The Federal Court System

Study Goals

• SWBAT– Understand/describe the authority of the

National Judiciary (Federal Courts)– Describe the courts in the national court

system– List and explain the qualifications,

composition and powers of the Supreme Court

National Judiciary

• The Constitution created the federal courts in Article lll of the Constitution

Federal Court Authority

• Jurisdiction - the authority to hear and decide a case– What cases go to federal courts?

• Two kinds of jurisdiction of Federal Courts– Original jurisdiction– Appellate jurisdiction

• Original jurisdiction– A court in which a case is first heard

• Cases that go directly to federal courts• Cases that deal with a Constitutional issue, if the

groups involved are the US and another government, or a State

• Over $50,000

• Appellate jurisdiction– A case that a lower court has already heard

• The federal court is hearing the case on appeal

Federal Judges and Officers

• The President selects federal judges– The person’s work record and political views

are taken into account– The Senate must approve all federal court

appointments– Are appointed for life– Can be removed through impeachment for

wrongdoing

The Supreme Court

• Made up of a Chief Justice and eight associate justices

• Is the court of the last resort – has the final say

• Have the power of judicial review – the authority to decide whether any branch of government is violating the Constitution

Supreme Court

• Has both Original and Appellate jurisdiction

• Accepts only a few 100 – 200 of the 5000-6000 cases appealed to the court

• After a case is appealed to the Court, 4 justices must agree that it is a worthy case to hear

• Writ of certiorari is ordered so that a lower court must send up the records for review

Supreme Court

• After the Court agrees to hear a case, it sets a date for oral arguments

• Each side submits briefs for review for the Court (plaintiff v defendant)

• Given 30 minutes to argue their side• The Justices meet in conference and

summarize their views and vote

Supreme Court

• The Court explains its position– Majority Opinion

– Concurring opinion

– Dissenting opinion

Supreme Court Justices• John Roberts (Chief Justice)- 2005 G.W. Bush• Antonin Scalia- Reagan ‘86- most senior member

• Anthony Kennedy – Reagan ‘88• Clarence Thomas- Bush ‘91• Ruth Bader Ginsburg- Clinton ‘93• Stephen Breyer- Clinton ‘94• Samuel Alito- G.W. Bush ‘06• Sonia Sotomayor- Obama ’09• Elena Kagan- Obama ‘10- newest member