Chapter Eighteen The Federal Court System

Transcription

1 Chapter Eighteen The Federal Court System I. The National Judiciary A. The Constitution established a separation of powers that assigned the judicial power to an independent branch of the government 1. Article III, Section 1 created the Supreme Court and allowed Congress to create inferior courts 2. The judicial power is the power to interpret or apply the law, not to enforce it 3. Judicial independence is secured by the Constitution a. Judges serve during periods of good behavior (until death, resignation, or impeachment) and can t be fired b. Judges salary can t be reduced during their time in office B. The Framers relied on the concept of Federalism when they established a federal judiciary to complement the state court systems 1. There had been no national judiciary under the Articles of Confederation 2. Under the Articles there had been no consistent enforcement of national laws by state courts 3. Some issues are in the exclusive jurisdiction of either the states or federal courts 4. Some issues may be heard by either the federal or state courts (concurrent jurisdiction) C. Article III, Section 2 of the Constitution limits federal jurisdiction to a few specific instances 1. Cases or controversies arising under the Constitution, federal law, or national treaties 2. Cases affecting Ambassadors, other public ministers, and Consuls 3. Cases of Admiralty and maritime jurisdiction 4. Controversies to which the US shall be a party 5. Controversies between two or more states 6. Controversies between citizens of different states a. These controversies are often called cases of diversity jurisdiction b. Congress has limited this jurisdiction to cases involving more than $75,000, so anything less than that must be filed in state court 7. Controversies between citizens of the same state who are claiming the same land under grants of different states D. The Eleventh Amendment eliminated two of the original categories of federal jurisdiction 1. Between a state and citizens of a different state 2. Between a state or citizens thereof and foreign states, citizens, or subjects 3. This amendment was inspired by the Supreme Court decision Chisholm v. Georgia (1793) E. Original v. Appellate Jurisdiction 1. The court that first hears a case has original jurisdiction 2. Any subsequent court that hears an appeal from the decision of that first court has appellate jurisdiction 3. The Supreme Court may only hear cases of original jurisdiction if the case involves two states or a foreign representative F. Court Officials 1. Judges a. There are nearly 1,000 federal judges sitting in the various federal courts b. All federal judges are appointed by the President with the consent of the Senate i. Many people offer input on the selection of judges 1. Interest groups 2. Attorney General 3. Influential senators c. The Constitution does not include any qualifications to serve as a judge d. Today, most judges have a great deal of experience in practicing or teaching the law e. Prospective judges are carefully scrutinized as to their judicial philosophy i. Judicial restraint 1. Judges should decide cases on the basis of the original intent of the law

2 2. Judges should carefully follow the rule of precedent ii. Judicial activism 1. Judges should interpret and apply laws in light of changing values 2. Judges should disregard precedents that are wrong 3. Particularly concerned with expanding civil rights and social welfare f. Terms and Compensation i. With few exceptions, federal judges serve until death, voluntary resignation, or impeachment 1. Exceptions include the judges on various special courts who serve fifteen year terms a. Court of Appeals for the Armed Forces b. Tax Court c. Court of Federal Claims d. Court of Appeals for Veterans Claims 2. There have only been thirteen impeachments of judges in history, and only seven of those resulted in conviction and removal from office ii. Judges compensation may not be reduced during their period of service iii. Judges who have served for ten years and are 70 years old retire with full pay iv. Judges who have served fifteen years and are 65 years old retire with full pay v. Retired judges (judges emeritus) may be called back to help hear cases g. Each federal district has at least one bankruptcy judge who only hear bankruptcy cases i. Appointed by the judges of the courts of appeals ii. Serve 14 year terms 2. US Attorneys a. One US Attorney for each of the 94 districts b. Represent the federal government in both criminal and civil cases in their district c. Helped by many assistant US Attorneys d. Appointed by the President e. Serve four year terms 3. US Marshals a. Appointed by the President and Senate b. Function as sheriffs for the federal district courts i. Make arrests ii. Hold accused persons in custody iii. Secure jurors iv. Serve legal papers v. Keep order in court vi. Execute court orders vii. Respond to emergency situations such as riots, mob violence, etc. c. Serve four year terms 4. US Magistrates a. Appointed by a US District Judge b. Serve eight year terms c. Handle lesser judicial duties i. Set bail ii. Issue warrants iii. Preside over minor offenses 5. Juries a. Article III, Section 2 guarantees the right to trial by jury for federal crimes b. The Sixth Amendment guarantees the right to trial by jury in criminal prosecutions c. The Seventh Amendment guarantees the right to trial by jury in certain civil cases d. Juries are composed of private, ordinary citizens

