Judicial Branch, Civil Liberties,
& Civil Rights
Unit 6
1
• Students Will …
• Analyze the structure, powers, and roles of the judicial branch of the United States
government, including landmark United States Supreme Court decisions
• Examine how the Constitution guarantees due process of law through
Constitutional mandates and Amendments Constitutional mandates (e.g., the right
of habeas corpus, no bill of attainder, and the prohibition of ex post facto laws)
• Analyze basic individual rights and freedoms guaranteed by Amendments and
laws. freedom of religion, speech, press, assembly and petition in the First
Amendment
• Define citizenship according to the Fourteenth Amendment (e.g., natural born,
naturalized) & examine the basic political, social responsibilities of citizenship
• By taking notes, completing in class activities, participating in class
discussions, writing a 2-page unit paper and scoring at least a 70% on unit
exam.
Objective(s): 2
Chapter 18
The Federal Court System
3
• Students will …
• Explain why the Constitution created a national judiciary, &
describe its structure.
• Identify the criteria that determine whether a case is within
the jurisdiction of a federal court, & compare the types of
federal court jurisdiction.
• Outline the process for appointing federal judges.
• List the terms of office for federal judges, explain how their
salaries are determined.
• Examine the roles of federal court officers.
• By taking notes, completing in class activities, &
participating in class discussions.
Objective(s) for Section 1: 4
Why did the Constitution • National judiciary created because state
create a national judiciary? courts under the Articles of
How is it structured? Confederation interpreted federal laws
& applied them differently if at all.
• Article III grants the judicial power to
the Supreme Court & such inferior
courts and Congress sees fit.
• There are two court systems in the
United States: the national judiciary that
spans the country, and the courts run by
each of the 50 States.
• The Constitution created the Supreme
Court and left Congress to establish the
inferior courts—the lower federal
courts. There are two types of federal
courts: (1) constitutional courts and (2)
special courts.
5
What is the criteria that • Jurisdiction is defined as the authority
determines whether a case of a court to hear (to try and to decide) a
is within the jurisdiction of case.
a federal court?
• Article III, Section 2 of the Constitution
provides that the federal courts may
hear a case because either:
1. the subject matter or
2. the parties involved in the case.
6
What is jurisdiction? • Some cases can only be heard in
Explain the difference
between exclusive &
federal courts. In that case,
concurrent jurisdiction. federal courts have exclusive
jurisdiction.
• Many cases may be tried in a
federal court or a State court. In
such an instance, the federal and
State courts have concurrent
jurisdiction.
7
Contrast original & • A court in which a case is first
appellate jurisdiction.
What kind of jurisdiction heard is said to have original
does the Supreme Court jurisdiction over that case.
have?
• A court that hears a case on
appeal from a lower court has
appellate jurisdiction over that
case.
• The Supreme Court exercises
both original and appellate
jurisdiction.
8
How are federal judges • The power to appoint judges to federal
appointed? What are courts falls on the President.
federal judge’s terms of • The President nominates Supreme Court
office & how are their justices, as well as federal court judges, who
salaries determined? are then subject to the approval of the Senate.
• Judges appointed to the constitutional courts,
including the Supreme Court, are appointed
for life.
• Judges of constitutional courts may only be
removed by their own will or through
impeachment. Only 13 federal judges have
ever been impeached, and of them, seven
were convicted.
• Judges who sit in the special courts are
appointed for terms varying from 4 to 15
years.
• Congress determines salaries for federal
judges.
9
Explain the roles of
federal court officers. • Federal judges have many levels of
support in order to fulfill their roles:
• United States magistrates are appointed
by each federal district court judge to
handle duties ranging from issuing
warrants to setting bail in federal
criminal cases.
• Each federal district judge appoints one
bankruptcy judge for their district.
• The President nominates, and the Senate
approves, a United States attorney for
each federal judicial district.
• The President and the Senate also select a
United States marshal to serve each of
the district courts. Marshals act much
like county sheriffs in regard to federal
crimes.
