The Judicial Branch of Government
 

  1. Jurisdiction of the Courts:
     
    1. The United States has a dual court system of state and federal courts.
      • State courts have jurisdiction over cases involving state laws.
      • Federal cours have jurisdiction over cases involving federal laws, foreign treaties, and the interpretation of the Constitution.
    2. In some cases, federal and state courts have concurrent jurisdiction.
    3. In the federal court system, trial courts are district courts that have original jurisdiction. Federal courts of appeals have only appellate jurisdiction, or authority to hear cases appealed from district courts.
     
  2. Developing Supreme Court Power:
     
    1. The Supreme Court has become the most powerful court in the world; its power developed from custom, usage, and history. See the History of the Court.
    2. No federal court, including the Supreme Court, may initiate action.
    3. Federal courts only determine cases; they never simply answer a legal question.
    4. Chief Justics Marshall's ruling in Marbury v. Madison (1803) gave the Court power to review acts of Congress - judicial review.
    5. Marshall broadened federal power at the expense of the states.
    6. Justice Roger B. Taney emphasized the rights of states and those of citizens.
     
  3. Due Process and Regulatory Power:
     
    1. The Supreme Court's rulings on the Reconstruction Amendments eventually applied these amendments to economic policy.
    2. In Plessy v. Ferguson (1896), the Court established the separate but equal precedent.
    3. In the Granger cases (1870s), the Court held that a state had the power to regulate railroads and other private property.
    4. After President Franklin D. Roosevelt's Court-packing scheme of 1937 failed, the justices began to uphold laws regulating businesses.
    5. Under Chief Justice Earl Warren, the Supreme Court emerged as a major force in protecting civil rights, beginning with Brown v. Board of Education of Topeka (1954).
     
  4. Lower Federal Courts:
     
    1. Federal district courts were created by Congress as trial courts for both civil and criminal cases.
    2. In criminal cases, there are two types of juries:
      • A grand jury, which hears charges against a person accused of a crime.
      • A petit jury (trial jury), which weighs the evidence presented at trial.
      • Jury Selection
    3. District courts carry the main burden in federal cases.
      • In the vast majority of cases, district courts render the final decision.
      • Many appointed officials provide services for district courts.
    4. The 12 courts of appeals ease the appellate workload of the Supreme Court.
      • The courts of appeals may decide to uphold the original decision, reverse the decision, or send the case back to the original court to be tried again.
    5. The Court of International Trade hears cases dealing with tariffs.
    6. Congress has created a series of legislative courts to help Congress exercise its powers.
     
  5. Selection of Federal Judges:
     
    1. According to the Constitution, the president has the power to appoint all federal judges, with the approval of the Senate.
    2. Presidents often appoint judges from their own political party.
    3. Presidents often appoint judges who share their own points of view on key issues.
    4. In selecting judges for district and other trial courts, presidents follow the practice of sensatorial courtesy.
    5. Most federal judges have had legal training; many have served as state court judges.
    6. Women and minorities have been appointed as judges in federal courts in increasing numbers since the 1980s.
     
  6. Supreme Court Jurisdiction:
     
    1. The Supreme Court has both appellate and original jurisdiction.
    2. The court consists of nine justices; eight associate justices and one chief justice.
    3. Congress sets the salary of the justices and may not reduce it.
    4. Congress may remove justices by impeachment for treason, bribery, or other high crimes and misdemeanors.
      • Justice Samuel Chase, 1796-1811, is the only member of the Supreme Court to have been impeached. But the Senate did not muster the two-thirds majority necessary to convict and remove him from the Court.
    5. The duties of justices:
      • Are not defined in the Constitution but have evolved from laws and through tradition.
      • The main duty is to hear and rule on cases.
      • The chief justice also provides leadership for the Court, presiding over sessions and conferences at which cases are discussed among the justices.
      • The justices also have limited duties related to the 12 federal judicial circuits; on occasion they may serve on high-level commissions.
    6. Law clerks chosen by the justices help them research cases, summarize key issues in cases, and assist in writing drafts of justices' opinions.
    7. Most justices have been federal or state judges or have held other legal positions such as attorney general; most have considerable legal experience, are in their 50s or 60s, and come from upper socioeconimic levels.
     
  7. Appointing Justices:
     
    1. Justices are appointed by the president and must be approved by the Senate; in the twentieth century most nominees have been confirmed.
    2. Political considerations often play a major part in presidential appointments to the Court, with members of the presidents' own party usually being named, if their prospects of winning Senate approval are good.
    3. The American Bar Association, a national organization in the legal profession, has played an important role in the selection of justices by rating nominees' qualifications.
    4. Interest groups such as organized labor, civil rights groups, and the National Organization for Women attempt to influence Senators' voting on nominated justices.
    5. Sitting Supreme Court justices may have considerable influence in the selection of new justices.
     
  8. The Court's Procedures:
     
    1. During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions.
    2. The justices consider arguments in cases they have heard and petitions from plaintffs, and then write opinions for cases they have decided.
    3. Justices' written opinions interpret the law and help shape public policy.
     
  9. How Cases Reach the Court:
     
     
  10. Landmark Supreme Court Cases:
     
    1. Marbury v. Madison (1803)
    2. McCulloch v. Maryland (1819)
    3. Plessy v. Ferguson (1896)
    4. Brown v. Board of Education of Topeka, Kansas (1954)
    5. Mapp v. Ohio (1961)
    6. Miranda v. Arizona (1966)
    7. Furman v. Georgia (1972)
    8. United States v. Nixon (1974)
    9. Gregg v. Georgia (1976)
 
 

Chapter 4