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Presentation Plus! United States Government: Democracy in Action
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Contents
Section 1 Powers of the Federal Courts
Section 2 Lower Federal Courts
Section 3 The Supreme Court
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Chapter Focus (1)
- Lower Federal Courts Explain the jurisdiction of constitutional and legislative courts and the method of selecting federal judges. (Section 2)
- The Supreme CourtDescribe the jurisdiction of the Supreme Court, the duties of its justices, and the way its justices are selected. (Section 3)
- Powers of the Federal CourtsCompare the jurisdiction of federal and state courts and describe the growth of the Supreme Court. (Section 1)
Chapter Objectives
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Chapter Focus (2)
- Section 1Constitutional Interpretations
- Section 2Political Processes
- Section 3 Checks and Balances
Chapter Concepts
Chapter Focus (3)
The political cartoon on the next slide was drawn after the Supreme Court ruled that garbage left at the curb was not protected by the Fourth Amendment.
Making It Relevant Transparency
Making It Relevant 11
Chapter Focus (4)
End of Chapter Focus
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End of Chapter Focus
Section 1-1a
Find Out • How does federal court jurisdiction differ from state court jurisdiction?
• How do Supreme Court decisions reflect the attempts of the justices to meet changing social conditions?
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Key Terms
concurrent jurisdiction, original jurisdiction, appellate jurisdiction, litigant, due process clause
Powers of the Federal Courts
Section 1-1b
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Powers of the Federal Courts
Section Objective Compare the jurisdiction of federal and state courts and describe the growth of the Supreme Court.
Understanding Concepts Constitutional Interpretations How has the Supreme Court historically increased its power?
Section 1-2
- Until Chief Justice John Marshall, who served from 1801 until 1835, the Supreme Court played a very minor role. He helped to increase the power of the Court.
- Today the judicial branch of government is well established as an equal with the legislative and executive branches.
Introduction
- The Constitution provided for a Supreme Court of the United States as a part of the court system that would balance the powers of the other two branches of government.
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Section 1-3
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Jurisdiction of the Courts
- Each of the 50 states has its own system of courts whose powers derive from state constitutions and laws.
- The federal court system consists of the Supreme Court and lower federal courts established by Congress.
- Federal courts derive their powers from the Constitution and federal laws.
- The United States judiciary consists of parallel systems of federal and state courts.
Section 1-4
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Federal Court Jurisdiction
- In the dual court system, state courts have jurisdiction over cases involving state laws, while federal courts have jurisdiction over cases involving federal laws.
- The authority to hear certain cases is called the jurisdiction of the court.
Section 1-5
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Federal Court Jurisdiction (cont.)
- United States laws, including bankruptcy and admiralty or maritime law
- treaties with foreign nations
- interpretations of the Constitution
- The Constitution gave federal courts jurisdiction in cases that involve:
Section 1-6
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Federal Court Jurisdiction (cont.)
- ambassadors and other representatives of foreign governments
- two or more state governments
- the United States government or one of its offices or agencies
- citizens of different states
- a state and a citizen of a different state
- Also, federal courts hear cases if certain parties or persons are involved. These include:
Section 1-7
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Federal Court Jurisdiction (cont.)
- a state or its citizens and a foreign country or its citizens
- citizens of the same state claiming lands under grants of different states
CQ11-01.1
Section 1-8
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Concurrent Jurisdiction
- Concurrent jurisdiction exists, for example, in a case involving citizens of different states in a dispute concerning at least $50,000.
- In such a case, a person may sue in either a federal or a state court.
- In some instances both federal and state courts have jurisdiction, a situation known as concurrent jurisdiction.
Section 1-9
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Original and Appellate Jurisdiction
- If a person who loses a case in a trial court wishes to appeal a decision, he or she may take the case to a court with appellate jurisdiction.
- The Supreme Court has both original and appellate jurisdiction.
- The court in which a case is originally tried is known as a trial court. A trial court has original jurisdiction.
Section 1-10
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Developing Supreme Court Power
- The role of the Court has developed from custom, usage, and history.
- Since its creation by the Constitution, the Supreme Court has developed into the most powerful court in the world.
Section 1-11
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Early Precedents
- The courts must wait for litigants, or people engaged in a lawsuit, to come before them.
- Federal courts will only determine cases. They will not simply answer a legal question, regardless of how significant the issue or who asks the question.
- Neither the Supreme Court nor any federal court may initiate action.
Section 1-12
Marbury v. Madison
- As President Adams’s term expired in 1803, Congress passed a bill giving the president a chance to appoint 42 justices of the peace in the District of Columbia.
- The secretary of state had delivered all but 4 of the commissions to the new officers by the day Thomas Jefferson came into office.
- In the case of Marbury v. Madison, the Court gave an opinion that greatly increased its own power.
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Section 1-13
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Marbury v. Madison (cont.)
- William Marbury, one of those who did not receive his commission, filed suit in the Supreme Court, under a provision of the Judiciary Act of 1789.
- Jefferson, in one of his first acts as president, stopped delivery of the remaining commissions.
Section 1-14
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Marbury v. Madison (cont.)
- However, Marshall said that the Judiciary Act of 1789 had given the Court more power than the Constitution had allowed.