10
1. Why did the Constitution create a national judiciary? How is it
structured?
2. What is the criteria that determines whether a case is within the
jurisdiction of a federal court?
3. What is jurisdiction? Explain the difference between exclusive &
concurrent jurisdiction.
4. Contrast original & appellate jurisdiction. What kind of
jurisdiction does the Supreme Court have?
5. How are federal judges appointed? What are federal judge’s terms
of office & how are their salaries determined?
6. Explain the roles of federal court officers.
Review: 11
• Students will …
• Describe the structure & jurisdiction of the federal district
courts.
• Describe the structure & jurisdiction of the federal courts of
appeals.
• Describe the structure & jurisdiction of the two other
constitutional courts.
• By taking notes, completing in class activities, &
participating in class discussions.
Objective(s) for Section 2: 12
What is the structure & • The 94 federal judicial districts include
jurisdiction of the at least one district in each State, the
federal district courts? District of Columbia, and Puerto Rico.
• Larger and more populous States are
divided into two or more districts,
reflecting the larger amount of judicial
work done there.
• District courts have original jurisdiction
over most cases that are heard in federal
courts.
• The district courts hear a wide range of
criminal cases and civil cases.
• A criminal case, in the federal courts, is
one in which a defendant is tried for
committing some action that Congress
declared by law to be a federal crime. A
federal civil case is one which involves
noncriminal matters. 13
What is the structure & • The courts of appeals were created in
jurisdiction of the federal 1891 to handle much of the burden that
court of appeals? the Supreme Court faced in ruling on
appealed cases.
• Appellate Court Judges
• Altogether, 179 circuit judges sit in
the 12 appeals courts.
• A Supreme Court justice is also
assigned to each of the circuits.
• Appellate Court Jurisdiction
• The courts of appeals only have
appellate jurisdiction, hearing cases
on appeal from lower federal courts.
14
15
What is the structure & • The Court of International Trade
jurisdiction of the court of
international trade & the hears civil cases arising out of
court of appeals for the tariff and other trade-related
federal circuit? laws.
• The Court of Appeals for the
Federal Circuit has nationwide
jurisdiction and hears cases from
several different courts.
• Most cases heard arise from the
U.S. Court of International Trade,
the U.S. Court of Federal Claims,
and the U.S. Court of Appeals for
Veterans Claims.
16
7. What is the structure & jurisdiction of the federal district courts?
8. What is the difference between a criminal case & a civil case?
9. What is the structure & jurisdiction of the federal court of appeals?
10. What is the structure & jurisdiction of the court of international
trade & the court of appeals for the federal circuit?
11. Most of the courts in the federal judiciary are appellate courts.
What does this fact suggest about the American judicial process?
Review: 17
• Students will …
• Define the concept of judicial review.
• Outline the scope of the Supreme Court’s jurisdiction.
• Examine how cases reach the Supreme Court
• Summarize the way the Court operates.
• By taking notes, completing in class activities, &
participating in class discussions.
Objective(s) for Section 3: 18
What is judicial review? • Judicial review refers to the
power of a court to determine the
constitutionality of a government
action.
• The Supreme Court first asserted
its power of judicial review in the
case of Marbury v. Madison
(1803).
• The Court’s decision laid the
foundation for its involvement in
the development of the American
system of government.
19
Describe the Supreme • The Supreme Court has both
court’s jurisdiction. original and appellate
jurisdiction.
• The Court has original
jurisdiction over cases involving
two or more States and all cases
brought against ambassadors or
other public ministers.
• Most cases heard by the Court
are appeals cases. The Court
hears only one to two cases in
which it has original jurisdiction
per year.
20
What does a writ of • For a case to be heard by the
certiorari have in common Court, four of nine judges must
with a certificate? How do
the two differ? agree that it should be placed on
the Court’s docket.
• Most cases reach the Court via
writ of certiorari, an order to a
lower court to send a record in a
given case for its review.
• Cases can reach the Court by
certificate when a lower court
asks for the Court to certify the
answer to a specific question in
the matter.
