Constitutional Origins of the Federal Judiciary

1. Constitutional Origins of the Federal Judiciary • The Federal Convention of 1787 • Ratification Debates • The Judiciary Act of 1789 Federal Judicial Center

2. 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

3. 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

4. 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

5. Defining the Judiciary • Appointment of Judges • Judges’ Term of Office • Judges’ Salaries • Judicial Review • Federal and State Jurisdiction Federal Judicial Center

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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