Court System Confusion! The National Judiciary

History 101 Article of Confederation offered no national

courts/ national judiciary Up the the states individually Decision between different states? People in

different states? Confusion and Problem One of the MANY reasons we

Articles of ConfederationAnd create the constitution-

So… “Laws are a dead letter without courts to expound and

define their true meaning and operation” –Alexander Hamilton

“The Judicial Power of the United States shall be vested in one supreme court and in such inferior courts as the congress may from time to time ordain and establish”

-Article III Section 1Meaning: Article III of constitution gives judicial branch its

power, and one of the “checks” legislative branch has over the judicial branch is its ability to create inferior courts

DUAL Court System

Constitutional Courts These are FEDERAL courts that Congress

has formed Also called “Regular Courts” Include:

94 District Courts 12 US Courts of Appeals US Court of Appeals for the Federal Circuit US Court of International Trade

Special Courts Also called “Legislative” Courts Created by Congress Hear cases arising out of some expressed powers

given to Congress in Article I. Hear much narrower cases than Const. Courts Include:

US Court of Federal Claims Territorial Courts Courts of District of Columbia US Tax Court US Court of Appeals for the Armed Forces US Court of Appeals for Veterans Claims

What is “Jurisdiction?” “To say the law” The authority of court to hear (try and

decide) a case. What makes a case FEDERAL cases?

Dollar Words (KEY TERMS!)

Plaintiff- person who files the suite, brings about the case

Defendant- person whom the complain is against Original Jurisdiction: means that court heard the

case first Appellate Jurisdiction: hearing the case not first,

may be a higher court, court of APPEALS- may overrule/modify decision

Exclusive jurisdiction: case can ONLY be heard in federal courts (exclusive)!

Concurrent jurisdiction: federal and state courts SHARE power to hear those cases.

Who serves on these courts?

Article II of the Constitution gives who the power to appoint Judges?

Judges on Supreme Court PLUS Judges in each of the inferior courts = just under 1000 people!

However the SENATE is also a major part of the selection process, senatorial courtesy.

Leading attorneys, legal scholars, law school professors, former members of congress, State Court judges

Party influences!

High Stakes! Usually deciding questions of public policy Judicial Restraint vs. Judicial Activism

Two ideas of how judges should conduct themselves

RESTRAINT: Original Intent of the Constitution and Precident

ACTIVISM: bold actions, law should be applied in the light of ongoing changes

Which would Thomas Jefferson side with? Alexander Hamilton?

National JudiciaryCourt Create

dNumber of Courts

Number of Judges

Term of Judges

Supreme Court 1789 1 9 LIFEDistrict Court 1789 94 677 LIFECourt of Appeals 1891 12 179 LIFETrade Court 1926 1 9 LIFECourt of Appeals (Armed Forces)

1950 1 5 15 yrs

Tax Court 1969 1 19 15 yrsCourt of Appeals (Fed Circuit)

1982 1 12 LIFE

Court of Fed Claims

1982 1 16 15 yrs

Court of Appeals (Veterans Claims)

1988 1 7 15 yrs

Why? Why appointed and not elected? Why serve LIFE terms? Why does the President appoint Judges? Why do we have “state” crimes and

“federal”?