our federal court system “ laws are a dead letter without courts to expound and define their true...
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Our Federal Court System
“Laws are a dead letter without courts to expound and define their true meaning and operation.”
– Alexander Hamilton
Establishing the Court SystemThe Articles of Confederation
No national courtNo national judiciary
This created problems:The laws of the United States were interpreted
and applied as each State saw fit, and sometimes not at all
Disputes between two states were decided, if at all, in one of the two states involved, however . . . Often these decisions were ignored by the courts in
other states.
A Dual Court System
We have two separate court systems in the United StatesNational court system (more than 100 courts)State court system (more than 1000 courts)
Most cases are heard in state, not federal, courts
The Two Types of Federal Courts
The Supreme CourtInferior Courts
1. The Constitutional Courts Federal courts that Congress has formed under
Article III to exercise “the judicial power of the United States”
2. The Special Courts Created by Congress to hear cases arising out of
some of the expressed powers given to Congress in Article I
The Constitutional Courts1. 12 U.S. Courts of Appeals
2. 94 District Courts
3. U.S. Court of Appeals for the Federal Circuit
4. U.S. Court of International Trade
The Special Courts1. U.S. Court of Federal Claims
2. Territorial Courts
3. U.S. Tax Court
4. U.S. Court of Appeals for the Armed Forces
5. U.S. Court of Appeals for Veterans Claims
6. Courts of the District of ColumbiaWashington D.C.
The Supreme CourtThe only court specifically created by the
ConstitutionArticle III, Section I
Made up of the Chief Justice of the United States and eight associate judges
Supreme Court Justices are appointed for life or until they retireThey are appointed by the President
Can you name any of the Supreme Court justices?
John G. Roberts, Jr.17th Chief Justice of the
United States Supreme Court
Attended:HarvardHarvard Law School
ConservativeNominated by President
George W. Bush Took his seat September
29, 2005, after the death of former Chief Justice William H. Rehnquist.
John Paul StevensAssociate JusticeAttended:
University of ChicagoNorthwestern
University’s School of Law
LiberalNominated by President
Gerald Ford Took his seat December
19, 1975
Antonin ScaliaAssociate JusticeAttended:
Georgetown UniversityUniversity of Fribourg
(Switzerland) Harvard Law School
ConservativeNominated by
President Ronald Reagan
Took his seat September 26, 1986
Anthony M. KennedyAssociate JusticeAttended:
Stanford UniversityThe London School
of EconomicsHarvard Law School
Swing voterNominated by
President Ronald Reagan
Took his seat on February 18, 1988
Clarence ThomasAssociate JusticeAttended:
Conception SeminaryThe Holy Cross
CollegeYale Law School
ConservativeNominated by George
H.W. BushTook his seat on
October 23, 1991
Ruth Bader GinsburgAssociate JusticeAttended:
Cornell UniversityHarvard Law SchoolColumbia Law School
LiberalNominated by
President Bill ClintonTook her seat on
August 10, 1993
Stephen G. BreyerAssociate JusticeAttended:
Stanford UniversityThe Magdalen College
(Oxford)Harvard Law School
LiberalNominated by
President Bill ClintonTook his seat on
August 3, 1994
Samuel Anthony Alito, Jr.One of the newest
members of the Supreme CourtAppointed after the
retirement of Justice Sandra Day O’Connor
Associate JusticeConservativeNominated by George
W. Bush Took his seat on
January 31, 2006
Sonia SotomayorAssociate JusticeAttended:
Princeton UniversityYale Law School
LiberalFirst Latina justice;
third female justiceNominated by Barack
ObamaReplaced David Souter
in August of 2009
Judicial ReviewDefinition: the power of a court to determine
the constitutionality of a government action
Most courts in this country both federal and state may exercise this critically important power, however . . .
The ultimate exercise of that power rests with the Supreme Court of the United States
Supreme Court JurisdictionThe Supreme Court has both original and
appellate jurisdiction, most cases come to the Supreme Court through:
Appellate JurisdictionThis means that they arrived there after going
through the appeals process These cases have already been through the
highest state courts and the lower federal courtsThere are, on average, some 8,000 cases that
reach the Supreme Court through the appeals process each year
Supreme Court JurisdictionOriginal Jurisdiction
The Supreme Court can hear two classes of cases:1. Those to which a State is a party2. Those affecting ambassadors, other public ministers,
and consulsCongress cannot enlarge on this constitutional
grant of original jurisdiction, however . . . Congress was able to create a constitutional provision
granting the Supreme Court to also have exclusive jurisdiction over:
1. All controversies involving two or more states
2. All cases brought against ambassadors or other public ministers, but not consuls.
How Cases Reach the CourtThere are two ways in which cases reach the
Supreme Court1. By the writ of certiorari (Latin)
Means “to be made more certain” This writ is an order by the Supreme Court for a lower
court to send up the record in a given case for its review
Either party in a case can petition the Court to issue a writ, but cert is only granted in a limited number of cases – usually only when an important Constitutional question arises.
2. By certificate This is much less common, cases which arrived on
certificate arrive because a lower court is not clear about the procedure or the rule of law that should apply in a case.
How the Court Operates Briefs
Briefs are written documents filed with the Court before oral arguments begin
These detailed statements support one side of a case, presenting arguments built largely on relevant facts and the citation of previous cases
Oral Arguments When the Supreme Court accepts a case, it sets a
date for the case to be heard Typically they consider cases in two week cycles
They hear oral arguments for weeks, then recess for two weeks to consider those cases
The Court in ConferenceThe Justices meet in conference twice a week on
Wednesdays and Fridays; here, they consider in secrecy the oral arguments they’ve heard
The Chief Justice presides over the conference, he speaks first on each case and usually indicates how he intends to vote
He is followed by the Associate Justices who speak in order based on seniority (how long they’ve served)
Once each Justice has issued their initial opinion, they debate
Issuing OpinionsAbout a third of the Supreme Court’s decisions
are unanimous, most find the Court divided.Opinions
Majority OpinionConcurring OpinionDissenting Opinions
PrecedenceThe written opinions of the Court are extremely
valuable, the majority opinion stands as precedence; that is, as an example to be followed in similar cases should they arise in lower courts.
OpinionsMajority Opinion
Officially called the Opinion of the Court, it announces the Court’s decision in a case and sets out the reasoning on which it is based.
Concurring Opinion Often one or more of the justices who agree with the Court’s
decision may write a concurring opinion, this is usually done to add or emphasize a point that was not made in the majority opinion.
Dissenting Opinion Often written by those justices who do not agree with the Court’s
majority decision; on rare occasions, the Court does reverse itself . . . the minority opinion of today could become the Court’s majority position in the future.
Knowing this, why is it considered such a big deal when a seat opens up and the President has the opportunity to fill it?