3. 3
The Jurisdiction of the
Federal Courts
â– Jurisdiction - the authority of the
courts to hear certain cases.
â– Under the Constitution, the federal
courts have jurisdiction in cases
involving federal law, treaties, and
the interpretation of the
Constitution.
4. 4
The Jurisdiction of the
Federal Courts
â– Original Jurisdiction - lower courts hear
cases for the first time (district court)
â– trial with evidence, and jury option
â– Appellate Jurisdiction - courts hear
reviews or appeals of decisions from
lower courts (Court of Appeals and
Supreme Court)
â– Concurrent Jurisdiction - cases to be
tried in either federal or state courts
9. 9
Structure of the Judicial System
â– Supreme Court - the only court actually
created directly by the Constitution
â– Highest Court, Final Authority
â– Has Original and Appellate
Jurisdiction
â– 1869 - Current Size Set (9 Judges, 1
Chief Justice, 8 Associate)
â– Nominated by President, Confirmed
by Senate
10. 10
Judicial Selection
â– Lower Courts
â– Large number of appointments
â– Handled by Justice Department and
White House Staff
â– Senatorial Courtesy - allowing
individual senators who represent
the state to approve/disapprove
nominees to District Court
13. 13
The Supreme Court in Action
â– Amicus curiae - friend of the court (filed
by interested parties to support or
reject arguments of case)
â– Majority opinion - majority of justices
agree on the decision and its reasons
â– Concurring opinion - a justice agrees
with the majority opinion but not the
reasoning
â– Dissenting opinion - a justice who
disagrees with the majority opinion
19. 19
Courts as Policymakers
â– New Deal Era
â– Supreme Court struck down laws
designed to end the Great
Depression
■FDR proposed “court packing” -
increase the number of justices
â– Did not pass Congress but placed
enough pressure on Court to change
voting (“switch in time to save nine”)
20. 20
Warren Court (1953-1969)
■Termed “most liberal court ever”
â– Active in civil rights and liberties
â– Brown v BOE 1954 (desegregation)
â– Gideon v Wainwright 1963 (attorney)
â– Miranda v Arizona 1966 (read rights
at time of arrest)
21. 21
The Burger Court (1969-1986)
â– More conservative ideology,
narrowing the rights of defendants
â– Roe v Wade 1973 (abortion)
â– US v Nixon 1974 (executive
privilege did not apply)
â– Regents of University of CA v
Bakke 1978 (affirmative action
legal, but quotas not)
22. 22
Rehnquist and Roberts
Courts (1986-Present)
â– Conservative court continued to limit,
but not reverse defendants’ rights,
abortion, and affirmative action