🫡State and Federal Constitutions Unit 9 – Federal and State Courts: The Judicial Branch

Key Players and Structure

• The judicial branch consists of the Supreme Court and lower federal courts established by Congress
• Supreme Court justices are nominated by the President and confirmed by the Senate for lifetime appointments
• The Chief Justice of the Supreme Court presides over the court and is the highest-ranking member of the federal judiciary
• Federal judges are also nominated by the President and confirmed by the Senate, but serve fixed terms rather than lifetime appointments
• The structure of the federal court system includes three main levels:
  • District Courts (trial courts)
  • Circuit Courts of Appeals (intermediate appellate courts)
  • Supreme Court (highest appellate court)
• State court systems generally mirror the structure of the federal system with trial courts, intermediate appellate courts, and a state supreme court
• Judges in state courts may be appointed or elected, depending on the state's constitution and laws

Historical Background

• Article III of the U.S. Constitution established the judicial branch as one of three separate and distinct branches of government
• The Judiciary Act of 1789 created the federal court system and established the Supreme Court with six justices
• Marbury v. Madison (1803) established the principle of judicial review, granting the Supreme Court the power to declare laws unconstitutional
• The number of Supreme Court justices has changed over time, with the Judiciary Act of 1869 setting the number at nine, where it remains today
• The Judiciary Act of 1925 (Certiorari Act) gave the Supreme Court greater control over its docket by allowing it to choose which cases to hear
• The creation of intermediate appellate courts (Circuit Courts of Appeals) in 1891 helped alleviate the Supreme Court's caseload
• Throughout history, the Supreme Court has played a crucial role in interpreting the Constitution and shaping American law and society (Brown v. Board of Education, Roe v. Wade)

Federal Court System

• The federal court system is divided into 94 judicial districts, each with its own District Court
• District Courts are the trial courts of the federal system, hearing both civil and criminal cases
• There are 13 Circuit Courts of Appeals, each covering a specific geographic region
• Circuit Courts hear appeals from District Courts and certain federal agencies
• The Supreme Court is the highest court in the federal system and has the final say on matters of federal law
• The Supreme Court has original jurisdiction in cases involving disputes between states or cases involving ambassadors
• The Supreme Court has appellate jurisdiction over cases from lower federal courts and state courts involving federal law or constitutional issues
• The Supreme Court typically hears cases through a process of "granting certiorari," where at least four justices agree to hear a case

State Court Systems

• Each state has its own court system, established by the state's constitution and laws
• State court systems typically include trial courts (often called Superior Courts or Circuit Courts), intermediate appellate courts, and a state supreme court
• Trial courts in state systems hear a wide range of civil and criminal cases, including family law, contract disputes, and felony crimes
• Intermediate appellate courts review decisions made by trial courts and certain state agencies
• State supreme courts are the highest courts in each state and have the final say on matters of state law
• Some states have specialized courts, such as family courts, juvenile courts, or drug courts, to handle specific types of cases
• The jurisdiction of state courts is generally broader than that of federal courts, as they can hear cases involving state laws and state constitutional issues

Jurisdiction and Authority

• Jurisdiction refers to a court's authority to hear and decide cases
• Federal courts have jurisdiction over cases involving federal laws, the U.S. Constitution, and disputes between citizens of different states (diversity jurisdiction)
• State courts have jurisdiction over cases involving state laws and state constitutional issues
• The Supreme Court has the authority to decide cases involving federal law and to interpret the U.S. Constitution
• The principle of "supremacy" established in Article VI of the Constitution means that federal law takes precedence over conflicting state laws
• The doctrine of "concurrent jurisdiction" allows some cases to be heard in either federal or state court, depending on the specific issues involved
• The Eleventh Amendment limits the ability of federal courts to hear cases against states, granting states "sovereign immunity"
• The Ex parte Young doctrine provides an exception to sovereign immunity, allowing federal courts to hear cases against state officials for violations of federal law

Landmark Cases and Precedents

• Marbury v. Madison (1803) established the principle of judicial review
• McCulloch v. Maryland (1819) affirmed the supremacy of federal law over state law and established the doctrine of implied powers
• Gibbons v. Ogden (1824) defined the scope of Congress's power to regulate interstate commerce
• Dred Scott v. Sandford (1857) held that African Americans were not citizens and could not sue in federal court, a decision later overturned by the 14th Amendment
• Plessy v. Ferguson (1896) upheld the constitutionality of racial segregation under the "separate but equal" doctrine
• Brown v. Board of Education (1954) overturned Plessy and held that segregation in public schools was unconstitutional
• Gideon v. Wainwright (1963) established the right to legal counsel for criminal defendants in state courts
• Roe v. Wade (1973) recognized a constitutional right to privacy and legalized abortion nationwide
• Bush v. Gore (2000) effectively decided the outcome of the 2000 presidential election by halting the Florida recount

Judicial Processes and Procedures

• Cases in federal and state courts typically begin with the filing of a complaint by the plaintiff
• The defendant then has the opportunity to respond to the complaint through an answer or a motion to dismiss
• In criminal cases, the process begins with an arrest, indictment, or information filed by the prosecutor
• Pretrial procedures include discovery (the exchange of information between parties), motions, and settlement negotiations
• If a case goes to trial, both parties present evidence and arguments before a judge or jury
• In a jury trial, the jury is responsible for determining the facts of the case, while the judge instructs the jury on the applicable law
• After a trial, the losing party may appeal the decision to a higher court
• Appellate courts review the record of the case and the legal arguments presented, but do not hear new evidence or testimony
• The Supreme Court's primary tool for deciding cases is the "opinion," a written explanation of the Court's decision and reasoning

Contemporary Issues and Debates

• The role of the judiciary in interpreting the Constitution and striking down laws has been a source of ongoing debate (judicial activism vs. judicial restraint)
• The appointment process for federal judges, particularly Supreme Court justices, has become increasingly politicized in recent years
• The use of "litmus tests" for judicial nominees, such as their views on abortion or gun rights, has been criticized by some as undermining judicial independence
• The Supreme Court's decisions on controversial issues such as abortion, affirmative action, and same-sex marriage have sparked ongoing political and social debates
• The doctrine of "originalism," which holds that the Constitution should be interpreted according to its original meaning, has gained prominence among conservative legal scholars and judges
• Critics argue that originalism fails to account for changes in society and technology and can lead to unjust outcomes
• The increasing use of "forum shopping," where plaintiffs seek to file cases in courts perceived as more favorable to their position, has raised concerns about the fairness and consistency of the legal system
• Proposals for reforming the judiciary, such as term limits for Supreme Court justices or changes to the appointment process, continue to be debated by legal scholars and policymakers