- The chief justice had secured for the Court the power to review acts of Congress–the power of judicial review.
- Chief Justice John Marshall announced the ruling that Marbury’s rights had been violated and that he should have his commission.
Section 1-15
John Marshall’s Influence
- In 1810 in Fletcher v. Peck, the Supreme Court extended its power to review state laws.
- In 1819 in Dartmouth College v. Woodward, the Court applied the protection of contracts to corporate charters.
- In several other key decisions under John Marshall, the Court carved out its power.
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Section 1-16
John Marshall’s Influence (cont.)
- In McCulloch v. Maryland the Court declared that states could not hamper the exercise of legitimate national interests.
- Marshall not only extended the power of the Court, but he also broadened federal power at the expense of the states.
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Section 1-17
John Marshall’s Influence (cont.)
- By 1825 the Court had declared at least one law in each of 10 states unconstitutional.
- In 1824 in Gibbons v. Ogden, the Court broadened the meaning of interstate commerce, further extending federal authority at the expense of the states.
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Section 1-18
States’ Rights Era and the Scott Case
- In Dred Scott v. Sandford (1857) an aging Taney read an opinion that declared…
- President Andrew Jackson nominated Roger Taney as chief justice when John Marshall died in 1835.
- African Americans were not and could not be citizens.
- the Missouri Compromise was unconstitutional.
- Congress was powerless to stop the spread of slavery.
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Section 1-19
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States’ Rights Era and the Scott Case(cont.)
- The national furor over the Scott case damaged the Court.
Section 1-20
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Due Process
- These Reconstruction amendments were intended to ensure the rights and liberties of newly freed African Americans, but the Court refused to apply the due process clause of the Fourteenth Amendment when individuals challenged business or state interests.
- Following the Civil War the Supreme Court issued several rulings on the Thirteenth, Fourteenth, and Fifteenth Amendments.
Section 1-21
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- The due process clause says that no state may deprive any person of life, liberty, or property without the due process of law.
Due Process
Section 1-22
Slaughterhouse Cases
- The cases were brought by butchers seeking to protect their businesses from a Louisiana law that had granted a monopoly on the slaughtering business to one company.
- The first and most significant ruling on the Fourteenth Amendment came down in the 1873 Slaughterhouse Cases.
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Section 1-23
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Slaughterhouse Cases (cont.)
- The Court said that the Fourteenth Amendment only extended protection to those rights, privileges, and immunities that had their source in federal, rather than state, citizenship.
- Competing butchers claimed that the Fourteenth Amendment guaranteed the privileges and immunities of U.S. citizenship, equal protection of the laws, and due process.
Section 1-24
Plessy v. Ferguson
- In Plessy v. Ferguson the Court said that this was a reasonable exercise of state police power to preserve peace and order.
- In 1896 the Court upheld a Louisiana law that required railroads operating within the state to provide separate cars for white and African American passengers.
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Section 1-25
Plessy v. Ferguson (cont.)
- This ruling would not be overturned until Brown v. Board of Education of Topeka in 1954.
- The case established the “separate but equal” doctrine, which held that if facilities for both races were equal, they could be separate.
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Section 1-26
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The Court and Business
- The Court did seem willing to broaden the police power of the states to protect consumers from the growing power of business.
- In the 1870s, in a group of cases known as the Granger Cases, the Court held that some private property, such as a railroad, was invested with a public interest.
- The Court had refused to broaden federal powers to enforce the rights of individuals.
Section 1-27
The Court and Business (cont.)
- In the 1890s, in United States v. E.C. Knight & Co. and other cases, the Court ruled to uphold the monopoly of business trusts.
- In Debs v. United States it upheld the contempt conviction of labor leader Eugene V. Debs, who had disobeyed an order to call off a strike against a railroad company.
- More often, however, the Court sided with business interests as the nation industrialized.
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Section 1-28
The Court and Business (cont.)
- President Franklin D. Roosevelt, angered by the Court’s decision in Schechter Poultry Corporation v. United States and other cases, proposed to increase the number of Supreme Court justices to pack the Court with supportive members.
- Even though this attempt failed, the Court began to uphold laws that regulated business.
- A major constitutional crisis arose in the 1930s over the question of federal and state regulation of the economy.
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Section 1-29
Protecting Civil Liberties
- In Brown v. Board of Education of Topeka (1954), the Court outlawed segregation in public schools.
- In several other cases the Court issued rulings that extended equal protection in voting rights and the fair apportionment of representation in Congress and state legislatures.
- The Supreme Court emerged as a major force in protecting civil liberties under Chief Justice Earl Warren who served from 1953 to 1969.
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Section 1-30
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Protecting Civil Liberties (cont.)
- As the twentieth century drew to a close, it was apparent that the Supreme Court had carved out considerable power to influence policy in the United States.
- In other cases the Warren Court applied due process requirements and Bill of Rights protections to persons accused of crimes.
Section 1-Assessment 1
How does federal court jurisdiction differ from state court jurisdiction?
Federal courts have jurisdiction over cases involving:
a) federal laws
b) treaties
c) interpretation of the Constitution
State courts have jurisdiction over cases involving state laws.
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Section 1-Assessment 2
How do Supreme Court decisions reflect the attempts of the justices to meet changing social conditions?