3 6. Support services a. Bailiff maintain order in the court b. Stenographer record proceedings c. Clerk and Deputy Clerks process administrative paperwork d. Probation Officers monitor prisoners on parole II. The Inferior Courts A. Most courts are organized under Article III of the Constitution, but Congress has created a few other courts to support its powers under Article I B. Two Categories of Inferior Courts fall under the Supreme Court 1. Constitutional (Article III) Courts a. US Courts of Appeals ( Circuit Courts ) i. The circuit courts were created in 1891 to relieve the backlog in the Supreme Court ii. Prior to that, the Supreme Court justices had to travel around the country ride the circuit to hear appeals iii. There are now 12 courts of appeals 1. First Circuit ME, NH, MA, RI, Puerto Rico 2. Second Circuit VT, NY, CT 3. Third Circuit PA, NJ, DE, Virgin Islands 4. Fourth Circuit MD, WV, VA, NC, SC 5. Fifth Circuit TX, LA, MS 6. Sixth Circuit MI, OH, KY, TN 7. Seventh Circuit IN, IL, WI 8. Eighth Circuit MN, IA, MO, AR, ND, SD, NE 9. Ninth Circuit MT, ID, WA, OR, NV, CA, AZ, AK, HI, Guam, Northern Marianas Islands 10. Tenth Circuit WY, UT, CO, KS, OK, NM 11. Eleventh Circuit AL, GA, FL 12. Twelfth Circuit District of Columbia iv. There are 179 circuit judges v. The circuits normally sit in panels of three judges vi. For important cases, the circuit may sit en banc (with all of the judges in that circuit) vii. The circuit courts have only appellate jurisdiction viii. There are roughly 55,000 cases appealed to the circuits each year 1. Appeals from district courts 2. Appeals from regulatory agencies 3. Appeals from special courts ix. The decisions of the circuits are final unless the Supreme Court agrees to hear the case b. US District Courts i. The first district courts were created in 1789 ii. There are now 94 district courts in the US 1. Every state has at least one district court 2. Densely populated states have more than one 3. Tennessee has three district courts a. Eastern Knoxville b. Middle Nashville c. Western Memphis iii. There are about 677 judges spread among those districts 1. Each district has at least two judges

4 2. The Southern District of New York has 28 judges iv. District courts hear about 300,000 cases each year v. Most cases are heard before a single judge, though some cases require three judge panels vi. District courts have original jurisdiction in most cases, civil or criminal c. US Court of International Trade i. Began as the US Trade Court in 1890 ii. Became the Court of Customs in 1926 iii. Renamed Court of International Trade in 1980 iv. Settles disputes over tariffs and trade v. Composed of nine judges who hear cases in panels of three vi. Convenes in major ports (NY, New Orleans, San Francisco, etc.) vii. Decisions appealed to the Court of Appeals for the Federal Circuit d. US Court of Appeals for the Federal Circuit i. Created in 1982 to centralize certain appeals in civil cases ii. This court has national jurisdiction iii. Hears appeals from various agencies and inferior courts 1. US Court of International Trade 2. US Court of Federal Claims 3. US Court of Appeals for Veterans Claims 4. Patent, trademark, and copyright cases from district courts 5. International Trade Commission 6. Patent and Trademark Office 7. Merit Systems Protection Board iv. Consists of twelve judges who sit in panels in three v. Normally convenes in DC but may meet in any circuit courthouse vi. Decisions appealed to the US Supreme Court 2. Special (Article I) Courts a. US Court of Federal Claims b. US Tax Court c. Territorial Courts d. Courts of the District of Columbia e. US Court of Appeals for the Armed Forces f. US Court of Appeals for Veterans Claims III. The Supreme Court A. The Highest Court in the USA 1. The Supreme Court has the ultimate responsibility of interpreting the Constitution a. This responsibility includes the power to strike down acts of Congress or the President that violate the Constitution b. This power, called Judicial Review, is implied by (but never mentioned in) the Constitution c. Judicial Review was first exercised in Marbury v. Madison in 1803 i. William Marbury had been appointed Justice of the Peace for the District of Columbia by outgoing Federalist John Adams in 1801 ii. Newly inaugurated Democratic-Republican Thomas Jefferson instructed his Secretary of State, James Madison, not to deliver Marbury s commission iii. Marbury sued Madison to compel him to deliver the appointment so he could start his job iv. The trial took place before the Supreme Court because the law that created Marbury s job stated that the Supreme Court would have original jurisdiction over such controversies

