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Constitutional Origins of the Federal Judiciary

Constitutional Origins of the Federal Judiciary. The Federal Convention of 1787 Ratification Debates The Judiciary Act of 1789. An Independent Judiciary. Support for an independent judiciary in three-part system of government

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Constitutional Origins of the Federal Judiciary

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  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

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