In the Jackson era, the Court emphasized states’ and individual rights. In the post-Civil War period, business interests were upheld. During the 1950s and 1960s, the Court protected civil liberties.
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End of Section 1
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End of Section 1
Section 2-1a
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Additional lecture notes appear on the following slides.
Find Out • How do constitutional courts and legislative courts differ in their jurisdiction?
• How are federal court justices chosen?
Key Terms
grand jury, indictment, petit jury, judicial circuit, senatorial courtesy
Lower Federal Courts
Section 2-1b
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Additional lecture notes appear on the following slides.
Lower Federal Courts
Section Objective Explain the jurisdiction of constitutional and legislative courts and the method of selecting federal judges.
Understanding Concepts Political Processes If federal judges are shielded from direct political influence, why do presidents try to appoint judges who share their views?
Section 2-2
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- A variety of lower trial and appellate courts handle a growing number of federal cases.
- These courts are of two basic types:
Introduction
- The Constitution created the Supreme Court, but Congress has used its constitutional authority to establish a network of lower federal courts.
- constitutional federal courts
- legislative federal courts
Section 2-3
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Constitutional Courts
- These courts include:
- Courts established by Congress under the provisions of Article III of the Constitution are constitutional courts.
- federal district courts
- federal courts of appeals
- United States Court of International Trade
Section 2-4
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Federal District Courts
- These districts followed state boundary lines. As the population grew and cases multiplied, Congress divided some states into more than 1 district.
- Today the United States has 94 districts, with each state having at least 1 district court.
- Congress created district courts in 1789 to serve as trial courts.
Section 2-5
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Federal District Courts (cont.)
- A grand jury, which usually includes 16 to 23 people, hears charges against a person suspected of having committed a crime and, if evidence warrants, can issue an indictment–a formal accusation charging a person with a crime.
- District courts use 2 types of juries in criminal cases.
Section 2-6
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Federal District Courts (cont.)
- District courts are the workhorses of the federal judiciary, hearing hundreds of thousands of cases each year.
- A petit jury, which usually consists of 6 or 12 people, weighs the evidence presented at a trial in a criminal or civil case and renders a verdict.
Section 2-7
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Officers of the Court
- Each district court appoints a United States magistrate who issues arrest warrants and helps decide whether the arrested person should be held for a grand jury hearing.
- A bankruptcy judge handles bankruptcy cases for each district.
- Each district has a United States attorney to represent the United States in all civil suits brought against the government and to prosecute people charged with federal crimes.
Section 2-8
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Officers of the Court (cont.)
- With the help of deputy clerks, bailiffs, and a stenographer, a clerk keeps records of court proceedings.
- A United States marshal carries out such duties as making arrests, securing jurors, and keeping order in the courtroom.
Section 2-9
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Federal Courts of Appeals
- Congress created the United States courts of appeals in 1891 to ease the appeals workload of the Supreme Court.
- The appellate level includes 13 United States courts of appeals.
- The United States is divided into 12 judicial circuits, or regions, with 1 appellate court in each circuit.
- A person or group that loses a case in a district court may appeal to a federal court of appeals or, in some instances, directly to the Supreme Court.
Section 2-10
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Federal Courts of Appeals (cont.)
- The courts of appeals may decide an appeal in one of three ways:
- The thirteenth court is a special appeals court with national jurisdiction. Usually, a panel of three judges sits on each appeal.
- uphold the original decision
- reverse that decision
- send the case back to the lower court to be tried again
Section 2-11
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Federal Courts of Appeals (cont.)
- In 1982 Congress set up a special court of appeals, called the United States Circuit Court of Appeals for the Federal Circuit.
- This court hears cases from a federal claims court, the Court of International Trade, the United States Patent Office, and other executive agencies.
- Unless appealed to the Supreme Court, decisions of the courts of appeals are final.
CQ11-02.1
Section 2-12
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The Court of International Trade
- The Court of International Trade is based in New York City, but it is a national court.
- This court has jurisdiction over cases dealing with tariffs. Citizens who believe that tariffs are too high bring most of the cases heard in this court.
Section 2-13
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Legislative Courts
- Thus, it was the power of Congress to tax that led to the creation of the United States Tax Court.
- The congressional power of regulating the armed forces led to the formation of the Court of Military Appeals.
- Congress has created a series of courts, referred to as legislative courts, which help Congress exercise its powers.
Section 2-14
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Legislative Courts (cont.)
- Also, congressional supervision of the District of Columbia led to the establishment of a court system for the nation’s capital.
- The duty of Congress to govern overseas territories such as Guam and the Virgin Islands led to the creation of territorial courts.
Section 2-15
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United States Claims Court
- A person who believes that the government has not paid a bill for goods or services may sue in this court.
- Congress established the present Claims Court in 1982 as a court of original jurisdiction that handles claims against the United States for money damages.
Section 2-16
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United States Tax Court
- A federal court of appeals handles cases appealed from the Tax Court.
- Created in 1969, the Tax Court hears cases from citizens who are in dispute with Internal Revenue Service.
Section 2-17
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The Court of Military Appeals
- This court is sometimes called the “GI Supreme Court.”
- Established in 1950, the Court of Military Appeals hears cases involving members of the armed forces convicted of breaking military law.
