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Federal Court
System
History of Federal
Judiciary
The Founding Fathers
knew that a separate
and co-equal judicial
branch was necessary
for a democratic
government to protect
the citizens and ensure
that the President and
Congress did not gain
too much power
Judicial
Independence
How do we maintain
Judicial
Independence?
 Life terms – judges can only be
removed for serious offences
 Congress cannot lower judges’
salaries during their term of office
 Federal judges are appointed, not
elected – they do not have to please
voters by their decisions
Types of
Jurisdiction
Original Jurisdiction: authority to hear a case
first (determines facts of the case, and in a
criminal trial, guilt or innocence)
Appellate Jurisdiction: authority to review a
case and change lower court decision
 Does NOT determine facts or guilt/innocence
 Determines if error occurred in first trial, either in
procedure or interpretation of law
Structure of
Federal Courts
America has a system of Federal trial courts
spread throughout the nation
 This ensures that each court has a
strong local
orientation
 Also unites all the
separate states
under a consistent
system of law
U.S. District Courts
 Lowest Federal Courts (94 in all)
 Have Original Jurisdiction over cases
involving federal law, treaties or
violations of the Constitution or where
federal government
is party to a
lawsuit
 Usually jury
decides the case
U.S. District Court, New Haven, CT
U.S. District Courts
 There is at least one district court in
every state and U.S. territory
(Michigan has 2 - Detroit and Grand
U.S. District
Court, Detroit,
MI
U.S. Court of
Appeals Next level of courts have Appellate
Jurisdiction – review cases from lower federal
courts and administrative agencies
U.S. Court of Appeals, Richmond, VA
• Decided by a
panel of
judges
U.S. Court of
Appeals
There are 13
Federal Appeals
Courts.
3. The Appeals
Court for the
Michigan
districts is in
Ohio.
U.S. Court of Appeals for the 6th
Circuit,
Cincinnati, OH
U.S. Supreme Court
 Highest Court in
the land
 Mostly reviews
cases from
lower courts
(federal and
state courts)
U.S. Supreme Court
 Does have original jurisdiction over
a few types of cases:
 cases involving foreign ambassadors
 disputes
between the
states
 disputes
between a
state and the
federal
government
U.S. Supreme Court
Makeup of the Supreme Court:
 9 Justices (usually)
 Current Chief Justice: John Roberts
Minority Firsts:
•First Jewish Justice: Louis
Brandeis (Wilson)
•First African-American:
Thurgood Marshall (LBJ)
•First Female: Sandra Day
O’Connor (Reagan)
•First Hispanic: Sonia
Sotomayor (Obama)From top left: Sotomayor, Breyer, Alito, Kagan, Ginsburg,
Kennedy, Roberts, Scalia (deceased), Thomas
What is Judicial
Review?
 The power of the
judicial branch of
government to
decide if laws or
acts of the
President violate
the Constitution.
• If the law or action is declared
unconstitutional, it becomes NULL AND
VOID (not to be obeyed or enforced).
Judicial Review
 This power is NOT granted to the Courts by the
Constitution. It is IMPLIED.
 The Supreme Court gained this power just by
exercising it in the case of Marbury vs. Madison
 The Court stated that a
provision in the Judiciary
Act of 1789 was unconsti-
tutional, which started the
Judicial Branch on the road
to being equal in power to
the other branches
Judicial Review
Case Study
“Separate, but Equal”
14th
Amendment
 Added to Constitution after Civil War
 Guaranteed “equal protection under
the law” to all Americans – everyone
is supposed to have
equal treatment from
the government
“Separate, But
Equal”
 The South’s answer to the 14th
Amendment –
segregation
 The argument – facilities (schools,
transportation, theaters, restaurants, etc.) are
equal, and so don’t violate 14th
Amendment
 Extremely difficult to change through
democratic process as states made it almost
impossible for Black citizens to vote
Plessy v. Ferguson
(1896)
 Ruling:
 Segregated facilities were constitutional
 14th
Amendment’s Equal Protection Clause
protected political equality, not social equality
 “Separate, but equal” did not imply inferiority of
one race to another
 Became basis of Jim Crow, the series of laws
that established segregation as a way of life
in the South for the next 60 years
Brown v. Board of Ed
(1954)
 Overturned Plessy by declaring segregation
of public schools unconstitutional
 Proclaimed that separate facilities are
inherently unequal
 No one else was going to right this wrong –
not Congress or the President or the states or
the people – the majority was oppressing the
minority and the only institution that could
help them was the Court because it was not
accountable to the people

