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Section 4 - The development of the federal courts

Section 4 & 5 of the Judicial Branch

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Page 1: Section 4 & 5 of the Judicial Branch

Section 4 - The development of the

federal courts

Page 2: Section 4 & 5 of the Judicial Branch

Founders probably assumed that they would have judicial review though they did not say it in so many words

they probably did NOT expect it to play such a large role in making public policy

Page 3: Section 4 & 5 of the Judicial Branch

Articles of Confederation - NO JUDICIAL BRANCH

Traditionally they felt judges would find and apply existing laws. Later judges questioned this traditional view and argued that judges should make law.

Page 4: Section 4 & 5 of the Judicial Branch

Judiciary has no influence over the sword or the purse

Three stages in the development (described at length in the following sections)

Page 5: Section 4 & 5 of the Judicial Branch

1787-1865 National Supremacy and Slavery (3 bullet points)

C.J. Marshall asserted that national law was the dominant law and the Supreme Court would decide what the Constitution meant (Marbury)

Power of the federal government to regulate commerce among states was established

Page 6: Section 4 & 5 of the Judicial Branch

C.J. Taney and the Dred Scott case - one of the most disastrous opinions ever written. Taney held that African Americans are not citizens and cannot become citizens so the federal law prohibiting slavery in northern territories was unconstitutional

Page 7: Section 4 & 5 of the Judicial Branch

When should the economy be regulated by the states? When should it be regulated by the national government?

Court determined that the 14th Amendment also protects private property and corporations from unreasonable state action

Government and the Economy 1865-1937

Page 8: Section 4 & 5 of the Judicial Branch

Many more laws found unconstitutional then the first years of the United States

Clear evidence of the court’s desire to protect private property

upheld use of injunctions to prevent labor strikes

Struck down the income tax

Limited reach of antitrust law

Page 9: Section 4 & 5 of the Judicial Branch

Did allow the states to regulate business that affected public interest

allowed ICC to regulate RR rates

upheld law requiring RR safety

approved state anti-liquor laws

supported state workers compensation laws

Page 10: Section 4 & 5 of the Judicial Branch

the Court was unsure over how to draw the line between unreasonable and reasonable

14th and 15th were interpreted so narrowly so as to give African Americans only the most limited benefits of the provisions

Page 11: Section 4 & 5 of the Judicial Branch

4 bullet points

After 1936 the courts stopped imposing serious restrictions on the State and federal power to regulate economy, left matters in the hands of legislators

Became concerned with turning over laws that violated civil liberties

Government and Political Liberty 1936-Present?

Page 12: Section 4 & 5 of the Judicial Branch

FDR and Court Packing - wanted 1 new judge for each one over 70 as a way to force New Deal legislation. Before it could be voted on Congress accepted New Deal Proposals and ideas

Warren Court - most activist court period in Supreme Court history to date (1953-1969)...to protect the rights of citizens from government trespass

Page 13: Section 4 & 5 of the Judicial Branch

Hints that there are limits to the supremacy of the federal government created by the existence of states

Revival of State Sovereignty (Think devolution) 1992 -?

maybe?

Page 14: Section 4 & 5 of the Judicial Branch

Section 5 - Structure of the Courts

Only federal court the Constitution requires is the Supreme Court, other courts and their jurisdictions are created by Congress

Two kinds of lower federal courts to handle cases not being tried by the Supreme Court

Page 15: Section 4 & 5 of the Judicial Branch

Constitutional Court

exercise judicial powers found in Article III

judges given constitutional protection - cannot be fired, salaries cannot be reduced while in office

94 district courts - lowest federal courts, federal trial courts

12 court of Appeals - hear appeals from district courts

Page 16: Section 4 & 5 of the Judicial Branch

Legislative/Special Courts

set up by Congress for some specialized purpose and staffed with people who have fixed terms in office and can be removed or have their salaries reduced

Examples: Court of Military Appeals, Territorial Courts

Page 17: Section 4 & 5 of the Judicial Branch

Section 6: Jurisdiction of the Federal Courts

Jurisdiction -

the authority of a court to hear a case

Page 18: Section 4 & 5 of the Judicial Branch

Federal Jurisdiction -

Federal Question Cases - concerning the Constitution, federal laws or treaties

Diversity Cases - cases involving citizens from different states who can bring suits in federal courts

Page 19: Section 4 & 5 of the Judicial Branch

ADD THIS SOMEWHERE

Original Jurisdiction -

right to hear a case for the first time

Appellate Jurisdiction

right to review the decision of a previous lower court

Page 20: Section 4 & 5 of the Judicial Branch

Dual Jurisdiction - both in federal and state courts

A matter that is exclusively within the province of state courts can be appealed to the United States Supreme Court

Page 21: Section 4 & 5 of the Judicial Branch

Exclusive Jurisdiction of Federal Courts

federal criminal law is broken, but not a state law

appealing the decision of a federal regulatory agency

controversy between two state governments

Page 22: Section 4 & 5 of the Judicial Branch

A vast majority of federal cases begin in the district courts, in 2002: 650 judges received over 300,000 cases

Page 23: Section 4 & 5 of the Judicial Branch

Federal District Courts - original jurisdiction - decide both civil and criminal cases in original jurisdiction. They hear evidence and can use juries to decide the verdict.

The Federal Circuit Court of Appeals - appellate jurisdiction. 13 circuits. They hear cases on appeal from the Federal District Courts or form a State Supreme Court

One has to claim that a constitutional right has been violated. They have no juries, they only decide the issue of law

Page 24: Section 4 & 5 of the Judicial Branch

the Supreme Court - original and appellate (from lower courts) jurisdictions

original if

2 or more states

US and a state

involves foreign ambassadors and other diplomats

a state and a citizen of a different state (if began with the state)

Page 25: Section 4 & 5 of the Judicial Branch