Section 2-18
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Territorial Courts
- These territorial courts are roughly similar to district courts in function, operation, and jurisdiction.
- The appellate courts for this system are the United States courts of appeals.
- Congress has created a court system in the territories of the Virgin Islands, Guam, the Northern Mariana Islands, and Puerto Rico.
Section 2-19
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Courts of the District of Columbia
- Because the District of Columbia is a federal district, Congress has developed a judicial system for the nation’s capital.
Section 2-20
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The Court of Veterans’ Appeals
- The cabinet-level department was created to deal with veterans’ claims for benefits and other veterans’ problems.
- In 1988 Congress created the United States Court of Veterans’ Appeals to hear appeals from the Board of Veterans’ Appeals in the Department of Veterans Affairs.
Section 2-21
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Selection of Federal Judges
- The Constitution, however, sets forth no particular qualifications for federal judges.
- The legal profession regards a position on the federal bench as a highly desirable post, a recognition of a lawyer’s high standing in the profession.
- Article II, Section 2, of the Constitution provides for appointment of federal judges.
Section 2-22
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Selection of Federal Judges (cont.)
- The reason for the life term is that it permits judges to be free from public or political pressures in deciding cases.
- Judges in the constitutional courts serve, as the Constitution prescribes, “during good behavior,” which, in practice, means for life.
CQ11-02.2a
CQ11-02.2b
Section 2-23
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Party Affiliation
- Another significant factor that emphasizes the political nature of court appointments is the power of Congress to increase the number of judgeships.
- Although presidents often state that they intend to make judicial appointments on a nonpartisan basis, in practice they favor judges who belong to their own political party.
Section 2-24
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Party Affiliation (cont.)
- Studies have shown that when one party controls both the presidency and Congress, it is more likely to dramatically increase the number of judicial posts.
Section 2-25
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Judicial Philosophy
- Because judges are appointed for life, presidents view judicial appointments as an opportunity to perpetuate their political ideologies after leaving the White House.
- Presidents often try to appoint judges who share their own points of view.
Section 2-26
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Senatorial Courtesy
- If either or both senators oppose the president’s choice, the president usually withdraws the name and nominates another candidate.
- The practice of senatorial courtesy is limited to the selection of judges to the district courts and other trial courts.
- Under the senatorial courtesy system, a president submits the name of a candidate for judicial appointment to the senators from the candidate’s state before formally submitting it for full Senate approval.
Section 2-27
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The Background of Federal Judges
- Until the Carter administration, few women, African Americans, or Hispanics were appointed as judges in the lower federal courts.
- Almost all federal judges have had legal training and have held a variety of positions in law or government.
Section 2-28
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The Background of Federal Judges
- President Ronald Reagan appointed Sandra Day O’Connor the first female justice to the Supreme Court.
- President Lyndon Johnson appointed Thurgood Marshall the first African American justice to the Supreme Court.
(cont.)
Section 2-Assessment 1
How do constitutional courts and legislative courts differ in their jurisdiction?
The legislative courts deal with matters involving congressional powers. Constitutional courts handle federal civil and criminal cases, appeals for such cases, and cases involving tariffs.
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Section 2-Assessment 2
How are federal court justices chosen?
Federal judges are appointed by the president with advice and consent of the Senate.
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End of Section 2
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End of Section 2
Section 3-1a
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Additional lecture notes appear on the following slides.
Find Out • Why does the Supreme Court hear very few cases under its original jurisdiction?
• What political influences affect the selection of Supreme Court justices?
Key Terms
riding the circuit, opinion
The Supreme Court
Section 3-1b
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Additional lecture notes appear on the following slides.
The Supreme Court
Section Objective Describe the jurisdiction of the Supreme Court, the duties of its justices, and the way its justices are selected.
Understanding Concepts Checks and Balances Why are persons who are nominated as Supreme Court justices subject to close scrutiny?
Section 3-2
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- The Supreme Court is the court of last resort in all questions of federal law.
- The Court is not required to hear all cases presented before it, and carefully chooses the cases it will consider.
Introduction
- Article III of the Constitution created the Supreme Court as one of three coequal branches of the national government, along with Congress and the president.
Section 3-3
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Introduction (cont.)
- Until 1891, justices earned much of their pay while riding the circuit, or traveling to hold court in their assigned regions of the country.
- Nomination to the Supreme Court today is a very high honor.
Section 3-4
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Supreme Court Jurisdiction
- The Court’s original jurisdiction covers two types of cases:
- The Supreme Court has both original and appellate jurisdiction.
- cases involving representatives of foreign governments
- certain cases in which a state is a party
Section 3-5
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Supreme Court Jurisdiction (cont.)
- The Supreme Court’s original jurisdiction cases form a very small part of its yearly workload–an average of fewer than five such cases a year.
- Many original jurisdiction cases have involved two states or a state and the federal government.
Section 3-6
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- The Supreme Court may also hear cases that are appealed from the highest court of a state, if claims under federal law or the Constitution are involved.
- Under the Supreme Court’s appellate jurisdiction, the Court hears cases that are appealed from lower courts of appeals, or it may hear cases from federal district courts in certain instances where an act of Congress was held unconstitutional.
