American Judiciary Federal Courts

Brief history of the federal court system

federal judiciary in the US established by article three of the constitution in 1789 creating the supreme court as the nations highest judicial authority

The Judiciary act of 1789

In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.

The Judiciary act also

organized by the lower federal courts and set the framework for their jurisdiction.

Over time, congress expanded the federal court added circuit courts of appeals in 1891.

It also formalized a three tiered system added circuit courts of appeals in 1891, district court, appeals court, and supreme court.

Marbury v Madision

U.S. Supreme Court ruling (1803) that established the power of the court to review acts of Congress and declare invalid those it found in conflict with the Constitution

What was Marbury V Madison

Marbury v. Madison (1803) happened when William Marbury sued James Madison, the Secretary of State, because Marbury didn't receive his commission to become a judge, even though it had been approved by the previous president, John Adams.

The Supreme Court, led by Chief Justice John Marshall, said Marbury had a right to the job but that the law giving the Court power to force Madison to deliver it was unconstitutional.

This decision established the principle of judicial review — the Court's power to decide whether laws or government actions violate the Constitution.

Making the courts a coequal branch of government grants them…

the power to interpret the constitution

The US court of appeals plays a major role in shaping politics because

they decide the majority of federal cases

(only tiny fraction reach the supreme court)

Court Basics: Structure

courtys typically operate based on hierarchy

lowest: trial courts

Intermediate: appeals

Highest: final word

US has federal and state courts

Federal>state

By ruling on constitutional/statutory questions circuit courts influence…

Issues that are ripe for supreme court review/create circuit splits that the supreme court must resolve

Circuit courts

Intermediate federal appellate courts. Cover "circuits" across America. Hear appeals from District Courts in their jurisdiction.

The Ninth circuit

covers much of the west mostly liberal

Fifth circuit

texas, Louisiana, and Mississippi most conservative

This ideological variation of circuit courts means that

circuit courts can drive the legal/political agenda long before the supreme court is asked to make a ruling

Right now with the majority on the supreme court the fifth circuit has been noted as

the most influential in the country

a favorite of litigants backing conservative causes

Trial courts

hear the arguments from both sides, document evidence, and apply the law

Appellate courts

hear complains about the legal process/determine whether proceedings were fair at trial

Court of last resort

issue final verdict/ no chance for appeals

Norm enforcement

apply existing laws/rules to resolve disputes and uphold standards

policy making

establish new rules/interpretations that shape future laws and policy

The United States Supreme Court

Compromised in Article 111 of the constitution

Judiciary act of 1789

established the structure/operational foundation of the US Federal court system

Federal court jurisdiction, the supreme court, circuit courts, district courts, setting the number of justices to one chief/associated judges.

Who was given the power to shape the courts after ratification?

congress

How is the supreme court distinctly american

federalism

interpretation

The role of the supreme court interprets…

the constitution

ensures law/government actions that follow it

decisions are final and binding to other courts

reviews cases involving constitutional question, state disputes, issues of national importance.

Controversy of the USSC

Power to overturn law (passed by congress/actions by the president)

Political moral issues

Unelected judges

Interpretation differences

The Supreme court is very powerful but has its limits

cannot enforce rulings (the executive branch can)

Cannot make laws/spend money (congress can)

Power depends on public trust

respect for the rule of the law

What can the supreme court do

Declare law/ government actions as unconstitutional

set precedents for lower courts

shape major policies on issues like civil rights, privacy, and free speech.

Origins of USSC power

election of 1800 John Marshall was secretary of state for the federalists.

Appointed chief justice

federalists appoint as many judges as possible

some orders are not delivered in time, D-R party orders stop to delivery

Judicial review Marbury V madision

Marbury who would have been a DC judge brings suit

CJ Marshall dilemma if he rules against sitting government they will ignore his decision.

Marshalls brilliance rules section 13 of Judiciary act unconstitutional

CJ Marshall dramatically expands the institutional power of the court

Little evidence that this was the framers intent

President Jefferson gets the short term outcome he wanted/Marbury never gets his position

Judicial branch is not generally considered as a policy maker rather…

a law interpreter

Interpreting the law can shape policy

plessy v. ferguson

Brown V. Board

Obergefell v. Hodges

Limits on Policy Making

cases must be brought before the court

depends on lower courts/citizens

NO LITIGATION=NO POLICY

Other policy makers must make the first move

Only responding to existing policy

no power to carry out their decisions

Appellate courts

appellate courts, which hear claims mostly about the procedures of the trial itself.

Trial courts

which hear the case, interview witnesses and ultimately rule on guilt or innocence.