The National Judiciary

1. The National Judiciary

2. Creation of a National Judiciary Historical Background • Remember that under the AOC there was no national judiciary • Laws were interpreted and applied as the states saw fit. • Founding Fathers realized the new gov’t needed a national judiciary.

3. Creation of a National Judiciary • Historical Background • The U.S. Constitution, Article III • established a Supreme Court, and gave Congress the power to create “inferior courts”

4. Creation of a National Judiciary • Historical Background • In 1789, Congress passed the Judiciary Act • This created the lower courts that “feed into” the SCOTUS

5. Creation of a National Judiciary • Dual Court System • Federal Courts and State Courts • Remember, state courts had already existed for years. • What the Founding Fathers created was a “dual” court system which reflects their belief in federalism, and balanced federal and state power • There are over 100 federal courts and thousands of state courts.

7. Jurisdiction • Refers to the authority of a court to hear, try, and decide a case. • Literally means “to speak the law” • In essence, trying to decide which court in our system gets to hear the case • Determining what cases get tried and where based on the type

8. Jurisdiction Factors • Federal courts may hear cases because of: 1. Subject matter: • Most cases are tried in state courts. • But, some cases are the domain of federal courts only: • Cases involving federal law or “federal questions”

9. Jurisdiction Factors • Federal courts may hear cases because of: 1. The parties involved: • The U.S. or one of its officers or agents • An ambassador or other official representative • One of the 50 states suing another state, resident, or foreign gov’t or citizen • An American citizen suing a foreign gov’t or citizen • A citizen of one state suing a citizen of another

10. Types of Jurisdiction • Exclusive Jurisdiction –cases that can only be heard in federal court. Ex.—John Q. Public robs a bank (violating federal law) • Concurrent Jurisdiction –BOTH states and the federal courts share the power to hear a case. Ex.—John Q. Public (VA resident) damages the $100,000 boat of Jane A. Doe (MD resident)

11. Types of Jurisdiction • Limited Jurisdiction –Some courts can only hear special types of cases. Ex.—traffic courts hear traffic disputes, bankruptcy courts, juvenile courts, etc.

12. Types of Jurisdiction • Original Jurisdiction • The “trial court” or “court of first instance” • Where the case is tried by a judge or jury • The first court to hear the case • Appellate Jurisdiction • The court that hears a case on appeal from a lower court • The case is not retried, but reviewed.

13. Federal Judges • Appointment of Judges • Article II, Section 2 of the Constitution says the President appoints federal judges and the Senate approves them. • President’s generally look for someone with experience and a shared political ideology.

14. Federal Judges—Appointment Impact • Two philosophical issues can impact the appointments a President makes/Congress confirms: 1. Judicial restraint-the belief that judges should decide cases on: a. the original intent of Framers of the Constitution or those who wrote the law b. the precedence—decisions in similar cases. 2. Judicial activism-the belief that judges should: a. interpret law in light of ongoing social & moral changes b. apply a much broader view of judicial power.

15. Federal Judges • Terms & Pay • According to the Constitution, federal judges serve “during good behavior”—for life or until they retire. • The only way to remove a federal judge is through the impeachment process—rarely used. • Federal judges salaries are fixed by Congress but can’t be reduced while the judge is serving—keeps Congress from manipulating the law through pay. • Today, SCOTUS justices make over $200,000 a year.