Supreme Court Jurisdiction (cont.)
Section 3-7
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Supreme Court Justices
- Congress sets this number and has the power to change it. Over the years it has varied from 5 to 10, but it has been 9 since 1869.
- In a recent year the eight associate justices received salaries of $173,600. The chief justice received a salary of $181,400.
- The Supreme Court is composed of 9 justices: the chief justice of the United States and 8 associate justices.
Section 3-8
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Supreme Court Justices (cont.)
- No Supreme Court justice has ever been removed from office through impeachment.
- Under the Constitution, Congress may remove Supreme Court justices through impeachment for and conviction of “treason, bribery, or other high crimes and misdemeanors.”
Section 3-9
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Duties of the Justices
- The main duty of the justices is to hear and rule on cases.
- The duties of the justices have developed from laws, through tradition, and as the needs and circumstances of the nation have developed.
Section 3-10
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Duties of the Justices (cont.)
- Hearing and ruling on cases involves three decision-making tasks:
- deciding which cases to hear from among the thousands appealed to the Court each year
- deciding the case itself
- determining an explanation for the decision, called the Court’s opinion
Section 3-11
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- In addition, the chief justice…
Duties of the Justices (cont.)
- presides over sessions and conferences.
- carries out a leadership role in the Court’s judicial work.
- helps administer the federal court system.
- Occasionally, justices take on additional duties as their workload permits.
- In 1945 Justice Robert Jackson served as chief prosecutor at the Nuremberg trials of Nazi war criminals.
Section 3-12
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- If justices have any personal or business connection with either of the parties in a case, they usually disqualify themselves from participating in that case.
- In 1963 Chief Justice Earl Warren headed a special commission that investigated the assassination of President Kennedy.
Duties of the Justices (cont.)
Section 3-13
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Law Clerks
- Law clerks…
- Law clerks assist the justices with many tasks, enabling the justices to concentrate on their pressing duties.
- read all the appeals filed with the Court.
- write memos summarizing the key issues in each case.
- help prepare the Court’s opinions by doing research and sometimes writing first drafts of the opinions.
Section 3-14
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Law Clerks (cont.)
- After leaving the Court, many clerks go on to distinguished careers as judges, law professors, and even Supreme Court justices themselves.
- The justices each hire a few law clerks from among the top graduates of the nation’s best law schools.
Section 3-15
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Background of the Justices
- Most of the justices selected in the twentieth century were in their fifties when they were appointed to the Court.
- To date, only two African American justices, Thurgood Marshall and Clarence Thomas, and only two women, Sandra Day O’Connor and Ruth Bader Ginsburg, have been appointed.
- Although it is not a formal requirement, a justice usually has a law degree and considerable legal experience.
Section 3-16
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Appointing Justices
- Presidents must be careful to nominate people who are likely to be confirmed by the Senate.
- Several presidents have discovered that it is very difficult to predict how an individual will rule on sensitive issues once he or she becomes a member of the Court.
- Justices reach the Court through appointment by the president with Senate approval.
Section 3-17
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The Role of the American Bar Association
- Since 1952, the ABA’s Committee on the Federal Judiciary has been consulted by every president concerning almost every federal judicial appointment.
- The American Bar Association(ABA) is the largest national organization of attorneys.
Section 3-18
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The Role of the American Bar Association (cont.)
- The role of the ABA is solely to evaluate the professional qualifications of candidates for all Article III judicial positions–the Supreme Court, the United States Courts of Appeals, and the United States District Courts.
Section 3-19
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The Role of Other Interest Groups
- Strong opposition to a nominee by one or more major interest groups may influence the senators who vote on the nominee.
- For example, the National Organization for Women(NOW) may oppose a nominee who is considered to be against women’s rights.
- Interest groups that have a stake in Supreme Court decisions may attempt to influence the selection process.
Section 3-20
The Role of Other Interest Groups(cont.)
- In both instances NOW was concerned that the candidates might cast deciding votes in a case that would overturn Roe v. Wade.
- This was the case with the nominations of David Souter in 1990 and Clarence Thomas in 1991.
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Section 3-21
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The Role of the Justices
- Justices may write letters of recommendation supporting candidates who have been nominated, or they may lobby the president for a certain candidate.
- Members of the Supreme Court sometimes have considerable influence in the selection of new justices.
Section 3-Assessment 1
Why does the Supreme Court hear very few cases under its original jurisdiction?
Original jurisdiction of the Supreme court is limited to cases involving foreign governments and states.
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Section 3-Assessment 2
What political influences affect the selection of Supreme Court justices?
The president’s party affiliation, preferences of senators from a nominee’s home state, and special interest groups all play a part in selecting a nominee.
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End of Section 3
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End of Section 3
Chapter Assessment (1)
What are the two systems of courts in the United States?
The two systems of courts are the federal courts and the state courts.
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Chapter Assessment (2)
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This case resulted in the principle of judicial review. This is the power to review acts of Congress, executive actions, and state laws against the Constitution to see what might violate constitutional provisions.
What principle resulted from the ruling in Marbury v. Madison?
Chapter Assessment (3)
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The grand jury hears charges against a person suspected of having committed a crime, decides whether there is sufficient evidence, and if so, issues an indictment.
