kerricks notes for ch 9 fixed

9.1 Roots of the Federal Judiciary

Alexander Hamilton in Federalist No. 78 argues that the Judiciary is the least dangerous branch of government since it has no influence over either the sword or the purse. Anti-Federalists, however, disagreed vehemently on the potential power of the judiciary and its implications for state sovereignty. Judges are appointed for life as stated in Article III, Section 1, ensuring independence from political pressures.

9.2 Key Provisions of Article III

  • Judicial Review: Although not explicitly mentioned in the Constitution, this power allows courts to determine the constitutionality of legislative and executive actions.

  • Criminal Trials: All federal crimes must be tried by a jury in the state where the crime was committed, ensuring that the local community has a voice in federal jurisprudence.

  • Judges' Tenure: Judges can serve for life, provided they maintain "good behavior," which serves as a safeguard for impartiality and integrity in the judiciary.

9.3 Judicial Powers and Jurisdiction

Article III, Section 2 establishes the scope of powers and jurisdiction of federal courts. Jurisdiction is the authority to hear and decide cases, categorized into original and appellate jurisdiction. Congress holds the power to alter court jurisdiction, propose amendments, and impeach judges, demonstrating a system of checks and balances.

9.4 The Judiciary Act of 1789

The Judiciary Act of 1789 laid the foundation for the federal court system and established its structure consisting of three tiers: Federal District Courts, Circuit Courts, and the Supreme Court. Federal District Courts are mandated to exist in every state, with appeals directed to the three Circuit Courts.

9.5 Evolution of the Supreme Court

The Supreme Court began with six justices, which later expanded to the current number of nine. The Judiciary Act of 1801 attempted to reduce the number of justices and subsequently created additional Circuit Courts, although it was repealed by the Judiciary Act of 1802. The Judiciary Act of 1891 established the U.S. Court of Appeals, transferring numerous appeals from district courts to streamline the process. Significant cases during the early years, such as Chisholm v. Georgia (1793), expanded the Court's jurisdiction and contributed to the adoption of the 11th Amendment. Marbury v. Madison (1803) established the principle of judicial review, which has become essential to the Court's power and influence in American jurisprudence.

  • Congressional Oversight: Congress has the authority to change the jurisdiction of the federal courts, as well as create or eliminate lower courts, impacting how the judiciary operates.

  • Impeachment Powers: Congress can impeach and remove federal judges, including Supreme Court justices, for misconduct or failure to perform their duties.

  • Confirmations and Appointments: The President nominates judges, while the Senate confirms these appointments, allowing them to influence the judiciary's composition and ideological balance.

  • Legislation: Congress can pass laws that limit the judiciary's power or modify its jurisdiction, reflecting a check on judicial authority.

  • Constitutional Amendments: If the judiciary interprets the Constitution in a way that Congress disagrees with, Congress can propose an amendment to the Constitution to explicitly clarify or alter the judiciary's role, which requires significant political consensus.