Comprehensive Notes on the Federal Court System and Judicial Review
Federal Court System Levels
Supreme Court
- Established by Article III of the Constitution.
- Number of justices: 9.
- Has both original and appellate jurisdiction.
- Hears approximately 100 cases from October to June.
- Appeals are taken by petition for writ of certiorari.
Courts of Appeal
- Created by Congress (Article III authorized).
- 11 regional courts plus 1 DC circuit.
- Court sessions are held in panels of 3 or en banc.
- Appellate jurisdiction only.
District Courts
- Established by Congress (Article III authorized).
- Total of 94 district courts in the USA.
- Courts of original jurisdiction primarily handle civil and federal criminal cases.
Arguments of the Founders on Federal Court System
- Antifederalists:
- Concerned that an independent judiciary might undermine checks and balances.
- Federalists:
- Argued that an independent judiciary would not be a threat if judges acted appropriately.
Original Jurisdiction Cases
- Cases brought directly to the Supreme Court are rare and involve:
- Ambassadors, public ministers, consuls.
- Cases in which a state is a party.
- Notable case: Marbury v. Madison (1803).
Summary of Article III of the Constitution
Judicial Power: Vested in the Supreme Court and inferior courts.
- Judges hold office during good behavior (interpreted as life until 14-18 years).
- Compensation for judges cannot be diminished while in office.
Jurisdiction Types:
- Federal Question Jurisdiction:
- Cases involving the Constitution, federal laws, treaties, ambassadors, and diversity jurisdiction.
- Appellate Jurisdiction:
- SCOTUS hears cases only after lower courts have tried them.
- Jury Trials:
- Required in most cases but not in impeachment cases.
Treason Definition
- According to Article III, treason is defined as:
- Levying war against the U.S. or aiding enemies.
- Requires testimony of two witnesses or confession in open court.
- Penalty typically includes death.
Federal Judges' Terms
- Lifetime Tenure:
- Federal judges serve for life unless removed for misconduct, ensuring independence and impartiality.
- In Federalist No. 78, Hamilton argues judges act based on law, describing the judiciary as the "least dangerous branch" of government.
Courts Established by Judiciary Act of 1789
- Types of Courts Established:
- Supreme, District, and Regional (Circuit) Courts.
District Courts Functions
- Handle civil (non-criminal) and federal criminal cases.
- Plaintiff: Person bringing lawsuit.
- Defendant: Person responding to the lawsuit.
Courts of Appeal (Circuit Courts)
- Established by Congress: Made permanent in 1891.
- The appellant is the person who lost the trial court case wanting to appeal, while the appellee defends the appeal.
Supreme Court Review Process
- Certiorari process: A writ of certiorari allows the Supreme Court to review lower court decisions.
- Only a certain percentage of cases are accepted for review, primarily resolving conflicts among circuit courts.
Marbury v. Madison Overview
- Key facts involve John Adams appointing new judges leading to the case.
- Questions of can appointed judges sue for their appointments?
- Argument followed Article III regarding judicial authority upheld by SCOTUS.
Judicial Review
- Defined as the authority of the courts to review legislation and executive actions for constitutionality.
Changing Nature of the Court
- Focus on historical cases and their impacts, including evolving definitions of civil rights, the role of justices, and landmark decisions affecting rights and liberties.
Civil Rights and Legislation
- Key Amendments:
- 13th, 14th, and 15th amendments post-Civil War.
- Important in understanding civil rights legislation and precedents.
- Significant Supreme Court Decisions:
- Dred Scott decision, Plessy v. Ferguson, Brown v. Board of Education, Civil Rights Act of 1964, Voting Rights Act of 1965, Obergefell v. Hodges.
Modern Court Dynamics
- Composition of the Supreme Court shows a divide between conservative and liberal justices, with notable appointments throughout recent administrations.
- Key legal principles include strict scrutiny, heightened scrutiny, and rational basis test pertaining to civil rights cases.