chapter co 1/5/06 2:46 pm page 504 18 chapter 18 the

The Federal Court SystemIntroducing the ChapterIn this chapter, students will learnabout the establishment and func-tion of the judicial branch of gov-ernment—the Supreme Court, theinferior courts, and the specialcourts of the federal court system.

Chapter 18

The following resources are available only fromthe Close Up Foundation to support the conceptsdiscussed in Chapter 18 “The Federal CourtSystem”:! Perspectives: Readings on Contemporary

American Government! The Bill of Rights: A User’s Guide! Profiles of Freedom: A Living Bill of Rights

Close Up Foundation44 Canal Center Plaza

Alexandria, VA 22314-1592800-765-3131

Corner

To keep up-to-date on Close Up news and activities, visit Close Up Online at

www.closeup.org

Make It RelevantYou Can Make a Difference

The press is often called “thefourth branch of government”since it can check and balancethe power of the actual threebranches. Have students explorethis “watchdog” function of thepress by generating a list of localissues or possible injustices thatbear investigating. Then directstudents to select one of theissues, conduct research andinterviews, and write news sto-ries that shed light on the issue.

Service Learning

ConstitutionalPrinciples

Emphasize the following basicprinciples as students read Chapter18. Have the class respond to thequestions, and then ask volunteersto explain which single principlethey most closely associate withthe federal court system, and why.

Federalism How does the nation’sjudicial system reflect the conceptof federalism? How does theexclusive jurisdiction of the feder-al courts reflect the concept offederalism?

Checks and Balances What checksand balances relate to the judicialbranch? How does judicial reviewcheck the power of the legislativebranch?

Judicial Review What court caseestablished the concept of judicialreview? Which courts have thepower of judicial review?

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!!

" Protesters argue in front of the Supreme Court Building

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The Federal Court System“It is emphatically the province andduty of the judicial department to saywhat the law is. . . . If two laws con-flict with each other, the courts mustdecide on the operation of each.”

—Chief Justice John Marshall (1803)

The Framers provided for a national system of courtsto correct a major weakness in the Articles ofConfederation. The Constitution provides for aSupreme Court and for other courts created byCongress. The federal courts operate in a dual courtsystem, alongside the courts of each of the fifty States.

CHAPTER 18

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To Omit the ChapterIf you wish to skip Chapter 18, ask students to read the Chapter inBrief and assign the Guide to theEssentials before continuing toanother chapter. You may also wantto assign the Chapter 18 Test in theChapter Test booklet. Then specificportions of Chapter 18 may beassigned to students needing rein-forcement of key terms and concepts.

To Preview the ChapterTo introduce students to key termsand concepts in each section, havethem read the Chapter in Brief. Youmay also assign the Reading Strategyactivities on pp. 508, 513, 518, and525 of this book.

To Review the ChapterWhen students have completedChapter 18, you might want toassign the Guide to the Essentials or the Guided Reading and Reviewworksheets on pp. 2, 4, 6, and 8 ofthe Unit 5 booklet.

To Cover the Chapter QuicklyTo cover the material in Chapter 18quickly, use the following activity.Focus Ask students to identify thenumber of people living in the UnitedStates. Then have them consider thetypes of courts that are needed toserve all of those people.Instruct Ask students to identify anyof the federal courts that they can.Have students list these courts andattempt to identify each court’s func-tion. Then, ask students to skim thechapter to identify any courts thatthey have forgotten and to describethe function of each court. Close/Reteach Remind students ofthe various federal courts. Then havethem create graphic organizers show-ing the various federal courts, theirfunctions, and how they relate to oneanother (if there is a relation).

Pressed for Time?

505

Keep It Current

Use the Prentice Hall School Web siteand the Keep It Current CD-ROM tofind quick data updates.

Have students access WebCode mqg-5186 to access

this chapter’s updated data.

Keep It Current CD-ROM includes governmentprojects by unit. Students complete each

project using current information that they obtainby linking to the Prentice Hall School Web sitefrom the CD-ROM.

PHSchool.com

Internet Update

The National Judiciary (pp. 506–511)

! The Framers created a national judiciary consisting of aSupreme Court and inferior courts to be created by Congress.

! The federal courts have exclusive or concurrent and original orappellate jurisdiction over the cases they hear.

! Federal judges are appointed by the President, subject to confir-mation by the Senate.

! Supreme Court and inferior court judges serve for life, removableonly by impeachment, while special court judges serve 15-yearterms; Congress sets the salaries of federal judges.

! Federal court officers, such as magistrates, U.S. attorneys,bailiffs, and clerks, serve in administrative and judicial roles.

The Inferior Courts (pp. 512–515)

! The 94 U.S. district courts handle about 80 percent of the federalcaseload; they have original jurisdiction over most federal criminaland civil cases.

! The 12 federal appeals courts have appellate jurisdiction only.! The Court of International Trade hears tariff and trade cases; the

Court of Appeals for the Federal Circuit has nationwide appellatejurisdiction from various federal courts.

The Supreme Court (pp. 517–522)

! All federal and most State courts have the power of judicialreview, deciding the constitutionality of an act of government.

! The U.S. Supreme Court has both original and appellate jurisdic-tion, but usually hears cases on appeal; the Court decides onlya handful of cases each year.

! The Supreme Court is in session from October through June; ithears oral arguments, studies written briefs, meets in conferenceto discuss the cases, and renders majority, concurring, and dissenting opinions.

The Special Courts (pp. 524–526)

! The U.S. government may not be sued without its consent;those who seek damages must take their cases to the U.S.Court of Federal Claims.

! Congress has created federal courts for U.S. territories, as wellas for the District of Columbia.

! The U.S. Court of Appeals for the Armed Forces is a civilian tribunal that hears appeals of court-martial cases.

! The U.S. Court of Appeals for Veterans Claims hears claimsregarding veterans’ benefits.

! The U.S. Tax Court hears civil cases concerning tax law.

SECTION 4

SECTION 3

SECTION 2

SECTION 1

!!!!!

Chapter 18 in Brief

505

You Can Make a DifferenceTHE ROLE OF THE JUDICIAL BRANCH is to interpret and apply

the law. It is up to the courts to see that justice is done, but that

sometimes takes a long time. In Evanston, Illinois, six journalism

students at Northwestern University helped the courts correct a 17-

year-old injustice. The students in the investigative journalism class

of Professor David Protess worked together to help free Anthony

Porter, a death-row inmate who had been wrongfully convicted of a

double murder. They asked questions, searched police records, and

tracked down witnesses to find new evidence in the 1982 case.

Finally, their work paid off, and another man confessed

to the crime. Porter was freed after nearly 17 years in prison.

PHSchool.com

For: Current DataWeb Code: mqg-5186

For: Close Up Foundation debatesWeb Code: mqh-5188

MAG05_NA_TE_CH18_CO 1/5/06 2:46 PM Page 505

Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Have students imagine ascene in which two neighbors arearguing about who owns a tree onthe boundary of their yards. Suddenlyone of them shouts, “What are youtrying to do—make a federal case outof it?” Ask students what this means.Explain that in this section, they willlearn what constitutes a federal case.Vocabulary Builder Have studentslook up the meaning of jurisdiction.Then ask them to suggest meaningsfor the other four terms in thePolitical Dictionary that contain theword jurisdiction. Have them checktheir meanings as they read.

Point-of-Use Resources

Block Scheduling with LessonStrategies Activities for Chapter 18are presented on p. 28.

The NationalJudiciary1

506

Customize forMore Advanced StudentsHave students conduct research to investigate thechanging role of the Speaker of the House. (Youmay wish to assign each student a specific speaker.)Ask students to summarize their research in briefreports and then lead a discussion on the changingrole.

Consider these suggestions to manage extendedclass time:! Discuss with the class the criteria for a casereaching a federal court. Then, provide studentswith blank Venn diagrams (one is provided in theSection Support Transparencies, Transparency 6).Have students use the Venn diagram to showwhich cases are referred to federal courts, whichare referred to State courts, and which can bereferred to either.

! Ask students to assume the role of televisionnews reporters. Have them work to create public-service announcements on federal judges. Theirwork should focus on the selection process, theterms of office, and how federal judges’ salariesare determined. Have students enact their public-service announcements for the class.

Block Scheduling Strategies

The National Judiciary

Objectives

1. Explain why the Constitution created a nationaljudiciary, and describe its structure.

2. Identify the criteria that determine whether a caseis within the jurisdiction of a federal court, andcompare the types of federal court jurisdiction.

3. Outline the process for appointing federal judges.4. List the terms of office for federal judges and

explain how their salaries are determined.5. Examine the roles of federal court officers.

Why ItMatters

The Framers of the Consti-tution believed in the need for a national judicial system.The Constitution outlines thestructure of the federal judi-ciary, the jurisdiction of thecourts, and the functions offederal judges.

PoliticalDictionary! inferior courts! jurisdiction! exclusive jurisdiction! concurrent jurisdiction! plaintiff! defendant! original jurisdiction! appellate jurisdiction

The Framers created a national judiciary forthe United States in a single sentence in theConstitution:

“ The judicial Power of theUnited States shall be vested

in one supreme Court, and in such inferiorCourts as the Congress may from time totime ordain and establish.”

—Article III, Section 1

Congress also is given the expressed power “toconstitute Tribunals inferior to the supremeCourt” in Article I, Section 8, Clause 9.

A Dual Court SystemKeep in mind this important point: There are twoseparate court systems in the United States.1 Onone hand, the national judiciary spans the coun-try with its more than 100 courts. On the otherhand, each of the 50 States has its own system ofcourts. Their numbers run well into the thou-sands. Most of the cases that are heard in courttoday are heard in State, not federal, courts.

