JBR - The Structure of the Federal Courts Lesson
The Structure of the Federal Courts Lesson
"The Judicial Power of the United States shall be vested in one Supreme Court, and
in such inferior Courts as the Congress may from time to time ordain and establish."
ARTICLE III, SECTION I
In the federal court system, the Supreme Court has appellate jurisdictions over all courts in the United States.
Structure of the Federal Court System
While colonies in North America were comprised of Spanish, French, and British powers, it was the background of British influence which became the foundation for the United States.
Types of Federal Court Jurisdiction
Jurisdiction is the court's authority to interpret and apply the law to court cases. Jurisdiction has defined areas of responsibility, which may include tax law, constitutional law, criminal law, etc. The term is also used to define a geographic area. For example, laws in the state of Florida may be different from those in the state of Georgia. If a person from Florida sued another person from Georgia over a land transaction that took place in Alabama, the case could be tried in state court in either Florida or Georgia, because of where the parties live, or in the state of Alabama because of the location of the property. However, the case could not be heard or tried in California. This is because there are no ties to the state of California for either party. The California state court would dismiss all claims because it would not have jurisdiction.
Below is a presentation on the Judicial Branch.
According to the Constitution, Congress creates courts. Congress also has the power to reorganize and even dismantle the court system. This power is one of the many examples of checks and balances within the U.S. Constitution, but it also reveals the Founding Fathers' intent to grant greater powers to the legislative branch than the judicial branch of government.
Most of the basic court structure within the U.S. has changed little since it was created by the Judiciary Act of 1789. This is an indication that Congress generally does not use this power. The independence of the court system, as well as the evolutionary power of the judicial branch, has been generally respected by members of Congress.
Types of CourtsStructure of the Federal Courts
Watch this brief presentation on The Structure of Federal Courts.
The Power of the Federal Court System
Checks on Judicial Power
The president and U.S. Congress have control over some aspects of the judiciary with their power to appoint and confirm the appointments of judges and justices. Congress also has the power to impeach judges, change the organization of the court system, and amend the Constitution. For example, Congress has the power to bypass a court ruling by passing a slightly different law than the one declared unconstitutional by the Supreme Court.
Courts have limited power to implement the decisions that they make. For example, in 1831, the Supreme Court ruled in favor of the Cherokee Indians and against their removal from their native lands. (Trail of Tears - nearly 4,000 Cherokee died as a result of the Indian removals.) However, President Andrew Jackson disagreed with the Supreme Court decision. He carried out the removal of the Cherokee, and the Supreme Court was powerless to enforce its decision.
The Power of the Courts
The federal courts' most important power is the power of judicial review, or the authority to interpret the U.S. Constitution. When federal judges rule that laws are unconstitutional, they make a huge impact on public policy. For example, federal judges have declared over 100 federal laws unconstitutional.
Another way the Supreme Court expresses its power is its ability to overrule itself. In the 1954 Landmark Supreme Court case of Brown v. Board of Education of Topeka, the Supreme Court ruled schools that were segregated by race were unconstitutional. The Brown v. Board of Education of Topeka case reversed the decision of the "separate but equal" doctrine that was decided in the 1896 Plessy v. Ferguson ruling.
Judicial Activism vs. Judicial Restraint
The lack of agreement regarding the policy making power of the courts is reflected in the ongoing debate over judicial activism versus judicial restraint.
Review the table below to understand the views and differences between judicial activism versus judicial restraint that affect how decisions are made on the outcome of court cases.
| Judicial Activism | Judicial Restraint |
|---|---|
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IMAGES CREATED BY GAVS OR OPENSOURCE