What are the duties of a grand jury in a criminal case?
Chapter Assessment (4)
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The Court of International Trade hears cases dealing with tariffs.
What kinds of cases are heard by the Court of International Trade?
Chapter Assessment (5)
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A life term permits judges to be free from all political pressures in deciding cases.
Why do federal judges serve for life?
Chapter Assessment (6)
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A Supreme Court justice must decide which cases to hear, decide individual cases, and determine an explanation for the decision of the Court.
Describe the three decision-making tasks of a Supreme Court justice.
Chapter Assessment (7)
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1. hearing and ruling on cases
2. presiding over public sessions of the Court
3. exercising leadership in the judicial work of the court
4. administering the federal court system
What are the duties of the chief justice of the United States?
Chapter Assessment (8)
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Courts with original jurisdiction, or trial courts, are ones in which cases are originally tried. Courts with appellate jurisdiction are courts in which cases lost in a trial court are appealed.
What is the difference between courts with original jurisdiction and courts with appellate jurisdiction?
Chapter Assessment (9)
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What factors determine whether a case will be tried in a state court or a federal court?
Factors include the subject matter of a case and the parties involved. Examples might include: subject–interpretation of Constitution, a federal law, a treaty with a foreign nation; parties–foreign ambassadors, two or more state governments, citizens of different states.
Chapter Bonus
Who was the only chief justice to have been impeached by the House, but acquitted by the Senate?
Chapter Bonus Question
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Chief Justice Samuel Chase was impeached but was acquitted in 1804.
End of Chapter Assessment
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End of Chapter Assessment
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Important 1
Decisions, Decisions The Supreme Court and lower federal courts decide cases that affect your everyday life, from the air you breathe to the rights you enjoy.
The Chapter 11 video lesson The Federal Court System at Work will show you how the U.S. court system works and how it impacts you.
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the Democracy In Action preview and activities.
Important 2
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The Federal Court System at Work
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Important 3
- Comprehend how a case reaches the Supreme Court.
- Understand the Supreme Court decision on the Tinker v. Des Moines case.
Objectives
- Recognize examples of free speech issues.
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The Federal Court System at Work
Important 4
Activity
What were John Tinker and his friends protesting?
They were protesting the Vietnam War.
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The Federal Court System at Work
Important 5
Activity
What would a school district have to prove in order to ban students from wearing certain clothing to school?
The school would have to prove that disruption to the class would occur.
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The Federal Court System at Work
Important 6
Activity
According to the Supreme Court decision, what happens to students’ rights when they are in school?
Justice Abe Fortas said that students in school as well as out of school are persons and have fundamental rights which the State must respect.
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The Federal Court System at Work
Important 7
Activity
What is the current status of the Tinker v. Des Moines decision?
Tinker v. Des Moines has never been overruled.
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The Federal Court System at Work
End of Why It’s Important
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End of Why It’s Important
Government Online
Explore online information about the topics introduced in this chapter.
Click on the Connect button to launch your browser and go to the United States Government: Democracy in Action Web site. At this site, you will find interactive activities, current events information, and Web sites correlated with the chapters and units in the textbook. When you finish exploring, exit the browser program to return to this presentation. If you experience difficulty connecting to the Web site, manually launch your Web browser and go to gov.glencoe.com
Section Focus Transparency 11-1 (1 of 2)
Section Focus Transparency 1
Section Focus Transparency 1 (Answers)
Section Focus Transparency 11-1 (2 of 2)
1. None of the states could claim jurisdiction or power over other states.
2. Federal courts; because both parties in the case are not citizens of a single state.
3. Answers will vary but should demonstrate thoughtful reasoning.
Section Focus Transparency 11-2 (1 of 2)
Section Focus Transparency 2
Section Focus Transparency 2 (Answers)
Section Focus Transparency 11-2 (2 of 2)
1. about 10 times as many
2. They hear cases appealed from lower courts and rulings from regulatory agencies.
3. No; because the number of cases in the lower courts might not have grown at the same rate as the number of cases appealed.
Section Focus Transparency 11-3 (1 of 2)
Section Focus Transparency 3
Section Focus Transparency 3 (Answers)
Section Focus Transparency 11-3 (2 of 2)
1. New York, Massachusetts, Ohio, and Virginia
2. The eastern part; because this area was settled earliest and has had a large population for a long time.
3. The western part; because these states are newer and many are relatively sparsely populated.
SoW 1
When several individuals file a suit on behalf of many others with the same legal interest, it becomes a class action. Proponents believe class actions promote efficiency and economy by trying many claims at once, while critics charge that they encourage questionable lawsuits and sometimes effectively force a settlement. Numerous civil rights, environmental, and consumer complaints filed as class action suits have resulted in important rulings, however. In the mid-1970s the Supreme Court tightened the rules regarding class action suits.
What Is a Class Action Suit?
LPP 1
Before 1891, when Congress created circuit courts of appeals, each Supreme Court justice traveled to a specific region of the nation to hear appeals from the federal district courts. Officially renamed courts of appeals in 1948, these appellate courts are often still called circuit courts. Although they have their own federal judges, a Supreme Court justice remains assigned to each court of appeals.