JJoe Smith steals a brand-new sports car, abright red convertible, in Chicago. Two days

later, he is stopped for speeding in Atlanta.Where, now, will he be tried for car theft? InIllinois, where he stole the car? In Georgia,where he was caught? In point of fact, Joe maybe on the verge of learning something about thefederal court system—and about the Dyer Act of1925, which makes it a federal crime to trans-port a stolen automobile across a State line.

Creation of a National JudiciaryDuring the years the Articles of Confederationwere in force (1781–1789), there were no na-tional courts and no national judiciary. The lawsof the United States were interpreted and appliedas each State saw fit, and sometimes not at all.Disputes between States and between personswho lived in different States were decided, if atall, by the courts in one of the States involved.Often, decisions by the courts in one State wereignored by the courts in the other States.

Alexander Hamilton spoke to the point inThe Federalist No. 22. He described “the wantof a judiciary power” as a “circumstance whichcrowns the defects of the Confederation.”Arguing the need for a national court system,he added: “Laws are a dead letter withoutcourts to expound and define their true mean-ing and operation.”

1Federalism does not require two court systems.Article III providesthat Congress “may” establish lower federal courts. At its first ses-sion, in 1789, Congress decided to construct a complete set of fed-eral courts to parallel those of the States. In most of the world’s otherfederal systems, the principal courts are those of the states orprovinces; typically, the only significant federal court is a nationalcourt of last resort, often called the supreme court.

Lesson PlanTeaching the Main Ideas1. Focus Tell students that federalcourts have the authority to hearspecific kinds of cases. Ask studentsto discuss what they know about howthe national judiciary is organized andthe kinds of cases it hears.2. Instruct Ask students what courtwould be involved in the case of aboundary dispute between neighbor-ing States. Have students describethe rest of the federal court systemand its jurisdiction. Then discuss dif-ferences in the appointment, terms,and pay of federal judges.3. Close/Reteach Remind studentsthat the national judiciary has twotypes of courts. Have students make atable showing the differences betweenthe functions of the two courts and thejudges who sit on them.

L3

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To make sure students understand the mainpoints of this section, you may wish to use thetree map graphic organizer to the right.

Tell students that a tree map shows an outlineof a topic, its main ideas, and its supportingdetails. Ask students to use the tree map torecord details about the kinds of federal courtjurisdiction.

Teaching Tip A template for this graphic organizercan be found in the Section SupportTransparencies, Transparency 3.

Organizing Information


Guided Reading and Review Unit 5booklet, p. 2 provides students withpractice identifying the main ideasand key terms of this section.

Lesson Planner For completelesson planning suggestions, see theLesson Planner booklet, section 1.

Political Cartoons See p. 70 ofthe Political Cartoons booklet for acartoon relevant to this section.

Section Support TransparenciesTransparency 73, Visual Learning;Transparency 172, Political Cartoon

507

Background NoteConstitutional IssuesWhere, oh, where is the PortsmouthNaval Shipyard? In March, 2000, theState of New Hampshire asked theSupreme Court to decide. NewHampshire claimed that its border runsalong the Maine shoreline, puttingSeavy Island and the shipyard in NewHampshire. Maine said the border is in the middle of the river, and that theisland and the shipyard belong toMaine. Governor Angus King of Maineadded that “there was practical recogni-tion that [the island] was part of Mainefor as long as anyone can remember,”but New Hampshire officials had mapsand documents going back to Colonialtimes to support their case.

In May 2001, the Supreme Court dis-missed New Hampshire’s claim, notingthat decades earlier New Hampshirehad agreed that the border between thetwo States along a different part of thesame river ran smack down the middle.Had they won, shipyard workers wholive in New Hampshire—which has noState income tax—would no longerhave to pay income taxes to Maine.

Chapter 18 • Section 1

Answer to . . .Interpreting Diagrams Constitutionalcourts were created to exercisebroad judicial powers; specialcourts were created to exercisenarrowly defined powers.

Two Kinds of Federal CourtsThe Constitution creates the Supreme Court andleaves to Congress the creation of the inferiorcourts—the lower federal courts, those beneaththe Supreme Court. Over the years, Congresshas created two distinct types of federal courts:(1) the constitutional courts and (2) the specialcourts. The diagram on this page sets out theseseveral federal courts.

The constitutional courts are the federalcourts that Congress has formed under ArticleIII to exercise “the judicial Power of the UnitedStates.” Together with the Supreme Court, theynow include the courts of appeals, the districtcourts, and the U.S. Court of InternationalTrade. The constitutional courts are also calledthe regular courts or Article III courts.

The special courts do not exercise the broad“judicial Power of the United States.” Rather,they have been created by Congress to hearcases arising out of some of the expressedpowers given to Congress in Article I. The spe-cial courts hear a much narrower range ofcases than those that may come before theconstitutional courts.

These special courts sometimes are calledthe legislative courts. Today, they include theU.S. Court of Appeals for the Armed Forces,the U.S. Court of Appeals for Veterans Claims,the U.S. Court of Federal Claims, the U.S. TaxCourt, the various territorial courts, and thecourts of the District of Columbia. You willlook at the unique features of these courts laterin this chapter.

Types of Federal Courts

U.S. Court of Appeals

for the Armed Forces

U.S. TaxCourt

94 DistrictCourts

Courts ofthe District of

Columbia

U.S. Court ofAppeals for

Veterans Claims

TerritorialCourts *

U.S. Court ofInternational

Trade

U.S. Court ofFederal Claims

12 U.S. Courts of Appeals

U.S. Court of Appeals

for the Federal Circuit

The United StatesSupreme Court

The Inferior Courts

The Constitutional CourtsAlso called Article III Courts or Regular Courts.As permitted by the Constitution, Congresscreated these courts, which exercise the broad “judicial Power of the United States,”as stated in Article III.

The Special CourtsAlso called the Legislative Courts or Article I Courts.Created by Congress under the power given to it in Article I“to constitute Tribunals inferior to the supreme Court,”these courts have narrowly defined powers.

*in Guam, the Virgin Islands, and the Northern Marianas, similar to local courts

Interpreting Diagrams The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts, as needed. Using this diagram,compare and contrast the purpose of the constitutional courts and the specialcourts, as defined in the Constitution.


Reading StrategyOrganizing Information/Graphic OrganizerEncourage students to note similaritiesand differences among the varioustypes of courts, judges, and othercourt officers as they read. Thenhave them use a table or double webgraphic organizer to record theircomparisons.

508

Make It Relevant

Answer to . . .Critical Thinking Possible answer:Such cases that do not involve aparticular State are of nationalinterest, and thus fall under thejurisdiction of federal courts.


Bennett Haselton was an 18-year-old student when he decided toget involved in an issue he feltdeeply about. Haselton foundeda group called Peacefire tocampaign against Internet cen-sorship. When the AmericanCivil Liberties Union (ACLU)and other groups challenged aNew York law that banned certain forms of speech on theInternet, Peacefire wanted tosupport the lawsuit. But how?“It’s hard for students to givemoney,” Haselton acknowledged.

Haselton formed a groupcalled Page Authors’ BenefitAgainst Censorship, or PABAC.Made up of about forty highschool and college students,PABAC designs Web pages forcompanies. “With Web design,you can charge a little more thanfor a car wash,” Haselton point-ed out. When the ACLU broughtits case against New York,PABAC donated its earnings tohelp the ACLU defray its costs.In return, Peacefire was nameda plaintiff in the suit. In Reno v.ACLU, the Supreme Court heldthat the act in question—theCommunications DecencyAct—was unconstitutional.

Students Make a Difference

Most cases in this country are heard in State courts, not federal courts. Article III, Section 2, Clause I provides that to be heard in a federal court, a case must fall into one of the two categories below.

The Subject Matter of the CaseA case falls within the jurisdiction of the federal courts if it concerns:(1) the interpretation and application of a provision in the Constitiution

or in any federal statute or treaty; (2) a question of admiralty law (matters that arise on the high seas or

navigable U.S. waters)EXAMPLE collision at sea or crime committed aboard ship(3) a question of maritime law (matters arising on land but directly

relating to the water)EXAMPLE a contract to deliver a ship’s supplies at dockside (The Framers gave the federal courts exclusive jurisdiction in admiralty and maritime cases to ensure national supremacy in the regulation of all waterborne commerce.)

The Parties Involved in the CaseA case falls within the jurisdiction of the federal courts if any of the partiesin the case is:(1) the United States or one of its officers or agencies;(2) an ambassador, consul, or other official representative of a

foreign government;(3) one of the 50 States suing either another State, a resident of another

State, or a foreign government, or one of its subjects;(4) a citizen of one State suing a citizen of another State;(5) a U.S. citizen suing a foreign government or one of its subjects;(6) a citizen of one State suing a citizen of that same State where both

claim land under grants from different States.

What Cases Come Under Federal Jurisdiction?

As the table at left explains, federal courts hearcases involving certain subject matter, such as acci-dents at sea. (Top photo shows a Norwegian oiltanker ablaze in waters off Galveston, Texas.)Federal cases also may involve certain people, suchas foreign diplomats. (Diplomatic license plates,above, are a familiar site in Washington, D.C.)Critical Thinking Why are such cases heard infederal courts instead of State courts?

Federal Court JurisdictionThe constitutional courts hear most of the casestried in the federal courts. That is, those courtshave jurisdiction over most federal cases.Jurisdiction is defined as the authority of acourt to hear (to try and to decide) a case. Theterm means, literally, the power “to say the law.”

The Constitution gives the federal courtsjurisdiction over certain cases. Article III,Section 2 provides that the federal courts mayhear a case because of either (1) the subjectmatter or (2) the parties involved. The detailsof this matter are set out in the table above.See, too, the 11th Amendment, page 773.

The criteria for deciding what are federalcases may seem quite complicated, and theyare. But the matter is also a reflection of feder-alism and, so, of the dual system of courts inthis country. Stating the whole point of federalcourt jurisdiction in another way: All cases thatare not heard by the federal courts are withinthe jurisdiction of the States’ courts.