21
22
Summarize how the • Once the Supreme Court accepts
Supreme Court operates. a case, it sets a date on which
lawyers on both sides will present
oral arguments.
• The Court sits from the first
Monday in October to sometime
the following June or July.
• Briefs are written documents
filed with the Court before oral
arguments begin.
• The Chief Justice presides over a
closed-door conference in which
justices present their views on the
case at hand.
23
Why do you think the • Once the Court finishes its conference,
Supreme Court justices it reaches a decision and its opinion is
often write concurring written.
&/or dissenting opinions
in a case? • The majority opinion, formally called
the Opinion of the Court, announces the
Court’s decision in a case and its
reasoning on which it is based.
• The majority opinions stand as
precedents, or examples to be followed in
similar cases as they arise in the lower
courts or reach the Supreme Court.
• Concurring opinions are sometimes
authored by justices to add or emphasize
a point that was not made in the majority
opinion.
• Dissenting opinions are often written by
those justices who do not agree with the
Court's majority opinion.
24
12. What is judicial review?
13. Describe the Supreme court’s jurisdiction.
14. How do cases reach the Supreme Court?
15. What does a writ of certiorari have in common with a certificate?
How do the two differ?
16. Summarize how the Supreme Court operates.
17. Why do you think the Supreme Court justices often write
concurring &/or dissenting opinions in a case?
18. How does the Court’s power of judicial review affect the balance in
the Federal Government?
Review: 25
• Students will …
• Explain how a citizen may sue the government in the Court
of Federal Claims.
• Examine the roles of the territorial courts & of the District
of Columbia courts.
• Contrast the functions of the Court of Appeals for the
Armed Forces & the Court of Appeals for Veterans Claims.
• Explain what types of cases are brought to the Tax Court.
• By taking notes, completing in class activities, &
participating in class discussions.
Objective(s) for Section 4: 26
How can a citizen sue the • The U.S. Court of Federal Claims
government in the Court of handles all pleas against acts of
Federal Claims?
the United States government.
• Established in 1993, composed of 16
judges appointed by the President,
serve 15 year terms.
• Those who have claims against the
United States can possibly secure
redress—satisfaction of a claim,
usually through payment—through
this court.
27
What are the roles of the • Under its power to govern the territories
territorial courts & of the of the United States, Congress created
District of Columbia
courts for the nation’s territories.
courts?
• These courts are in places such as
Guam and the Virgin Islands, and
function much like the local courts in
the 50 States.
• As directed in the Constitution,
Congress established a system of courts
for the “Seat of Government of the
United States.”
• The District of Columbia handles all
local judicial matters for the district,
including trials and appeals.
28
Contrast the functions of • The Court of Appeals for the Armed
the Courts of Appeals for Forces is a civilian tribunal, a court
the Armed Forces & the operating as part of the judicial branch,
Courts of Appeals for entirely separate from the military
Veterans Claims. establishment.
• The court reviews the more serious
convictions of members of the armed
forces at a court-martial, or trial
involving military law.
• The Court of Appeals for Veterans
Claims hears cases in which individuals
claim that the Department of Veterans
Affairs has denied or otherwise
mishandled valid claims for veterans’
benefits.
29
What types of cases • The U.S. Tax Court was created
are brought to the Tax by Congress in 1969.
Court?
• The Tax Court hears civil but not
criminal cases involving disputes
over the application of the tax
laws.
• Its decisions may be appealed to
the federal courts of appeals.
30
19. How can a citizen sue the government in the Court of Federal
Claims?
20. What does it mean to seek redress in a court?
21. What are the roles of the territorial courts & of the District of
Columbia courts?
22. Contrast the functions of the Courts of Appeals for the Armed
Forces & the Courts of Appeals for Veterans Claims.
23. What is the difference between military tribunals & courts-marital?
24. What types of cases are brought to the Tax Court?
25. Why do you think Congress has seen a need to create special courts
instead of sending all federal cases to the regular courts?
Review: 31