Circuit Courts
Marbury v Madison
This case established one of the most significant principles of American constitutional law. In this case, the Supreme Court held that it is the Court itself that has the final say on what the Constitution means. It is also the Supreme Court that has the final say in whether or not an act of government–legislative or executive at the federal, state, or local level–violates the Constitution.
Marbury v. Madison (1803)
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Fletcher v Peck
Fletcher v. Peck (1810) established the principle that a state could not interfere with or impair the value of lawful contract rights. In this case, the Georgia legislature enacted legislation that deprived a purchaser of land of the property. The Supreme Court held that the legislative action violated the impairment of contract clause (U.S. Const. art. I, § 10, cl. 1) and declared the Georgia statute null and void.
Fletcher v. Peck (1810)
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Fletcher 2
U.S. Constitution
Article I, Section 10, Clause 1
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder; ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
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Dartmouth v Woodward
This case held that the state of New Hampshire acted unconstitutionally when it attempted to transfer control of Dartmouth College from the trustees, the governing body of the college, to the state. When the college was created by a charter in 1769, the trustees were given all rights necessary to run the college. The charter, explained the Supreme Court, was a contract protected by the impairments of contracts clause (U.S. Const. art. I, § 10, cl. 1) from state interference. The Court then held that the trustees’ contractual rights were violated when the state removed the trustees and replaced them with the governor and his appointees.
Dartmouth College v. Woodward (1819)
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Dartmouth v Woodward 2
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder; ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
U.S. Constitution
Article I, Section 10, Clause 1
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Gibbons v Ogden
This case made it clear that the authority of Congress to regulate interstate commerce (U.S. Const. art. I, § 8, cl. 3) includes the authority to regulate intrastate commercial activity that bears on, or relates to, interstate commerce. Before this decision, it was thought that the Constitution would permit a state to close its borders to interstate commercial activity–which, in effect, would stop such activity in its tracks. This case says that a state can regulate purely internal commercial activity, but only Congress can regulate commercial activity that has both intrastate and interstate dimensions.
Gibbons v. Ogden (1824)
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Gibbons v Ogden 2
The Congress shall have the Power…To regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes.
U.S. Constitution
Article I, Section 8, Clause 3
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US v Knight
This case gave a very narrow reading to the term commerce in deciding if a manufacturing monopoly violated the Sherman Antitrust Act. (Congress used its authority to regulate interstate commerce–U.S. Const. art. I, § 8, cl. 3–to enact the Antitrust Act.) The Supreme Court held that commerce meant only the dollars and cents marketing of goods, not the production of goods that ultimately would be marketed. Note, however, that the Court’s decision has been eroded over the years and is no longer valid.
United States v. E.C. Knight & Co. (1895)
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US v Knight 2
The Congress shall have the Power…To regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes.
U.S. Constitution
Article I, Section 8, Clause 3
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Debs v US
This case upheld labor leader Eugene V. Debs’s convictions for violating the Federal Espionage Act and obstructing the draft. The basis of the convictions was a speech opposing war in general and World War I in particular. The Court held that Debs’s speech was not protected by the free speech clause because it posed a clear and present danger to the nation’s war effort.
Debs v. United States (1919)
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Schechter v US
This case overturned the conviction of the employers, who were charged with violating wage and hour limitations of a law adopted under the authority of the National Industrial Recovery Act. The Court held that because the defendants did not sell poultry in interstate commerce, they were not subject to federal regulations on wages and hours.
Schechter Poultry Corporation v. United States (1935)
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Roe v Wade
This case held that females have a constitutional right under various provisions of the Constitution–most notably, the due process clause (U.S. Const. amend. XIV, § 1)–to decide whether or not to terminate a pregnancy. The Supreme Court’s decision in this case was the most significant in a long line of decisions over a period of 50 years that recognized a constitutional right of privacy, even though the word privacy is not found in the Constitution.
Roe v. Wade (1973)
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Roe v Wade 2
U.S. Constitution
Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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McCulloch v Maryland
This case established the foundation for the expansive authority of Congress. The Supreme Court held that the necessary and proper clause (U.S. Const. art. I, § 8, cl. 18) allows Congress to do more than the Constitution expressly authorizes it to do. This case says that Congress can enact nearly any law that will help achieve any of the ends set forth in Article I, Section 8. For example, Congress has the express authority to regulate interstate commerce; the necessary and proper clause permits Congress to do so in ways not specified in the Constitution.
McCulloch v. Maryland (1819)
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McCulloch v Maryland 2
The Congress shall have the Power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
U.S. Constitution
Article I, Section 8, Clause 18
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Dred Scott v Sanford
This case was decided before the Fourteenth Amendment was added to the Constitution. (The Fourteenth Amendment provides that anyone born or naturalized in the United States is a citizen of the nation and of his or her state of residence.) In this case the Supreme Court held that a slave was property, not a citizen, and thus had no rights under the Constitution. The Court’s decision was met with outrage in the North and was a prime factor precipitating the Civil War.
Dred Scott v. Sandford (1857)
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Dred Scott v Sanford 2
U.S. Constitution
Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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Slaughterhouse
This case upheld Louisiana statutes regulating the butcher trade and, specifically, moving butchers out of the more densely populated sections of New Orleans. The Supreme Court explained that the privileges and immunities clause (U.S. Const. amend. XIV, § 1) only prohibits states from doing something that would impair the general rights of United States citizens, but that there was no general right of citizenship that would prohibit a state from regulating businesses in order to protect public health and safety.