Types of JurisdictionThe federal courts have several different types ofjurisdiction, depending on whether or not (1) theyshare the power to hear the case with State courtsand (2) they are the first court to hear the case.

Exclusive and Concurrent JurisdictionIn some of the cases listed in the table above, thefederal courts have exclusive jurisdiction. That is,those cases can be heard only in the federal courts.For example, a case involving an ambassadoror some other official of a foreign governmentcannot be heard in a State court; it must betried in a federal court. The trial of a personcharged with a federal crime, or a suit involv-ing the infringement of a patent or a copyright,or a case involving any other matter arising outof an act of Congress also falls within theexclusive jurisdiction of the federal courts.

Many cases may be tried in either a federalcourt or a State court, however. Then the federaland State courts have concurrent jurisdiction;

MAG05_NA_TE_CH18_01 1/5/06 2:45 PM 08


Close Up on Primary SourcesFranklin D. Roosevelt, Fireside Chat(1937), p. 61

For career-related links and activities, visitthe Magruder’s American Governmentcompanion Web site in the Social Studiesarea at the Prentice Hall School Web site.

509

Background NoteA Diverse NationAfter 178 years of imparting “equaljustice under the law,” the SupremeCourt finally seated a justice who was not a white male. Appointed byPresident Lyndon Johnson in 1967,Thurgood Marshall, a celebrated attor-ney who had argued several landmarkcivil rights cases in the 1950s, becamethe first African American to serve onthe nation’s highest court. ClarenceThomas, appointed in 1991, was thesecond. The Court has also slowlyopened its doors to women. In theCourt’s 192nd year, Sandra DayO’Connor, a justice on the ArizonaCourt of Appeals, was appointed byPresident Ronald Reagan as an associ-ate justice, the only woman to hold thatposition until Ruth Bader Ginsburg’sappointment in 1993.

Make It Relevant

The federal court system could not function withoutcourt administrators. Present at every level and inevery type of federal court, they are as essential tothe judicial process as the judges themselves. Courtadministrators manage the work of the courtthrough such duties as analyzing cases to determineappropriate docketing (scheduling), supervisingclerical personnel, and briefing judges daily oncourt actions and procedures. Good written and

verbal communication skills are a must in thiscareer. Skills Activity Direct pairs of students to write fic-tional descriptions of what they think a day in thelife of a court administrator would be like. Thenhave individual students write paragraphs explain-ing why they would or would not be interested ina career as a court administrator.

Careers in Government—Court Administrator

Chapter 18 • Section 1they share the power to hear those cases.Disputes involving citizens of different Statesare fairly common examples of this type of case.Such cases are known in the law as cases indiverse citizenship.2

Congress has provided that the federal districtcourts may hear cases of diverse citizenship onlyif the amount of money involved in a case is morethan $75,000. In such cases the plaintiff—the per-son who files suit—may bring the case in theproper State or federal court, as he or she chooses.If the case is brought before the State court, thedefendant—the person whom the complaint isagainst—can have the trial moved, under certaincircumstances, to the federal district court.

Original and Appellate JurisdictionA court in which a case is first heard is said tohave original jurisdiction over that case. A courtthat hears a case on appeal from a lower courthas appellate jurisdiction over that case. Thehigher court—the appellate court—may uphold,overrule, or in some way modify the decisionappealed from the lower court.3

In the federal court system, the district courtshave only original jurisdiction, and the courts ofappeals have only appellate jurisdiction. TheSupreme Court exercises both original andappellate jurisdiction.

Appointment of JudgesThe manner in which federal judges are chosen,the terms for which they serve, and even thesalaries they are paid are vital parts of the Con-stitution’s design of an independent judicialbranch. The Constitution declares that thePresident

“ shall nominate, and by andwith the Advice and Consent

of the Senate, shall appoint . . . Judges of thesupreme Court . . .”

—Article II, Section II, Clause 2

Congress has provided the same procedure forthe selection of all other federal judges.

The Senate has a major part in the selectionof all federal judges, and in particular those whosit in the nation’s 94 district courts. In effect, theConsititution says that the President can nameto the federal bench anyone the Senate will con-firm. Recall the practice of senatorial courtesy. Itgives great weight to the wishes of the senatorsfrom a State in which a federal judge is to serve.In short, that unwritten rule means that thePresident almost always selects someone the sen-ators from the State recommend.

Most federal judges are drawn from theranks of leading attorneys, legal scholars andlaw school professors, former members ofCongress, and State court judges. A Presidentapplies the same sorts of considerations to hisjudicial selections as he does to his otherappointments.

From George Washington’s day, Presidentshave looked to their own political party inmaking judicial appointments. RepublicanPresidents regularly choose Republicans;Democrats usually pick Democrats. EveryPresident knows that the judges he appointsmay serve for decades. So the chief executiveregularly looks for judges who tend to agreewith his own legal, political, economic, andsocial views.

The concepts of judicial activism and judicialrestraint also affect the judicial selectionprocess—especially at the Supreme Court level.Federal judges often decide cases in which theymust interpret and apply a provision in the

2The major reason that cases of diverse citizenship may be heardin federal courts is to provide a neutral forum to settle the disputesinvolved. That reason reflects an early fear that State courts (and theirjuries) might be prejudiced against “foreigners,” residents of otherStates. There seems little likelihood of such bias today.

3Appellate comes from the Latin word appellare, meaning “tospeak to, to call upon, to appeal to.”

Types of Court Jurisdiction

FederalJurisdiction

State Jurisdiction

ConcurrentJurisdiction

Interpreting Diagrams While many countries have a single court systemleading to a supreme court, the United States has a two-level system offederal and State courts. Their jurisdictions are shown in this Venn diagram.How does the structure of the diagram explain the types of jurisdiction?


Have students choose a position oroccupation in the federal court sys-tem that they find interesting. Askthem to provide a job descriptioncard about the position, includinghow it is filled, the length of termserved, major job responsibilities, andother pertinent information. Using thecompleted cards, create a fictitious“Help Wanted” board posting thevacancies for which employees arebeing sought. ELL

Divide the class into small groups.Create a number of questions wheredetails about various cases are pro-vided. Groups take turns guessing inwhich kind of court the case shouldbe heard. If you wish, you mayassign point values to questions andhave groups compete. LPR


Simulations and Data GraphingCD-ROM offers data graphing

tools that give students practice withcreating and interpreting graphs.

510

Answer to . . .Interpreting Tables Possible answer:The constitutional courts requirejudgeships for life in order toeliminate partisan or publicpressures on the judicial process.The special courts have muchnarrower jurisdiction, thereforerotation in judgeships is moredesirable for them.

Chapter 18 • Section 1Terms and Pay of JudgesArticle III, Section 1 of the Constitution reads,in part: “The Judges, both of the supreme andinferior Courts, shall hold their Offices duringgood Behavior. . . . ” This means that thejudges of the constitutional courts areappointed for life—until they resign, retire, ordie in office. They may be removed onlythrough the impeachment process. Only 13federal judges have ever been impeached. Ofthem, seven were convicted and removed bythe Senate, including three in the recent past.4

The grant of what amounts to life tenure formost judges ensures the independence of thefederal judiciary.

The judges who sit in the special courts arenot appointed for life. Those who hear casesin the U.S. Court of Federal Claims, the U.S.Court of Appeals for the Armed Forces, the

U.S. Tax Court, and the U.S. Court of Appealsfor Veterans Claims serve 15-year terms. In theDistrict of Columbia, Superior Court judgesare chosen for four-year terms; those who siton the District’s Court of Appeals are chosenfor a period of eight years.

The Constitution also declares that federaljudges

“ shall, at stated Times,receive for their Services, a

Compensation, which shall not be diminishedduring their Continuance in Office.”

—Article III, Section 1

Congress sets the salaries of all federal judgesand has provided a generous retirementarrangement for them. They may retire at age70, and if they have served for at least 10 years,receive full salary for the rest of their lives. Or,

Constitution or an act of Congress. That is,they often decide questions of public policy—and, in doing so, they inevitably shapepublic policy.

The proponents of judicial restraint believethat judges should always try to decide caseson the basis of (1) the original intent of thosewho wrote the Constitution or enacted thestatute and (2) precedent—that is, in line withprevious decisions in similar cases. They saythat elected legislators, not appointed judges,should make law.

Those who support judicial activism thinkthat judges should act more boldly. They arguethat the law should be interpreted and applied inthe light of ongoing changes in conditions andvalues—especially in cases involving civil rightsand social welfare issues.

The President and his closest political andlegal aides, especially the attorney general, takethe lead in selecting federal judges, of course.Major roles also are played regularly byinfluential senators (notably those from thenominee’s home State); by the President’s alliesand supporters in the legal profession; and byvarious other important personalities in thePresident’s political party.

4The judges removed from office were John Pickering of the dis-trict court in New Hampshire, for judicial misconduct and drunken-ness (1804); West H. Humphreys of the district court in Tennessee, fordisloyalty (1862); Robert W. Archbald of the old Commerce Court, forimproper relations with litigants (1913); Halsted L. Ritter of the dis-trict court in Florida, on several counts of judicial misconduct (1936);Harry E. Claiborne of the district court in Nevada, for filing falseincome tax returns (1986); Alcee Hastings of the district court inFlorida, on charges of bribery and false testimony (1989); and WalterNixon of the district court in Mississippi, for perjury (1989).

Alcee Hastings was removed in 1989 even though earlier he hadbeen acquitted of the bribery charge. Hastings won election to the Houseof Representatives in 1992. Four other federal judges were impeachedby the House but acquitted in the Senate.Two other district court judges,impeached by the House, resigned and so avoided a Senate trial.

