History of Fed Courts quiz 4

What did post-war industrialization and governmental centralization lead to

an industrial economy and the growth of an administrative state

Jurisdiction and Removal Act of 1875

enabled judges to hear a wider range of cases involving corporate litigants, which increased federal docket

First stage of institution building during the gilded age & progressive era

1877-1891 institution building aiming to improve performance

Second stage of institution building during the gilded age & progressive era

progressive republicans wanted to simplify, streamline, and standardize the judiciary

Murdock v. Memphis

SCOTUS interprets the Habeas Corpus Act as denying itself appellate jurisdiction over questions of state law

Circuit Courts of Appeals (or Evarts) Act of 1891

• established an intermediate appellate court, the circuit courts of appeals.

• Authorized the appointment of one additional circuit judge per circuit.

• Limited automatic appeal to SCOTUS, introduced writ of certiorari.

• created nine 3-judge intermediate appellate panels

• reduced circuit riding

William Evarts

NY Senator whose political entrepreneurship helped the circuit courts of appeals act pass. Altered the Rogers and Davis bill, keeping the idea of 9 intermediate appellate courts staffed by 3 judges each.

Two responses to caseload crisis by the early 1880s

Corporate Republicans: want to expand judicial force

Agrarian Democrats: wanted to curtaul federal jurisdiction in cases involving corporations

Judicial Code of 1911

• performance-oriented,

• seen as necessary but politically unimportant.

• abolished the old circuit courts

• eliminated circuit riding

• clearly outlined all statutes in one place.

• District courts became sole trial courts.

Roscoe Pound

Future HLS dean who attacked court system and called for action based on multiplicity of courts and concurrent jurisdictions

The Conformity Act of 1872

previous attempt at judicial conformity. tried to eliminate differences between federal and state proceedings by making federal courts adhere to procedures of the state they were in

The Revised Statutes of 1874

aimed to compile ad hoc legislation regulating the time and place of federal court sessions into one code

Gilded Age

led to Circuit Courts of Appeals act of 1891 in attempt to unburden SCOTUS

Progressive Era

led to Judicial Code of 1911 to unify all laws about judiciary

Henry Wheaton

first official reporter of SCOTUS decicions

Rebecca Ann Whalderdorf

current reporter of SCOTUS decisions

Samuel M. Blatchford

NY judge who produced many reports for the 2nd circuit, impressive career.

The US Reports

started around 1875. Official, government-published reporter of SCOTUS decisions

The Federal Reporter

started in 1880 by John West. reported lower federal court decisions nationwide. Not federally funded

Samuel A. Blatchford

official reporter of the 9 federal appellate court benches.

Chief Justice Fuller

committed to having one reporter appointed by all circuit courts of appeals —> helped Samuel A. get appointed

US Appeals

Samuel A’s reports, ultimately failed. Not federally funded.

Substantive Due Process

when a court looks at a law and determines if it violates the DPC or the 5th amendment

Laissez Faire Constitutionalism

government could not over-regulate the economy or interfere with economic liberty/property rights

Bunter v. Oregon

counter to Lochner, SCOTUS upheld oregon law regulating work hours for women in the laundry industry

included the Brandeis Brief that incorporated social science statistics

Adkins v. Children’s Hospital

SCOTUS ruled a law unconstitutional because it violated liberty of contract. Law granted DC nurses a minimum wage

Mann-Elkins Act of 1910 (Three Judges Panel Act)

• strengthened federal regulation over transportation and communication

• three judge panels could prohibit a state officer from taking certain action which might violate a federal law

• needs 2/3 of judges

Judiciary Act of 1916

• removed SCOTUS jurisdiction over certain federal laws/statues

• ex: federal employers liability act

• allowed SCOTUS to hear cases on appeal form state courts, especially with federal question

Writ of Certiorari

SCOTUS decides if they want to take a case. also a discretionary writ

Volstead Act

prohibited anyone from producing or consuming alcohol

Schenck v. United States

SCOTUS rules against Schenck passing out anti-government, pro-socialist pamphlets

William Howard Taft

• former POTUS became chief justice in 1921

• wants judicial improvement, petitions other branches

• sent surveys to lower courts asking how to improve procedure

Conference of Senior Circuit Judges Act / Judicial Conference Act of 1922

• SCOTUS chief justice could assign district court judges in overstaffed circuits to serve in other courts

• needs approval from senior circuit judge

• improved administration of justice in circuit courts

• made the chief justice the head of the entire federal judiciary

Judges Bill of 1925 / Judiciary Act of 1925

• The court could now grant a writ of certiorari in cases they wanted to hear on appeal

• no longer mandatory jurisdiction for SCOTUS mainly