US Courts - Federal Courts

Framers designed federal courts to balance powers of President and Congress
1. Federal courts seem to act much more against congressional power
  1. Growth of presidential power has been reinforced by federal courts - Presidential claims to powers in foreign policy, war, legislative etc have all been upheld
Only 1% of all court cases in US heard in Federal Courts
1. Cases heard in federal courts if they involve federal laws, treaties with other nations or the US Constitution
  1. Also cases in which the US gvt is a party e.g. violating a federal criminal statute such as tax evasion
2. Federal courts organised by geography - nation into 94 judicial districts
  1. Judicial districts into 11 regional circuits
    1. Each circuit has 1 appellate court to hear appeals
3. Also federal courts for specific cases e.g. US Court of Int. Trade (customs issues)
4. Decision of the highest state court can then be appealed to US Supreme Court
  1. Supreme Court NOT obliged to hear the case - only if it believes the matter has national significance
5. Federal courts are where the powers/limitations of the national gvt are tested
6. By having power to review decisions of state courts, the federal courts ultimately dominate US judicial system
Types of law cases fall under
1. Criminal - government charges individual with breaking a statute enacted to protect public health, safety, morals or welfare
2. Civil law - disputes between individuals or between individuals and gvt where no criminal violation has occurred
3. Public law - plaintiffs or defendants in civil/criminal case seek to show their case involves the powers of gvt or rights of citizens
  1. Major part of public law - constitutional law (where court decides if gvt actions conform to Constitution)
Federal System of courts
1. US District Courts
  1. US Court of Appeals
    1. Request for review
      1. Supreme Court of US
How judges are appointed
1. President appoints federal judges (inc. Supreme Court judges)
  1. Many were former state judges, prominent attorneys or highly regarded law professors
  2. In general, judges must possess legal experience, good character and similar partisan/ideological views to the president
  3. Constitution requires Senate to "advise and consent" to federal judicial appointments
    1. Gives Congress a check on presidential power over judiciary
    2. Senate Judiciary Committee - considers the potential judge nominated by the president
      1. Confirmed by majority vote in Senate
        If president does not have control of Senate, the Senate can block the president's federal court nominations e.g. Democrats blocked 8/11 of Bush's federal court nominations
  4. Since 1950s judicial appointments have become increasingly partisan and ideological
    1. Senate Judiciary Committee questions nominees about a wide range of issues from gun control to abortion etc
    2. Danger for court system - courts derive much of their authority from their position of political independence

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US Courts - Federal Courts

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	Created by Mark Mortimer almost 11 years ago