Interpreting Tables This table provides key statistics for the major U.S.federal courts. Why do you think some judgeships are for life andothers are for only 15 years?

Court Created Number ofCourts

Number ofJudges

Term ofJudges

Supreme Court

District Court

Court of Appeals

Trade Court

Court of Appeals forthe Armed Forces

Tax Court

Court of Appeals for the Federal Circuit

Court of FederalClaims

Court of Appeals for Veterans Claims

1789

1789

1891

1926

1950

1969

1982

1982

1988

1

94

12

1

1

1

1

1

1

9

677

179

9

5

19

12

16

7

Life

Life

Life

Life

15 years

15 years

Life

15 years

15 years

The National Judiciary

Use this complete suite of powerfulteaching tools to make planninglessons and administering testsquicker and easier.

L2

L2



Guide to the Essentials Chapter18, Section 1, p. 97 provides

support for students who need addi-tional review of section content.Spanish support is available in theSpanish edition of the Guide on p. 90.

Quiz Unit 5 booklet, p. 3includes matching and multiple-choice questions to check students’understanding of Section 1 content.

Presentation Pro CD-ROM Quizzesand multiple-choice questions

check students’ understanding ofSection 1 content.

Answers to . . .

Section 1 Assessment1. To handle all federal cases notunder the jurisdiction of the SupremeCourt; also, because the Constitutiononly specifically mandates the SupremeCourt.2. (a) Jurisdiction is the authorityof a court to try and decide a case.(b) Exclusive jurisdiction coverscases that can only be heard in fed-eral courts; concurrent jurisdictioncovers cases that can be heard byeither federal or State courts.3. The plaintiff is the person whofiles the complaint in a civil case,while the defendant is the personagainst whom the complaint is filed.In a criminal case, the defendant isthe person accused of a crime.4. (a) Original jurisdiction is heldby the court in which a case is firstheard, while appellate jurisdiction isheld by the court that hears a caseon appeal from a lower court.(b) The Supreme Court has bothoriginal and appellate jurisdiction.5. Possible answer: Qualificationssuch as honesty, integrity, fairness,and a thorough knowledge of the law.6. Students should recognize thatpopular election would involvejudges in politics, but would bemore democratic and would main-tain separation of powers betweenthe executive and judicial branches.A fixed term of office would elimi-nate some judges with years of expe-rience, but would also prevent abuseof power by judges who have life-time terms.

511


Key Terms and Main Ideas1. Why were the inferior courts created?2. (a) What is jurisdiction? (b) Explain the difference between

exclusive jurisdiction and concurrent jurisdiction.3. Describe the roles of plaintiff and defendant.4. (a) Contrast original jurisdiction and appellate juris-

diction. (b) What kind of jurisdiction does the SupremeCourt have?

Critical Thinking5. Drawing Conclusions What qualifications do you think the

President should consider in the appointment of a federaljudge?

6. Expressing Problems Clearly Explain why you would favor or oppose constitutional amendments providing for (a) the

popular election of federal judges and (b) a fixed term ofoffice for federal judges.

they may retire at full salary at age 65, after atleast 15 years of service. The Chief Justice maycall any retired judge back to temporary dutyin a lower federal court at any time.

Court OfficersToday, federal judges have little involvement inthe day-to-day administrative operations of thecourts over which they preside. Their primarymission is to hear and decide cases. The supportservices they need in order to perform that taskare provided by a clerk, several deputy clerks,bailiffs, court reporters and stenographers, pro-bation officers, and other court personnel.

The judges of each of the 94 district courtsappoint one or more United States magistrates.There are now more than 400 of these magis-trates. They are appointed to eight-year termsand handle a number of legal matters oncedealt with by the judges themselves. They issuewarrants of arrest and often hear evidence todecide whether or not a person who has beenarrested on a federal charge should be held foraction by a grand jury. They also set bail infederal criminal cases, and even have thepower to try those who are charged with cer-tain minor offenses.

Each federal judicial district also has at leastone bankruptcy judge. They handle bank-ruptcy cases under the direction of the districtcourt to which they are assigned.5 There are

now some 350 bankruptcy judges, all of themappointed to 14-year terms by the judges ofeach federal court of appeals. The Presidentand the Senate appoint a United States attorneyfor each federal judicial district. The U.S. attor-neys and their many deputies are the govern-ment’s prosecutors. They work closely with theFBI and other law enforcement agencies, andbring to trial those persons charged with fed-eral crimes. They also represent the UnitedStates in all civil actions brought by or againstthe government in their districts.

The President and Senate also select a UnitedStates marshal to serve each of the districtcourts. These marshals, and their several deputyU.S. marshals, perform duties much like those ofa county sheriff. They make arrests in federalcriminal cases, hold accused persons in custody,secure jurors, serve legal papers, keep order incourtrooms, and execute court orders and deci-sions. They also respond to such emergency situations as riots, mob violence, and other civildisturbances, as well as terrorist incidents. AllUnited States attorneys and marshals areappointed to four-year terms—and members ofthe Senate are usually closely involved in theirselections.

5Recall that bankruptcy is a legal proceeding in which a debtor’sassets are distributed among those to whom the bankrupt person,business, or other organization owes money. Although some bank-ruptcy cases are heard in State courts, nearly all of them fall withinthe jurisdiction of the federal district courts.

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For: An activity on the nationaljudiciary

Web Code: mqd-5181

Progress Monitoring OnlineFor: Self-quiz with vocabulary practiceWeb Code: mqa-5181

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Typing in the Web Code whenprompted will bring students directly to detailedinstructions for this activity.

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Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Tell students that a sportsarticle might call a baseball pitcherthe “workhorse” of the staff. Askstudents what the term means. Elicitthat this pitcher pitches the mostinnings. Explain that in this section,students will learn about the courtsthat are the “workhorses” of thenational judiciary.Vocabulary Builder Ask students totry to “translate” this statement: “Thecourt had three criminal cases and twocivil cases on its docket.” As studentsread the section, have them checktheir translations, using the definitionsof the Political Dictionary terms.

The Inferior Courts2

512


Consider these suggestions to manage extendedclass time:! Have students outline the structure and juris-diction of the federal district courts, the federalcourts of appeals, the Court of Internationaltrade, and the Court of Appeals for the FederalCircuit. Have volunteers review their outlineswith the class and discuss similarities and differ-ences between the structure and jurisdiction ofthe various federal courts.

! Assign groups of 3–4 students one of thefederal courts discussed in this section. Haveeach group create a hypothetical case thatwould fit the jurisdiction requirements of thatcourt. Groups present their cases to the class,which then “tracks” each case through itsassigned court.


YYou know that the particular meaning of aword often depends on the context—the

setting—in which it is used. Thus, pitch can beeither a baseball or a musical term; or it canrefer to the setting up of a tent, or to a high-pressure sales talk.

The word inferior has various meanings, aswell. Here it describes the lower federal courts,those courts created by Congress to functionbeneath the Supreme Court. The inferiorcourts handle most of the cases tried in the fed-eral courts.

The District CourtsThe United States district courts are the federaltrial courts. Their 677 judges handle more than300,000 cases a year, about 80 percent of thefederal caseload. The district courts were createdby Congress in the Judiciary Act of 1789. Thereare now 94 of them.

Federal Judicial DistrictsThe fifty States are divided into 89 federal judi-cial districts, and there are also federal districtcourts for Washington, D.C., Puerto Rico, theVirgin Islands, Guam, and the NorthernMariana Islands. Each State forms at least onejudicial district. Some are divided into two ormore districts, however—usually because of thelarger amount of judicial business there. At leasttwo judges are assigned to each district, butmany districts have several. Thus, New York isdivided into four judicial districts; one of them,

the United States Judicial District for SouthernNew York, now has 28 judges.

Cases tried in the district courts are mostoften heard by a single judge. However, certaincases may be heard by a three-judge panel.6

District Court JurisdictionThe district courts have original jurisdictionover most cases that are heard in the federalcourts (except those few cases that fall withinthe original jurisdiction of the United StatesSupreme Court and those cases that are heardby the U.S. Court of International Trade or byone of the special courts). Thus, these districtcourts are the principal trial court in the fed-eral court system.

The Inferior Courts

Objectives

1. Describe the structure and jurisdictionof the federal district courts.

2. Describe the structure and jurisdictionof the federal courts of appeals.

3. Describe the structure and jurisdictionof the two other constitutional courts.

Why It Matters

The inferior courts, those beneath theSupreme Court, are the core of the federaljudicial system, hearing nearly all of thecases tried in federal courts. They hearcases, both originally and on appeal, andboth criminal and civil cases.

PoliticalDictionary" criminal case" civil case" docket

6Congress has directed that three-judge panels hear certaincases. Chiefly, these are cases that involve congressional districtingor State legislative apportionment questions, those arising under theCivil Rights Act of 1964 or the Voting Rights Acts of 1965, 1970, 1975,and 1982, and certain antitrust actions.

Two little-known multi-judge panels play a key role in ongoingefforts to combat terrorism in this country and abroad. Both areshrouded in secrecy. (1) The Foreign Intelligence Surveillance Court,created by Congress in 1978. This tribunal is composed of 11 feder-al district court judges, appointed to seven-year terms by the ChiefJustice of the United States. The court, which meets in secret, has thepower to issue secret search warrants—court orders that allow theFBI, the CIA, and other federal law enforcement agencies to conductcovert surveillance of persons suspected of being spies or membersof terrorist organizations. (2) The Alien Terrorist Removal Court, creat-ed by Congress in 1996. It is made up of five district court judges,appointed by the Chief Justice to five-year terms. This court has thepower to decide whether those persons identified as “alien terrorists”by the Attorney General of the United States should be expelled fromthis country.

