.
Filling the Chief Justice Position
- When the Chief Justice position is vacated, the President can pick an Associate Justice or someone else for the position.
- The Senate must confirm the nomination.
Chief Justice Role
- The Chief Justice has greater influence in choosing what cases to hear, but their vote is equal to the other Associate Justices.
- Courts are usually named after the Chief Justice (currently – Roberts Court).
Supreme Court Original Jurisdiction
- Article III Section II gives the Supreme Court original jurisdiction for cases involving:
- Diplomatic representatives from other countries
- Disputes between a state and the Federal government
- Disputes between two states
Supreme Court Decisions
- Supreme Court decisions are final and cannot be appealed.
Judicial Review
- The power to declare laws or executive actions unconstitutional.
- Established by the 1803 Supreme Court decision in Marbury v. Madison.
Origins of Judicial Review
- Not specifically mentioned in the Constitution.
- Supported by Hamilton in Federalist Paper #78.
- Used by some state courts at the time the Constitution was written.
John Marshall and Judicial Review
- Chief Justice John Marshall (1801-1835) played a key role in establishing the power of Judicial Review for the Supreme Court.
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