The Structure of the Federal Courts

Structure of the Federal Courts

What does the Constitution say in Article III?

Provides for Supreme Court

Specifies jurisdiction

Provides details regarding juries/treason

No mention of court structure…

Structure of the Federal Courts The Supreme Court is the only court required within the constitution…

In Article I, sec. 8 (delegated powers)…

“Congress shall have the power to

constitute tribunals inferior to the

Supreme Court.”

(Structure is then created by Judiciary Act

of 1789)

The Structure of the Federal CourtsTwo kinds of federal courts were created

by Congress to handle cases that the Supreme Court does not need to decide

1. Constitutional courts – exercise judicial powers found in Article III

a. Judges serve during good behavior b. Salaries not reduced while in officec. Examples: District Courts (94),

Courts of Appeals (12 circuits)

The Structure of the Federal Courts

2. Legislative courts a. Created by Congress for

specialized purposesb. Judges have fixed terms c. Judges can be removed d. No salary protection

Examples: Court of Military Appeals, Territorial Courts

Selecting Judges…1. Judicial behavior

a. Party background has a strong effect on judicial behavior

*Democrats more likely to make liberal decisions, Republicans conservative

b. Other factors also shape court decisions: facts of the case, prior rulings, legal arguments *Presidents are often surprised when a justices votes defiantly than expected

Selecting Judges…2. Senatorial courtesy

a. Appointees for federal courts are reviewed by senators from that state, if the senators are of the president’s party (particularly the U.S. district courts)

b. Gives heavy weight to preferences of senators from state in which judge will serve

Negative opinion of judge can kill nomination “Blue slip”—Senator’s opinion recorded on

blue paper

Selecting Judges…3. The “litmus test”

a. Litmus test: a test of ideological purity b. Presidents seek judicial appointees who share

their political ideologies c. Has caused different circuits to come to different

rulings about similar cases *Example: at one point affirmative action was legal in the 9th and illegal in the 5th.

d. Raises concerns that ideological tests are too dominant, and has caused delays in securing Senate confirmation

e. Greatest impact on Supreme Court – no tradition of senatorial courtesy, President much more interested in nominees

Basic Judicial RequirementsJurisdiction

Authority of a court to hear and decide a caseOriginal Appellate

StandingSufficient stake in matter to justify bringing suit

Jurisdiction of the Federal Courts

Dual Court system State systemsFederal system

Federal cases listed in Article III and Eleventh Amendment of the Constitution

a. Federal question cases: involving U.S. Constitution, federal law, treaties

b. Diversity cases: involving different states, or citizens of different states

Jurisdiction of the Federal Courts

Some cases can be tried in either federal or state court

Example: if both federal and state laws have been broken (dual sovereignty; the Rodney King case)Rodney King case: police officers tried in CA state court for

assault. (acquitted) Then prosecuted in federal court for violating King’s civil rights (2 of 4 convicted)

Jurisdiction: each government has right to enact laws and neither can block prosecution out sympathy for the accused

Some cases that begin in state courts can be appealed to Supreme Court

Supreme Court can overturn state rulings even when they had no jurisdiction over original matter

Controversies between state courts can only be heard by SC

Jurisdiction of the Federal Courts Essentially, there are 52 court

systems in the United StatesFederal Each of 50 statesWashington, D.C.

Three-Tiered Model

3

2

1

1

2

3

Three Tiered Model: 1.U.S. District Courts, Specialized courts of limited jurisdiction 2.Intermediate U.S. Court of Appeals 3.Supreme Court

U.S. Circuit Courts of Appeal13

12 hear appeals from federal district courts in their jurisdictions

1 (13th Circuit or Federal Circuit) has national appellate jurisdiction over certain types of cases

3 or more judges; they review cases and determine if the trial court committed an error. There are currently 179 judges.

Look at questions of law, not fact

Confirmation Process

1. Senatorial courtesy

2. Official Nomination

3. Senate Judiciary Committee hearings (“vetting process”)

4. Full Senate debate & vote

Factors Affecting Confirmation “Paper trail” = ideologyPresident’s popularityTime remaining in President’s term Demographics Partisanship in SenateStance on “stare decisis”Litmus test?Overall competence