Lesson PlanTeaching the Main Ideas1. Focus Tell students that a varietyof inferior courts handle nearly allcases tried in the federal court system.Ask students to discuss what kindsof cases might be heard by inferiorcourts.2. Instruct Have students suggesta fictional case that a district courtmight hear. Determine why it is afederal case and what the verdict is.Then ask students where the casewould go on appeal, and have them“follow” it as far as the SupremeCourt. Conclude by reviewing theother constitutional courts.3. Close/Reteach Remind studentsthat the inferior courts are the coreof the federal judiciary system. Havegroups of students draw diagramsthat show the structure and jurisdic-tion of the district courts, the courtsof appeals, or the other constitutionalcourts.

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Reading StrategySummarizingWrite a main idea statement for thepassages under each main heading ofthe section. Put them together intoone paragraph. Then compare yourparagraph to the Chapter in Briefsummaries on p. 505. Do you haveall or most of the ideas?

As students begin their study of ournational judiciary, ask them to con-sider the debate of “rehabilitation vs.incarceration” in relation to theUnited States penal system. Throughthe use of library resources, periodi-cals, newspaper articles, documen-taries, or other reference material,have them create spreadsheets orcharts that show statistics of recidi-vism (repeat criminal behavior). Afterthey have finished, ask them to giveopinions on whether the penal systemshould incarcerate or rehabilitateconvicted criminals. GT





513

Answer to . . .Interpreting Maps As more crimesare designated federal offenses,federal caseloads increase.


L4

W

E

E

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N

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EE

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E

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VTNH

NJDEMD

VA

Virgin Islands

NC

SC

KY

TN

MSLATX

OK

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NDMT

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CANV

AZ

AK

HI

NM

UT

ID

WY

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AR AL GA

FL

OHINIL

MI

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IA

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NY

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GuamPuerto Rico

NorthernMarianaIslands

3

3

1

2

1

4

12

5

6

7

8

9

9

1

10

11

Federal District CourtCaseload, 1900–2004

Federal Appeals CourtCaseload, 1900–2004

Num

ber o

f cas

es fi

led

(in th

ousa

nds)

*

Year

Year

01900 1980 1990 2000 2004

50100150200250300350

2030

10

405060

1900 1980 1990 2000 20040

*Total civil and criminal casesSOURCES: Administrative Office of the United States Courts;Judicial Caseload Profile; Judicial Facts and Figures

Judicial circuit KEY

District court regions northern, eastern, southern, western,central and middle districts

NESWCM

SOURCE: Federal Judiciary Home Page

Court of Appealsfor the District

of Columbia

Court of Appeals for the Federal Circuit

(national jurisdiction)70

U.S. Federal Court Districts and Circuits

Interpreting Maps Each State comprises at least one United States judicial district. Thenation is divided into twelve judicial circuits, as shown on the map. The graphs showincreasing federal caseloads. Explain how this increase relates to the trend in Congress

toward designating more crimes as federal offenses.

7The United States is always a party to a federal criminal case, asthe prosecutor. Most civil cases involve private parties; but here, too,the United States may be a litigant, as either plaintiff or defendant.

8These tribunals were originally known as the circuit courts ofappeals. Before 1891, Supreme Court justices “rode circuit” to hearappeals from the district courts. Congress renamed these courts in1948, but they still are often called the circuit courts.

The district courts hear a wide range of bothcriminal cases and civil cases. A criminal case, inthe federal courts, is one in which a defendant istried for committing some action that Congress hasdeclared by law to be a federal crime. A federalcivil case involves some noncriminal matter, suchas a dispute over the terms of a contract or a claimof patent infringement.7 The district courts trycriminal cases ranging from bank robbery and mailfraud to counterfeiting and tax evasion. They hearcivil cases arising under bankruptcy, postal, tax,public lands, civil rights, and other laws of theUnited States. The district courts are the only fed-eral courts that regularly use grand juries to indictdefendants and petit juries to try defendants.

Most of the decisions made in the 94 federaldistrict courts are final. However, some cases

are appealed to the court of appeals in thatjudicial circuit or, in a few instances, directly tothe Supreme Court.

The Courts of AppealsThe courts of appeals were created byCongress in 1891. They were establishedas “gatekeepers” to relieve the SupremeCourt of much of the burden of hearingappeals from the district courts. Thoseappeals had become so numerous that theSupreme Court was then three years behind its docket—its list of cases to be heard.

There are now 12 courts of appeals in thejudicial system.8 The United States is divided into

! Seal of the U.S.Court of Appeals forthe Fifth Circuit


Using magazines, newspapers, orother forms of print media, have stu-dents choose a federal court casethat is in the news. Ask them towrite a statement about the kind ofcourt that is hearing the case and itsjurisdiction. Then have students citeexamples from the case that outlinethe court’s authority, activities, andthe roles of its officers. Ask for vol-unteers to present their case descrip-tions to the class.



ABC News Civics andGovernment Videotape Library

The Blessings of Liberty (time: aboutan hour)

514

Answer to . . .Interpreting Diagrams Possibleanswer: District courts and courtsof appeals.


Magruder’s American Government Video Collection

The Magruder’s Video Collection explores keyissues and debates in American government. Eachsegment examines an issue central to chaptercontent through use of historical and contempo-rary footage. Commentary from civic leaders inacademics, government, and the media followseach segment. Critical-thinking questions focusstudents’ attention on key issues, and may beused to stimulate discussion.

Use the Chapter 18 video segment to explore theappeals process. (time: about 5 minutes) This seg-ment gives students a practical application of theappeals process by tracing a federal case as itmakes its way through the court system.

Box HeadSpotlight on TechnologySpotlight on Technology

12 judicial circuits, including the District ofColumbia, with one court of appeals for eachcircuit, as shown on the previous page.

Appellate Court JudgesAltogether, 179 circuit judges sit on theseappellate courts. In addition, a justice of theSupreme Court is assigned to each of them.Take, for example, the United States Court ofAppeals for the Eleventh Circuit. The circuitcovers three States: Alabama, Georgia, andFlorida. The court is composed of 12 judges,and Supreme Court Justice Anthony Kennedyis also assigned to the circuit. The judges holdsessions in a number of cities within the circuit.

Each of the courts of appeals usually sits inpanels of three judges. However, occasionally,to hear an important case, a court will sit

en banc—that is, with all of the judges forthat circuit participating.

Appellate Court JurisdictionThe courts of appeals have only appellate jurisdic-tion. They hear cases on appeal from the lowerfederal courts. Most appeals come from the dis-trict courts within their circuits, but some do comefrom the U.S. Tax Court and the territorial courts.The courts of appeals also hear appeals from thedecisions of several federal regulatory agencies,such as the Federal Trade Commission, theNational Labor Relations Board, and the NuclearRegulatory Commission. (See diagram below.)

The courts of appeals now handle more than55,000 cases a year. Their decisions are final,unless the Supreme Court chooses to hearappeals taken from them.

9Recall that the several independent regulatory commissions haveboth quasi-legislative (rule-making) and quasi-judicial (decision-making) powers.

How Federal Cases Are Appealed

U.S. Court of Appeals for the Armed Forces

MilitaryCourts

U.S. TaxCourt

94 DistrictCourts

Courts ofthe Districtof Columbia

U.S. Court of Appeals for

Veterans Claims

Appeals fromFederal

RegulatoryAgencies

Appeals fromHighest

State CourtsTerritorial

Courts


Trade

U.S. Court of Federal

Claims



the Federal Circuit

U.S. Court of Appeals for the Armed Forces

MilitaryCourts

U.S. TaxCourt

94 DistrictCourts

Courts ofthe Districtof Columbia


Veterans Claims

Appeals fromFederal

RegulatoryAgencies

Appeals fromHighest

State CourtsTerritorial

Courts


Trade

U.S. Court of Federal

Claims



the Federal Circuit


Constitutional courts

Special courts

Other courts

Interpreting Diagrams The diagram above shows how cases originating in various courts can beappealed to the U.S. Supreme Court. From what you have read so far, what do you think are thetwo or three inferior courts that handle the largest proportion of cases in the country?

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Quiz Unit 5 booklet, p. 5includes matching and multiple-choicequestions to check students’ under-standing of Section 2 content.



Answers to . . .

Section 2 Assessment1. A criminal case is one in which aperson is tried for committing anillegal action. A civil case is one thatinvolves a noncriminal matter, suchas a dispute between parties.2. It created the courts of appeals.3. To handle the majority of the fed-eral court caseload.4. Answers will vary, but might sug-gest that the U.S. judicial processincludes many opportunities fordecisions to be reviewed.5. Possible answer: The caseload ofcivil appeals may have grown toolarge to be handled efficiently.

515

Answer to . . .Interpreting Political Cartoons(a) The room is in disorder and peo-ple are not paying attention to eachother. (b) Delivering more appealsto the Court. (c) That the court isoverwhelmed with cases it cannothear.


Interpreting Political Cartoons This 1885 cartoon shows a Supreme Courtswamped by appeals. (a) Describe what is going on in this scene. (b)What is the man in the foreground doing? (c) What point is the artistmaking?

Key Terms and Main Ideas1. What is the difference between a criminal case and a civil

case?2. What action did Congress take in the late 1800s to relieve

the Supreme Court’s overloaded docket?3. Summarize the main purpose of the federal district courts

and the federal courts of appeals.

Critical Thinking4. Drawing Conclusions Most of the courts in the federal judi-

ciary are appellate courts. What does this fact suggest aboutthe American judicial process?

5. Expressing Problems Clearly What kind of problemsmight have prompted Congress to create an entirely newtype of appellate court in 1982?

Other Constitutional CourtsCongress has created two other Article III courts.They are the U.S. Court of International Trade andthe U.S. Court of Appeals for the Federal Circuit.

The Court of International TradeThe Trade Court was created originally in 1890as the Board of United States GeneralAppraisers. That body became the Court ofCustoms in 1926, and Congress restructuredand renamed that court in 1980.