5 v. Chief Justice John Marshall, eager to avoid a confrontation with President Jefferson, wrote the opinion of the court that struck down the law as unconstitutional 1. The Constitution specifically states when the Supreme Court will have original and appellate jurisdiction 2. Congress can t alter that arrangement by statute d. Very few laws were declared unconstitutional in the nineteenth century, but Courts have been more willing to use that power in more modern times 2. In addition to interpreting the Constitution, the Court has great impact through the Rule of Precedent a. The Rule of Precedent says that courts should be bound to follow the decisions in previous, similar cases b. This ensures stability, consistency, and notice of the law c. Courts are only bound to follow precedents set by higher courts in their jurisdiction i. Example The Third US Court of Appeals decisions would be binding in all of PA, NJ, and DE, but not in TX, CA, etc. ii. US Supreme Court decisions are binding in the entire US d. Previous decisions from similar cases in other jurisdictions may be persuasive authority B. Court Operations 1. Personnel a. The Court today consists of a Chief Justice and eight Associate Justices b. Congress determines the number of justices c. At different times in history, there have been as few as five and as many as ten d. Nine has been the settled number since 1869 e. FDR attempted to enlarge the court in the 1930 s during the Court Packing Scandal 2. Jurisdiction a. The Court may exercise original jurisdiction in two cases i. Disputes between states ii. Cases involving foreign ambassadors and public ministers b. All other cases must reach the court on appeal unless the Supreme Court chooses to hear a case filed in lower court because of its urgency c. Congress can not enlarge the Court s original jurisdiction, but it could reduce it by passing a law to make even those two instances matters for appeal 3. Procedures a. Sessions of the Court begin on the first Monday in October and run through June or July b. There are about 8,000 appeals to the Court filed annually, of which a few hundred are decided i. More than half of the cases are cleared by a short order (often a remand to a lower court) ii. Fewer than 100 cases are fully considered by the Court each year c. The Court decides for itself which cases will be heard i. At least four of the nine justices must agree to hear a case ii. The Court will issue a writ of certiorari when it decides to hear a case iii. Justices try to pick cases from one of two categories 1. Cases posing urgent constitutional questions 2. Cases that would resolve a split in the Circuits iv. Denying cert does not necessarily mean that the justices approve of the lower court s ruling, only that they don t want to review it v. Lower courts can also ask the Court to answer a specific question about how to proceed on a case, though this is very rare

6 d. When the Court agrees to hear a case, both parties submit written arguments called briefs i. When the United States is a party to a case, it is represented by the Solicitor General ii. Sometimes other parties interested in the outcome of a case will ask the court for permission to submit their own legal briefs iii. These third parties are called amicus curiae friends of the court e. The Court schedules short (usually half hour) oral arguments so that the justices may ask questions of the parties attorneys about their briefs f. The justices then meet in conference to decide each case g. Very rarely will the court reach a unanimous opinion i. The majority opinion carries the greatest weight and is binding precedent ii. The dissenting (or minority) opinion can be issued and cited as persuasive authority iii. Justices who vote with the majority but for reasons that differ from those in the majority opinion can issue a concurring opinion iv. Sometimes simple cases will be disposed of by per curiam opinions short, unsigned, and presumably unanimous C. The 2014 Supreme Court 1. John Roberts, Chief Justice a. Appointed in 2005 b. Born in 1955, youngest member of the court c. Conservative 2. Antonin Scalia a. Appointed in 1986 b. Born in 1936 c. Conservative 3. Anthony Kennedy a. Appointed in 1988 b. Born in 1936 c. Moderate 4. Clarence Thomas a. Appointed in 1991 b. Born in 1948 c. Conservative 5. Ruth Bader Ginsburg a. Appointed in 1993 b. Born in 1933 c. Liberal 6. Stephen Breyer a. Appointed in 1994 b. Born in 1938 c. Liberal 7. Sam Alito a. Appointed in 2006 b. Born in 1950 c. Conservative 8. Sonia Sotomayor a. Appointed in 2009 b. Born in 1954 c. Liberal