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powerpoint.26

  • 2. History of Federal Judiciary The Founding Fathers knew that a separate and co-equal judicial branch was necessary for a democratic government to protect the citizens and ensure that the President and Congress did not gain too much power
  • 4. How do we maintain Judicial Independence?  Life terms – judges can only be removed for serious offences  Congress cannot lower judges’ salaries during their term of office  Federal judges are appointed, not elected – they do not have to please voters by their decisions
  • 5. Types of Jurisdiction Original Jurisdiction: authority to hear a case first (determines facts of the case, and in a criminal trial, guilt or innocence) Appellate Jurisdiction: authority to review a case and change lower court decision  Does NOT determine facts or guilt/innocence  Determines if error occurred in first trial, either in procedure or interpretation of law
  • 6. Structure of Federal Courts America has a system of Federal trial courts spread throughout the nation  This ensures that each court has a strong local orientation  Also unites all the separate states under a consistent system of law
  • 7. U.S. District Courts  Lowest Federal Courts (94 in all)  Have Original Jurisdiction over cases involving federal law, treaties or violations of the Constitution or where federal government is party to a lawsuit  Usually jury decides the case U.S. District Court, New Haven, CT
  • 8. U.S. District Courts  There is at least one district court in every state and U.S. territory (Michigan has 2 - Detroit and Grand U.S. District Court, Detroit, MI
  • 9. U.S. Court of Appeals Next level of courts have Appellate Jurisdiction – review cases from lower federal courts and administrative agencies U.S. Court of Appeals, Richmond, VA • Decided by a panel of judges
  • 10. U.S. Court of Appeals There are 13 Federal Appeals Courts. 3. The Appeals Court for the Michigan districts is in Ohio. U.S. Court of Appeals for the 6th Circuit, Cincinnati, OH
  • 11. U.S. Supreme Court  Highest Court in the land  Mostly reviews cases from lower courts (federal and state courts)
  • 12. U.S. Supreme Court  Does have original jurisdiction over a few types of cases:  cases involving foreign ambassadors  disputes between the states  disputes between a state and the federal government
  • 13. U.S. Supreme Court Makeup of the Supreme Court:  9 Justices (usually)  Current Chief Justice: John Roberts Minority Firsts: •First Jewish Justice: Louis Brandeis (Wilson) •First African-American: Thurgood Marshall (LBJ) •First Female: Sandra Day O’Connor (Reagan) •First Hispanic: Sonia Sotomayor (Obama)From top left: Sotomayor, Breyer, Alito, Kagan, Ginsburg, Kennedy, Roberts, Scalia (deceased), Thomas
  • 14. What is Judicial Review?  The power of the judicial branch of government to decide if laws or acts of the President violate the Constitution. • If the law or action is declared unconstitutional, it becomes NULL AND VOID (not to be obeyed or enforced).
  • 15. Judicial Review  This power is NOT granted to the Courts by the Constitution. It is IMPLIED.  The Supreme Court gained this power just by exercising it in the case of Marbury vs. Madison  The Court stated that a provision in the Judiciary Act of 1789 was unconsti- tutional, which started the Judicial Branch on the road to being equal in power to the other branches
  • 17. 14th Amendment  Added to Constitution after Civil War  Guaranteed “equal protection under the law” to all Americans – everyone is supposed to have equal treatment from the government
  • 18. “Separate, But Equal”  The South’s answer to the 14th Amendment – segregation  The argument – facilities (schools, transportation, theaters, restaurants, etc.) are equal, and so don’t violate 14th Amendment  Extremely difficult to change through democratic process as states made it almost impossible for Black citizens to vote
  • 19. Plessy v. Ferguson (1896)  Ruling:  Segregated facilities were constitutional  14th Amendment’s Equal Protection Clause protected political equality, not social equality  “Separate, but equal” did not imply inferiority of one race to another  Became basis of Jim Crow, the series of laws that established segregation as a way of life in the South for the next 60 years
  • 20. Brown v. Board of Ed (1954)  Overturned Plessy by declaring segregation of public schools unconstitutional  Proclaimed that separate facilities are inherently unequal  No one else was going to right this wrong – not Congress or the President or the states or the people – the majority was oppressing the minority and the only institution that could help them was the Court because it was not accountable to the people