The Court of International Trade now hasnine judges, one of whom is its chief judge. Ithears civil cases arising out of tariff and othertrade-related laws. The judges of the TradeCourt sit in panels of three and often hold trialsat such major ports as New Orleans, SanFrancisco, Boston, and New York. Appealsfrom decisions of the Trade Court are taken tothe Court of Appeals for the Federal Circuit.

The Court of Appealsfor the Federal CircuitCongress created the Court of Appeals for theFederal Circuit in 1982. It established the newcourt to centralize, and so speed up, the handlingof appeals in certain kinds of civil cases. Thisappellate court, unlike the 12 other federal courtsof appeals, hears cases from all across thecountry. That is, it has a nationwide jurisdiction.

The Court of Appeals for the Federal Circuithears appeals from several different courts. Manyof its cases come from the U.S. Court of Inter-national Trade, and others from the U.S. Court of

Federal Claims and the U.S. Court of Appeals forVeterans Claims, two of the special courts. It alsohears appeals in patent, trademark, and copyrightcases coming from the 94 district courts aroundthe country. Then, too, it takes cases that ariseout of administrative rulings made by the Inter-national Trade Commission, the Patent andTrademark Office in the Department of Com-merce, and the Merit Systems Protection Board.

The Court of Appeals for the Federal Circuithas 12 judges. It sits in panels of three or morejudges on each case and also may hear or reheara case en banc. The court usually hears cases inWashington, D.C., but it may also do so wher-ever any of the other federal courts of appeals sits.Appeals from the court may be taken to theSupreme Court, but they rarely are.

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Choosing Federal Judges

on Primary Sources

The Constitution says the President “shall nominate, and by and with the Advice andConsent of the Senate, shall appoint. . . Judges of the supreme Court.” Although mostPresidents choose judges who agree with their policy viewpoints, Nadine Strossen,President of the American Civil Liberties Union, argues that the Senate should play amore assertive role in the judicial selection process.

alone. Referring to the signifi-cant separation of powers con-cerns implicated by the judicialappointment process, Virginiadelegate George Mason saidthat an exclusively presidentialappointment power constituted“a dangerous prerogative”that “might even give him aninfluence over the Judiciary

Department itself.”Only near the end of the Convention did the

delegates agree to give the president any role at allin the judicial selection process, by adopting thecurrent appointment clause. The president and theSenate should have a “partnership” relationship inthe judicial appointment process. Structuralaspects of the Constitution dictate that, in fulfillingtheir respective roles in the process, each of thesepartners should consider candidates’ constitutionaland judicial philosophies.

The Constitution’s appoint-ment clause . . . clearlyconfers upon the president

unfettered [unlimited] discre-tion to name federal judges ofhis choosing, subject to theSenate’s “advice and consent.”It specifies no minimal criteriaor essential qualifications forsuch judges . . . and by failingto set out any limits on that power [to nominatejudges], the constitutional text indicates that thepresident’s judicial nominations could also appro-priately take the nominees’ views into account.

The Constitution is as silent about criteria forthe Senate’s confirmation decision as it is aboutthose for the president’s initial nomination.Accordingly, the text assigns the Senate as open-ended a discretion in the confirmation process as itassigns the president in the nomination process. Inexercising that discretion, it is as appropriate forthe Senate to consider a candidate’s constitutionaland judicial philosophy as it is for the president.

The Senate’s concurrent role in the judicialselection process is also confirmed by the proceed-ings at the 1787 Constitutional Convention whichled to the adoption of the appointment clause.Indeed, until the final days of the Convention, theproposed constitutional text gave the Senate—or,in some versions, the Senate and the House ofRepresentatives—the sole power to appoint federaljudges, including Supreme Court Justices.

In contrast, the delegates roundly rejected allattempts to confer this power on the president

President George W. Bush nominated John Robertsto become the nation’s Chief Justice in 2005.

on Primary Sources

Analyzing Primary Sources1. According to the author, how did the Founding

Fathers feel about giving the President the powerto appoint federal judges?

2. How does the nomination process reflect the principle of separation of powers?

3. Many people believe that a judicial nomineeshould not be pressured to give his or her opinions on Constitutional issues before the nominee takes a seat as a judge. How would theauthor respond?

Choosing Federal JudgesFocus Ask students to hypothesizeabout why presidential nominationsfor federal judgeships are required toreceive consent from the Senate inorder to take office.Instruct Recall for students the roleof senatorial courtesy in presidentialappointments. Ask: Given this custom,who really has more influence in theappointment of judges—the Presidentor the Senate? Ask students to con-sider the system of appointing judgestoday, and think of ways the systemmight be changed to make it “closer tothe ideals of the Founding Fathers.” Close/Reteach Call on volunteers toshare their ideas for changing the wayfederal judges are appointed. Writeall ideas on the chalkboard, and thendiscuss them as a class. For each idea,have students decide whether NadineStrossen would agree.

Keep It Current CD-ROM includesgovernment-related projects

by unit. The CD-ROM links to thePrentice Hall School Web site andmay be used for daily updates.

516

Answers to . . .Analyzing Primary Sources1. Many of the Framers werereluctant to give the President anypower to name federal judges, andthey wanted the Senate to play animportant role in the process.2. The President and the Senatemust work together to choose federal judges, so neither branchcan have too much power overthe judicial branch. 3. The author believes that theConstitution allows, and possiblyencourages, the President and theSenate to study a nominee’s views.

Close Up on Primary Sources The Selection ofSupreme Court Justices, p. 20, extends this featurewith a primary source activity.

Corner


www.closeup.org

MAG05_NA_TE_CH18_PS 1/5/06 2:47 PM Page 516


Consider these suggestions to manage extendedclass time:! Ask students to create a section of a textbookbased on the Supreme Court’s jurisdiction andhow cases reach it. Tell them that they are writingthis textbook for elementary or middle schoolstudents. Encourage them to create visuals tohelp clarify difficult concepts. Ask students tocreate questions based on the section.

! Ask students to simulate the operations of theSupreme Court. Have students either researchan actual case or create their own scenario. Ineither situation, have students walk through oralarguments, briefs, the Court in conference, andopinions. Finally, discuss what occurs duringeach stage.


Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Ask students what hap-pens when they have a dispute witha brother or sister that they cannotresolve themselves. Have them dis-cuss where they would likely take adispute for resolution. Explain thatin this section, they will learn aboutthe court that resolves the most diffi-cult disputes in the nation.Vocabulary Builder Have students, as they read the section, write the def-initions of the terms in the PoliticalDictionary and note what each termhas to do with the Supreme Court.

517

The Supreme Court3

Court of the United States. That single factmakes the Supreme Court the final authorityon the meaning of the Constitution.

The Constitution does not in so many wordsprovide for the power of judicial review. Still,there is little doubt that the Framers intended

The Supreme Court

Objectives

1. Define the concept of judicial review.2. Outline the scope of the Supreme

Court’s jurisdiction.3. Examine how cases reach the Supreme

Court.4. Summarize the way the Court operates.

Why It Matters

The Supreme Court, the only court createdby the Constitution, is the final authority onquestions of federal law. It enjoys broadjurisdiction but usually limits its caseload toappeals involving constitutional questionsand interpretations of federal law.

PoliticalDictionary" writ of certiorari" certificate" majority opinion" precedent" concurring opinion" dissenting opinion

9Article I, Section 3, Clause 6.10Congress sets the number of associate justices and thus the

size of the Supreme Court. The Judiciary Act of 1789 created aCourt of six justices, including the Chief Justice. Its size wasreduced to five members in 1801 but increased to seven in 1807,to nine in 1837, and to 10 in 1863. It was reduced to seven in 1866and raised to its present size of nine in 1869.

! A scale is often used to represent justice.

TThe eagle, the flag, Uncle Sam—you almostcertainly recognize these symbols. They are

used widely to represent the United States. Youprobably also know the symbol for justice: theblindfolded woman holding a balanced scale. Sherepresents what is perhaps this nation’s loftiestgoal: equal justice for all. Indeed, those wordsare chiseled in marble above the entrance to theSupreme Court building in Washington, D.C.

The Supreme Court of the United States is theonly court specifically created by the Constitution,in Article III, Section 1. The Court is made upof the Chief Justice of the United States, whoseoffice is also established by the Constitution,9

and eight associate justices.10 The Framers quitepurposely placed the Court on an equal planewith the President and Congress. As the high-est court in the land, the Supreme Court standsas the court of last resort in all questions of fed-eral law. That is, it is the final authority in anycase involving any question arising under theConstitution, an act of Congress, or a treaty ofthe United States.

Judicial ReviewRemember, most courts in this country, bothfederal and State, may exercise the criticallyimportant power of judicial review. They havethe extraordinary power to decide the constitu-tionality of an act of government, whetherexecutive, legislative, or judicial. The ultimateexercise of that power rests with the Supreme

Lesson PlanTeaching the Main Ideas1. Focus Tell students that theSupreme Court is the highest court in the land. Ask students to discusswhat they know about the power ofthe Supreme Court over actions ofCongress, the President, or othercourts.2. Instruct Ask students to explainjudicial review and then summarizehow cases reach the High Court andhow the Court operates. Have themdiscuss how these three subjects allreflect the Court’s position as thenation’s “Supreme” Court.3. Close/Reteach Remind studentsthat the Supreme Court is the mostpowerful court in the United States.Ask students to write five questionsabout the powers, process of caseselection, and operation of theSupreme Court. Have them answerthe questions with a classmate.

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Reading StrategyGetting the Main IdeaTell students that the Supreme Courthas greater powers than the otherfederal courts. Have students, asthey read, note the powers of theSupreme Court and how the Courtexercises those powers.

Share the following quotation withstudents:

“No matter whether th’ consti-tution follows th’ flag or not,th’ supreme coort follows theiliction returns.”