Slaughterhouse Cases (1873)
(Continued)
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Slaughterhouse 2
This decision was rendered shortly after the Civil War ended and narrowly interpreted the privileges and immunities clause, as well as the due process and equal protection clauses (U.S. Const. amend. XIV, § 1). To the Court, these provisions were meant to secure the rights of the newly freed enslaved persons, not to protect ordinary contract rights of businesspeople.
Slaughterhouse Cases (cont.)
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Slaughterhouse 3
U.S. Constitution
Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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Slaughterhouse 4
U.S. Constitution
Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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Plessy v Ferguson
This case upheld the separate-but-equal doctrine used by Southern states to perpetuate segregation after the Civil War officially ended de jure, or law-mandated, segregation. At issue in the case was a Louisiana law requiring passenger trains to have “equal but separated accommodations for the white and colored races.” The Supreme Court held that the Fourteenth Amendment’s equal protection clause required only equal public facilities for the two races, not equal access to the same facilities. This case was overruled by Brown v. Board of Education (1954).
Plessy v. Ferguson (1896)
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Plessy v Ferguson 2
This case overruled Plessy v. Ferguson (1896) and abandoned the separate-but-equal doctrine in the context of public schools. In deciding this case, the Supreme Court rejected the idea that truly equivalent but separate schools for African American and white students would be constitutional. The Court explained that the Fourteenth Amendment’s command that all persons be accorded the equal protection of the law (U.S. Const. amend. XIV, § 1) is not satisfied simply by ensuring that African American and white schools “have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries, and other tangible factors.”
Brown v. Board of Education of Topeka (1954)
(Continued)
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Plessy v Ferguson 3
The Court then held that racial segregation in public schools violates the equal protection clause because it is inherently unequal. In other words, nothing can make racially segregated public schools equal under the Constitution because the very fact of separation marks the separated race as inferior. In practical terms, the Court’s holding in this case has been extended beyond public education to virtually all public accommodations and activities.
Brown v. Board of Education of Topeka (cont.)
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Plessy v Ferguson 4
U.S. Constitution
Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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Brown v Board
This case overruled Plessy v. Ferguson (1896) and abandoned the separate-but-equal doctrine in the context of public schools. In deciding this case, the Supreme Court rejected the idea that truly equivalent but separate schools for African American and white students would be constitutional. The Court explained that the Fourteenth Amendment’s command that all persons be accorded the equal protection of the law (U.S. Const. amend. XIV, § 1) is not satisfied simply by ensuring that African American and white schools “have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries, and other tangible factors.”
Brown v. Board of Education of Topeka (1954)
(Continued)
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Brown v Board 2
The Court then held that racial segregation in public schools violates the equal protection clause because it is inherently unequal. In other words, nothing can make racially segregated public schools equal under the Constitution because the very fact of separation marks the separated race as inferior. In practical terms, the Court’s holding in this case has been extended beyond public education to virtually all public accommodations and activities.
Brown v. Board of Education of Topeka (cont.)
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Brown v Board 3
This case upheld the separate-but-equal doctrine used by Southern states to perpetuate segregation after the Civil War officially ended de jure, or law-mandated, segregation. At issue in the case was a Louisiana law requiring passenger trains to have “equal but separated accommodations for the white and colored races.” The Supreme Court held that the Fourteenth Amendment’s equal protection clause required only equal public facilities for the two races, not equal access to the same facilities. This case was overruled by Brown v. Board of Education (1954).
Plessy v. Ferguson (1896)
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Brown v Board 4
U.S. Constitution
Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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Brown v Board
This case overruled Plessy v. Ferguson (1896) and abandoned the separate-but-equal doctrine in the context of public schools. In deciding this case, the Supreme Court rejected the idea that truly equivalent but separate schools for African American and white students would be constitutional. The Court explained that the Fourteenth Amendment’s command that all persons be accorded the equal protection of the law (U.S. Const. amend. XIV, § 1) is not satisfied simply by ensuring that African American and white schools “have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries, and other tangible factors.”
Brown v. Board of Education of Topeka (1954)
(Continued)
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Brown v Board 2
The Court then held that racial segregation in public schools violates the equal protection clause because it is inherently unequal. In other words, nothing can make racially segregated public schools equal under the Constitution because the very fact of separation marks the separated race as inferior. In practical terms, the Court’s holding in this case has been extended beyond public education to virtually all public accommodations and activities.
Brown v. Board of Education of Topeka (cont.)
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Brown v Board 3
This case upheld the separate-but-equal doctrine used by Southern states to perpetuate segregation after the Civil War officially ended de jure, or law-mandated, segregation. At issue in the case was a Louisiana law requiring passenger trains to have “equal but separated accommodations for the white and colored races.” The Supreme Court held that the Fourteenth Amendment’s equal protection clause required only equal public facilities for the two races, not equal access to the same facilities. This case was overruled by Brown v. Board of Education (1954).
Plessy v. Ferguson (1896)
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Brown v Board 4
U.S. Constitution
Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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End of Custom Shows (Do not remove.)
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