District Courts Most local level of federal courts 94 District Courts First time cases only – NO APPEALS Hears the most cases of any level
The National Judiciary Structure
Appellate Courts Courts of appeals And ONLY appeals 12 Circuit Courts PLUS Federal Circuit Court
Nationwide reach Located in DC
The National Judiciary Structure
The Supreme Court 9 Justices Takes appeals by
selection Sometimes takes
original cases
The National Judiciary Structure
Nominated by the President (Executive Branch)
Confirmed (or rejected) by the Senate (Legislative Branch)
Serve until they decide to resign, retire or when they die
Can only be removed for high crimes, treason and misdemeanors Must go through the impeachment process to
be removed
The Supreme Court Justices
William Marbury Was appointed Justice of the Peace of
Washington D.C. by President John Adams Got the position because he was loyal to the
Federalist Party President Adams appointed him late in the
night of his last night in office Adams had lost the presidency to Thomas
Jefferson
Judicial Review
James Madison Was Secretary of State for new president,
Thomas Jefferson Madison and Jefferson belonged to the
Democratic-Republican Party Madison found Marbury’s appointment signed
by the past president, Adams, on his desk – undelivered!
Jefferson told Madison NOT to deliver it
Judicial Review
Marbury sues Madison in the Supreme Court Wants to FORCE Madison to deliver his
appointment Becomes known as Marbury v. Madison The Supreme Court
Led by Chief Justice John Marshall Unanimously found AGAINST Marbury Said the law Marbury was using to sue Madison
was unconstitutional A NEW POWER IS BORN!
Judicial Review
Decisions are called “Opinions” Majority Opinion
The “winning” opinion “The Opinion of the Court” The finding of most of the
justices Concurrent Opinion
Those who agree with the outcome But for different reasons
Dissenting Opinion Those who oppose the
outcome The “losing” opinion
Supreme Court Decisions
Judicial Restraint Judges need to show self-control Judges should only look at the letter of the law Judges should only look at precedent
Judicial Activism Judges should look at the letter of the law
AND the intent of the law Judges should look at precedents AND the
time period it began Judges need to revise laws and precedents
with changing times
Judicial Restraint vs. Judicial Activism