—Mr. Dooley (character created by journalist and humorist

Finley Peter Dunne)

Discussion Have students identifythe view of the Supreme Court thatDunne is expressing. Then have stu-dents explain why they agree or dis-agree with this interpretation. Askstudents how the Constitution seeksto guard against a Supreme Courtthat “follows the iliction returns.”GT





518

To make sure students understand the mainpoints of this section, you may wish to use theflowchart organizer to the right.

Tell students that a flowchart shows a sequenceof events. Ask students to use the flowchart todescribe how judicial review evolved and whatits effects have been on the Supreme Court.




Answer to . . .Interpreting Charts It expanded thejudicial branch’s role by introducingjudicial review.

Senate had confirmed his appointment and,late on the night of March 3, 1801, PresidentAdams signed the commissions of office forMarbury and for a number of other new judges.The next day Jefferson became the President,and discovered that Marbury’s commission andseveral others had not yet been delivered.

Angered by the Federalists’ attempted court-packing, Jefferson at once told James Madison,the new secretary of state, not to deliver thosecommissions to the “midnight justices.” WilliamMarbury then went to the Supreme Court, seekinga writ of mandamus13 to force delivery.

Marbury based his suit on a provision of theJudiciary Act of 1789, in which Congress hadcreated the federal court system. That law gavethe Supreme Court the right to hear such suits inits original jurisdiction (not on appeal from alower court).

that the federal courts—and, in particular, theSupreme Court—should have this power.11

Marbury v. MadisonThe Court first asserted its power of judicial reviewin the classic case of Marbury v. Madison in 1803.12

The case arose in the aftermath of the stormyelections of 1800. Thomas Jefferson and hisDemocratic-Republicans had won the presidencyand control of both houses of Congress. The out-going Federalists, stung by their defeat, then triedto pack the judiciary with loyal party members.Congress created several new federal judgeshipsin the early weeks of 1801; President John Adamsquickly filled those posts with Federalists.

William Marbury had been appointed a justiceof the peace for the District of Columbia. The

13A writ of mandamus is a court order compelling a governmentofficer to perform an act which that officer has a clear legal duty toperform.

11See Article III, Section 2, setting out the Court’s jurisdiction, andArticle VI, Section 2, the Supremacy Clause.

12It is often mistakenly said that the Court first exercised thepower in this case, but in fact the Court did so at least as early asHylton v. United States in 1796. In that case it upheld the constitu-tionality of a tax Congress had laid on carriages.

An Early Supreme Court Drama: Marbury v. Madison

The PlayersJohn Adams, outgoing FederalistPresident of the United StatesThomas Jefferson, incomingDemocratic-Republican President of the United StatesJames Madison, incomingsecretary of stateWilliam Marbury, appointed a justice of the peace for the Districtof ColumbiaJohn Marshall, Chief Justice of the United States Supreme Court

The Case1. The night before leaving office, Adams signs several judicial commissions.2. Angered by Adams’ actions, Jefferson orders Madison to withhold any commissions not yet delivered.3. Hoping to force Jefferson to give him the judgeship, Marbury files suit in the Supreme Court. He argues that the Judiciary Act of 1789 allows him to take his case directly to the high court.

The DecisionMarshall, writing for a unanimous court, declares that the Judiciary Act violates Article III, Section 2 and is therefore unconstitutional. Marbury loses, having based his case on an unconstitutional law.

The ImpactThe case established the Supreme Court’s power of judicial review—its power to determine the constitutionality of a governmental action. The power extends to the actions of all governments in the United States—national, State and local. The Court’s decision in Marbury assured the place of the judicial branch in the system of separation of powers.

Interpreting Charts In the landmark case Marbury v. Madison, the SupremeCourt ruled against William Marbury because he had based his case on a part ofthe Judiciary Act of 1789, which was found to be in conflict with the Constitution.How did the Court’s decision affect the role of the judicial branch in our system of government?

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Have students create a poster orpolitical cartoon that illustrates therole of the Supreme Court in theAmerican system of government. Theposter or cartoon should includesuch concepts as judicial review andopinions (majority, concurring, anddissenting). Have students presenttheir work to the class. LPR



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Background NoteCommon Misconceptions Judicial review is not simply a matter ofthe Supreme Court determining whethera law “matches” the Constitution.Contrary to popular belief, the Courtitself is often unsure of what is and isnot constitutional. Justice Louis Brandeiswrote that “the Court bows to thelessons of experience and the force ofbetter reasoning, recognizing that theprocess of trial and error, so fruitful inthe physical sciences, is appropriatealso in the judicial function.” Anothergreat justice, Charles Evans Hughes,went so far as to say that “The historyof scholarship is a record of disagree-ments. And when we deal with ques-tions relating to the principles of lawand their applications, we do not sud-denly rise into the stratosphere of icycertainty.”

Have students read the passages under the heading Supreme CourtJurisdiction and then answer the question below.What jurisdiction does the Supreme Court have?A appellate jurisdiction B original jurisdictionC original and appellate jurisdictionD any case it chooses to take

Preparing for Standardized Tests

Answer to . . .Evaluating the Quotation Answerswill vary, but should be supportedwith relevant facts and examples.

Chapter 18 • Section 3In a unanimous opinion written by Chief

Justice John Marshall, the Court refusedMarbury’s request.14 It did so because it found the section of the Judiciary Act on which Marbury had based his case to be in conflictwith the Constitution and, therefore, void. Spe-cifically, it found the statute in conflict with the section of the Constitution that reads:

“ In all Cases affectingAmbassadors, other public

Ministers and Consuls, and those in which aState shall be Party, the supreme Court shallhave original Jurisdiction. In all the otherCases before mentioned, the supreme Courtshall have appellate Jurisdiction. . . .”

—Article III, Section 2, Clause 2

Marshall’s powerful opinion was based onthree propositions. First, the Constitution is, byits own terms, the supreme law of the land.Second, all legislative acts and other actions ofgovernment are subordinate (inferior) to thesupreme law and cannot be allowed to conflictwith it. Third, judges are sworn to enforce theprovisions of the Constitution, and thereforemust refuse to enforce any government actionthey find to be in conflict with it.

The Effects of MarburyThe impact of the Court’s decision goes farbeyond the fate of an obscure individual namedWilliam Marbury. In this decision, Chief JusticeMarshall claimed for the Supreme Court the rightto declare acts of Congress unconstitutional, andso laid the foundation for the judicial branch’skey role in the development of the Americansystem of government.

The Court has used its power of judicialreview in thousands of cases since 1803. Usuallyit has upheld the constitutionality of federal andState actions.

The dramatic and often far-reaching effects ofthe Supreme Court’s exercise of the power of

judicial review tends to overshadow much of itsother work. Each year it hears dozens of cases inwhich questions of constitutionality are notraised, but in which federal law is interpreted andapplied. Thus, many of the more importantstatutes that Congress has passed have beenbrought to the Supreme Court time and againfor decision. So, too, have many of the lesserones. In interpreting those laws and applyingthem to specific situations, the Court has had areal impact on both their meaning and their effect.

Supreme Court JurisdictionThe Supreme Court has both original and appel-late jurisdiction. Most of its cases, however, comeon appeal—from the lower federal courts andfrom the highest State courts.

Article III, Section 2 of the Constitution spellsout two classes of cases that may be heard by theHigh Court in its original jurisdiction: (1) thoseto which a State is a party and (2) those affectingambassadors, other public ministers, and consuls.

Congress cannot enlarge on this constitu-tional grant of original jurisdiction. Recall, that

14Marshall was appointed Chief Justice by President JohnAdams, and he took office on January 31, 1801. He served in thepost for 34 years, until his death on July 6, 1835. He also served asAdams’s secretary of state from May 13, 1800, to March 4, 1801.Thus, he served simultaneously as secretary of state and ChiefJustice for more than a month at the end of the Adams administra-tion. What is more, he was the secretary of state who had failed todeliver Marbury’s commission in a timely fashion.

David Souter was named a Supreme Court justice by PresidentGeorge H. W. Bush in 1990. From his experience as NewHampshire attorney general and a State courtjudge, Souter knew that judges’ decisions aremore than abstract exercises. Here are histhoughtful comments on the point:

“ Whether we are on a trial courtor an appellate court, at the end ofour task some human being isgoing to be affected. . . . If indeedwe are going to be trial judges, whoserulings will affect the lives of otherpeople and who are going to change their livesby what we do, we had better use every powerof our minds and our hearts and our beings toget those rulings right.”

Evaluating the QuotationThink of an issue that reflects the “human” effects of court deci-sions that Justice Souter refers to. In what ways did a court decisionaffect the daily lives of Americans?

Voices on GovernmentVoices on Government

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Point-of-Use ResourcesThe Enduring Constitution

Judicial Review, p. 7

Close Up on Primary SourcesMarbury v. Madison (1803), p. 64;Justice William J. Brennan, How theSupreme Court Arrives at Decisions,p. 65

Basic Principles of the ConstitutionTransparencies Transparencies 37-43Judicial Review

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Judicial Review It may seem odd that the power of judicial review,which has left the Supreme Court as the finalauthority on the constitutionality of U.S. laws, is not mentioned in the Constitution. However,statements from Framers of the Constitution,such as Alexander Hamilton in The FederalistNo. 78, seem to suggest the need for the powerof judicial review, and decisions made by theSupreme Court seem to suggest that the Courtconsidered it one of its basic functions.

ActivityHave students conduct research on the legal sys-tem of at least two other countries to determinewhether their courts have the power of judicialreview. For countries that do allow for judicialreview, ask students to determine whether it is apower granted by the country’s constitution or ifthe power developed out of tradition.

Constitutional Principles

Answer to . . .Interpreting Diagrams Possible answer:As the Supreme Court has timeonly to hear a limited number ofcases, they must be of significance.


