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The Federal Courts

The Federal Courts. By Justin Sanchez. Key Concepts ; development of The Federal Courts. The Federal courts have evolved (changed over time) into an institution (organization) that has a significant impact on public policy. Selection of federal judges is a complicated process

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The Federal Courts

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  1. The Federal Courts By Justin Sanchez

  2. Key Concepts ; development of The Federal Courts • The Federal courts have evolved (changed over time) into an institution (organization) that has a significant impact on public policy. • Selection of federal judges is a complicated process • Limited number of cases are heard in federal courts, even less are heard by the Supreme Court • Judicial activism: when judges make bold policy decisions • Public and other branches of government have checks on the powers of the federal court. • Power to declare a congressional act unconstitutional • Federal law is supreme over state • Authorizes various kinds of regulations • Devolution: Court will return certain powers to the states.

  3. Connections • “Judges would be bound by the word of the constitution” • Marbury v. Madison(1803) • McCulloch v. Maryland(1819

  4. Key Concepts; selection of judges • All federal judges are nominated by the president and confirmed by the Senate. • Almost always nominates a member of their own party and have effects on how judges behave • Senate delays on confirmation to leave seats open on the courts • Senatorial courtesy: senators from the president’s party review an appointee for a federal district court in their state • Litmus Test: test of ideological purity used by recent presidents, in nominating, and senators, in confirming, judges for federal courts. • Litmus tests are most apparent in Supreme Court confirmations.

  5. Key concepts; jurisdiction of the federal courts • Federal courts can hear all cases involving the Constitutionality of a law, cases involving the laws and treaties of the U.S., ambassadors and public ministers, disputes between states, admiralty laws and bankruptcy cases. • Very limited original jurisdiction for the Supreme Court. • Almost every case heard by the Supreme Court is on appeal and chosen by the court. • Writ of Certiorari: A superior court calls up for review the record of a proceeding court • Tends to take cases that pose a significant federal or constitutional question. • Getting to court requires legal standing. • Must be real controversy between adversaries, and the litigations (accusations) must demonstrate personal harm. • Supreme Court will not hear class-action suits unless every ascertainable member of the group is notified individually.

  6. Key concepts; Powers of the supreme court • Interpret the U.S. constitution • Judicial Review: • Interpret laws and make sure they are applied correctly • Deal with cases involving the constitution, federal laws and treaties • Interpret and ensure proper application of the laws

  7. Checks on Judicial Power • Confirmation proceedings gradually alter the composition of the courts • Impeachment • Congress can change the number of judges • Revising legislation to undo Supreme Court decisions • Amending the constitution to alter court’ jurisdiction • Defying public opinion

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