7 9. Elena Kagan a. Appointed in 2010 b. Born in 1960 c. Liberal IV. The Special Courts A. Constitutional and Legislative Courts 1. Article III of the Constitution created the federal judiciary a. The Supreme Court b. Such inferior courts as Congress shall deem necessary 2. The Article III courts, as they are called, exercise broad judicial powers 3. Congress also has the power under Article I to create laws that are necessary to execute their legislative powers a. Example Congress has the power to lay and collect taxes b. Example Congress has the power to regulate the armed forces c. In both of the above examples, Congress has decided it would be wise to create special courts to handle legal problems arising under those powers 4. The difference between Article I (or Legislative) and Article III (or Constitutional) courts is more theoretical than practical B. The Legislative (or Special) Courts 1. The Court of Federal Claims a. Generally speaking, governments can not be sued under the theory of sovereign immunity b. The US has agreed to let private parties sue it to recover damages since 1855 c. Composed of sixteen judges serving fifteen year terms d. Appeals from this court go to the Court of Appeals for the Federal Circuit e. Even though these lawsuits often fail, Congress can still compensate individuals who claim to have been harmed by the government through legislation 2. The Territorial Courts a. Article I of the Constitution gives Congress the power to regulate federal territories b. Congress has created courts to handle legal problems arising in each of the federal territories i. Guam ii. Virgin Islands iii. Northern Marianas Islands 3. The District of Columbia Courts a. Article I of the Constitution gives Congress the power to legislate for the federal district b. Congress has created courts to handle the legal problems arising in DC i. Superior Court general trial court ii. Court of Appeals appellate court 4. The Court of Appeals for the Armed Forces a. Article I of the Constitution gives Congress the power to regulate the armed forces b. Congress created the first military courts for the individual branches in 1789 c. Military courts are also known as courts martial d. Military law is a separate branch of federal law, and military courts are separate and different from civilian courts i. All court personnel are in the military, and mostly officers ii. Court proceedings are similar too, but different from, civilian courts e. Congress established the Court of Military Appeals in 1950 to hear appeals from courts martial

8 f. Now known as the Court of Appeals for the Armed Forces, this court provides civilian oversight for military courts i. Five judges are all separate from the military ii. Judges are appointed to fifteen year terms a. Nominated by the President b. Confirmed by the Senate g. Decisions of this court can sometimes be appealed to the Supreme Court 5. Military Commissions a. These commissions are created by the Department of Defense to try enemy combatants b. These commissions are not a part of the regular military justice system, and neither are they part of the regular federal judiciary c. Most of these commissions exist at Guantanamo Bay, Cuba, to try suspects in the war on terror d. The President established these commissions under Executive Order while acting under Congressional direction e. Military commissions have been used in previous wars i. Mexican-American War ii. Civil War iii. World War II 1. FDR created a commission in 1942 to try eight Nazi saboteurs who landed in the US 2. Six of the eight were executed, and two served long sentences 6. The Court of Appeals for Veterans Claims a. Created in 1988 as the Court of Veterans Appeals, renamed in 1999 b. Composed of seven judges serving fifteen year terms c. This court hears appeals of the decisions of the Department of Veterans Affairs when benefits have been denied or mishandled d. Appeals from this court go to the Court of Appeals for the Federal Circuit 7. The United States Tax Court a. This court was created in 1969 as an independent judicial body in the legislative branch b. Composed of nineteen judges serving fifteen year terms c. This court hears civil (but not criminal) cases involving the tax laws d. Most cases are generated by the IRS and Treasury Department e. Appeals from this court go to the Federal Courts of Appeals