Background NoteRecent ScholarshipTwo recent publications give readersan inside look at how the SupremeCourt works today and how it func-tioned in the past. Supreme CourtJustice Sandra Day O’Connor offersreflections both public and private inThe Majesty of the Law: Reflections ofa Supreme Court Justice. In addition totelling what it’s like to be on theSupreme Court, Justice O’Connor offersher unique and highly qualified per-spective on women in law.

Many years before O’Connor’s time,John Knox became clerk to JusticeJames McReynolds during the admin-istration of Franklin D. Roosevelt. In hismemoirs, Knox tells about Roosevelt’sattempt to “pack the Court” in 1937and peels back layers of time to revealto the reader what life was like inWashington, D.C., during the New Dealera. The Forgotten Memoir of JohnKnox: A Year in the Life of a SupremeCourt Clerk in FDR’s Washingtonincludes a foreword by DennisHutchinson and David Garrow, as wellas photographs of Knox, McReynolds,and others.

is what the Court held in Marbury. If Congresscould do so, it would in effect be amending theConstitution. Congress can implement the con-stitutional provision, however, and it has doneso. It has provided that the Court shall haveoriginal and exclusive jurisdiction over (1) allcontroversies involving two or more States,and (2) all cases brought against ambassadorsor other public ministers, but not consuls.

The Court may choose to take original juris-diction over any other case covered by the broadwording in Article III, Section 2 of the Constitu-tion. Almost without exception, however, thosecases are tried in the lower courts. The Supreme

Appealing a Case to the Supreme Court

Step 1Case is filed in

a federal district court.

Step 2Case is appealed to

a federal court of appeals.

Step 3Case is appealed to the Supreme Court.

The Supreme Court either:

Step 4Supreme Court

rules on the case.

• allows the lower-court ruling to stand, or

• agrees to hear the case.


FederalDistrictCourt

FederalAppeals

Court

• sends the case back to the lower court to reconsider it, or

! No Anonymous TipsIn Florida v. J.L., 2000,the Supreme Court ruledthat under ordinary cir-cumstances, an anony-mous tip to police about a concealed firearm wasnot sufficient to prompt a legal “stop and frisk”search.

Court hears only a very small number of cases inits original jurisdiction—in fact, only a case ortwo each term.

How Cases Reach the CourtSome 8,000 cases are now appealed to theSupreme Court each year. Of these, the Courtaccepts only a few hundred for decision. In mostcases, petitions for review are denied, usuallybecause most of the justices agree with the decisionof the lower court or believe that the case involvesno significant point of law. The Court selects thosecases that it does hear according to “the rule offour”: At least four of its nine justices must agreethat a case should be put on the Court’s docket.

More than half the cases decided by the Courtare disposed of in brief orders. For example, anorder may remand (return) a case to a lower courtfor reconsideration in the light of some other recentand related case decided by the High Court. Alltold, the Court decides, after hearing argumentsand with full opinions, fewer than 100 cases a year.

Most cases reach the Supreme Court by writof certiorari (from the Latin, meaning “to bemade more certain”). This writ is an order bythe Court directing a lower court to send up therecord in a given case for its review. Either party

Interpreting Diagrams The diagram above shows the typical route (though not the only one) acase might take to the Supreme Court. Why do you think this process requires so many stepsto reach the Supreme Court—often at great expense and time to the parties involved?


Time 90 minutes. Purpose Hold a mock Supreme Courthearing.Grouping Nine students as SupremeCourt justices, the rest of the classmaking up four groups (plaintiff,defendant, and a special interestgroup for each side).Activity Groups will prepare briefsand oral presentations to argue theirside of the case. Choose an issuethat is relevant to the news of theday or to students’ lives. Some pos-sibilities include banning smoking in restaurants or the establishmentof curfews for minors.Roles Nine justices, a plaintiff, adefendant, two special interest groups.Close After hearing presentationsfrom all parties, the justices will meetand render their judgment. They willpresent the majority opinion and,time permitting, may choose to alsopresent dissenting opinions.


Government Assessment RubricsClass Discussion, p. 26

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Background NoteConstitutional IssuesThe relatively obscure post of solicitorgeneral became the center of a contro-versy over executive privilege in 1973,when Solicitor General Robert Bork firedWatergate special prosecutor ArchibaldCox under orders from President Nixon.Cox, appointed by Attorney GeneralElliott Richardson to investigate analleged cover-up of Nixon’s involvementin the Watergate break-in, sued foraccess to private White House tapes.Nixon ordered Richardson to fire thespecial prosecutor. But in what becameknown as the “Saturday night mas-sacre,” Richardson and his deputyresigned, leaving the firing of Cox toBork, the number three official at theDepartment of Justice.

Chapter 18 • Section 3to a case can petition the Court to issue a writ.But, again, “cert” is granted in a limited numberof instances—typically, only when a petitionraises some important constitutional questionor a serious problem in the interpretation of astatute.

When certiorari is denied, the decision of thelower court stands in that particular case. Note,however, that the denial of cert is not a decisionon the merits of a case. All that a denial meansis that, for whatever reason, four or more jus-tices could not agree that the Supreme Courtshould accept that case for review.

A few cases do reach the Court in yet anotherway, by certificate. This process is used when alower court is not clear about the procedure orthe rule of law that should apply in a case. Thelower court asks the Supreme Court to certify theanswer to a specific question in the matter.

Most cases that reach the Court do so fromthe highest State courts and the federal courts ofappeals. A few do come, however, from the fed-eral district courts and a very few from theCourt of Appeals for the Armed Forces.

How the Court OperatesThe Court sits from the first Monday in Octoberto sometime the following June or July. Eachterm is identified by the year in which it began.Thus, the 2006 term ran from October 2, 2006,into the early summer of 2007.

Oral ArgumentsOnce the Supreme Court accepts a case, it sets adate on which that case will be heard. As a rule,the justices consider cases in two-week cyclesfrom October to early May. They hear oralarguments in several cases for two weeks; thenthe justices recess for two weeks to considerthose cases and handle other Court business.

While the Supreme Court is hearing oral argu-ments, it convenes at 10:00 A.M. on Mondays,Tuesdays, Wednesdays, and sometimes Thurs-days. At those public sessions, the lawyers maketheir oral arguments. Their presentations arealmost always limited to 30 minutes.15

BriefsBriefs are written documents filed with theCourt before oral arguments begin. These

detailed statements support one side of a case,presenting arguments built largely on relevantfacts and the citation of previous cases. Manybriefs run to hundreds of pages.

The Court may also receive amicus curiae(friend of the court) briefs. These are briefs filedby persons or groups who are not actual partiesto a case but who nonetheless have a substantialinterest in its outcome. Thus, for example, casesinvolving such highly charged matters as abor-tion or affirmative action regularly attract alarge number of amicus briefs. Notice, however,that these briefs can be filed only with theCourt’s permission or at its request.

The solicitor general, a principal officer inthe Department of Justice, is often called theFederal Government’s chief lawyer. He—and,certainly, one day she—represents the UnitedStates in all cases to which it is party in theSupreme Court and may appear for the gov-ernment in any federal or State court.16

The solicitor general also has another extra-ordinary responsibility. He or she decides whichcases the government should ask the SupremeCourt to review and what position the UnitedStates should take in those cases it brings beforethe High Court.

The Court in ConferenceOn most Wednesdays and Fridays through aterm, the justices meet in conference. There, inclosest secrecy, they consider the cases in whichthey have heard oral arguments.17

The Chief Justice presides over the confer-ence. He speaks first on each case to be consid-ered and usually indicates how he intends tovote. Then each associate justice summarizeshis or her views. Those presentations are madein order of seniority, with the justice mostrecently named to the Court speaking last.After the justices are “polled,” they usuallydebate the case.

15The justices usually listen closely to a lawyer’s oral arguments and sometimes interrupt them with questions orrequests for information. After 25 minutes, a white light comes onat the lectern from which the lawyer addresses the Court; five minutes later a red light signals the end of the presentation, even ifthe lawyer is in mid-sentence.

16The attorney general may argue the government’s positionbefore the Supreme Court but rarely does.

17At conference, the justices also decide which new cases theywill accept for decision.

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Answers to . . .

Section 3 Assessment1. (a) Both are means for a case froma lower court to reach the SupremeCourt. (b) A writ is requested byeither party in the case, while a certifi-cate is requested by the lower court.2. Majority: the actual decision on acase and the reasoning on which itwas based. Concurring: adds oremphasizes points; written by one ormore justices who agree with themajority opinion. Dissenting: writtenby justices who disagree with themajority opinion.3. (a) Precedents serve as examples forjustices to follow in similar cases. (b)Sample sentence: Marbury v. Madisonserved as a precedent for the use ofjudicial review by the Supreme Court.4. “Easy” cases involve simple pointsof law or their decisions are notappealed. The Supreme Court hearsonly those cases that it feels involvesignificant points of law or were notdecided properly in the lower court.5. Possible answer: Concurring anddissenting opinions are ways that allpoints of view can be expressed; infuture cases, they may form the basisfor majority opinions. This processsuggests that the U.S. judicial systemis flexible—always capable of review-ing and checking itself.6. It ensures that the judicial branchhas the authority to check the powerof Congress, by declaring acts ofCongress unconstitutional.

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Chapter 18 • Section 3assignment is handled by the senior associatejustice on the majority side.

The Court’s opinion is often called themajority opinion. Officially called the Opinionof the Court, it announces the Court’s decision in a case and sets out the reasoningon which it is based.18

The Court’s written opinions are exceed-ingly valuable. The majority opinions standas precedents, or examples to be followed insimilar cases as they arise in the lower courtsor reach the Supreme Court.

Often, one or more of the justices whoagree with the Court’s decision may write aconcurring opinion—to add or emphasize apoint that was not made in the majority opin-ion. The concurring opinions may bring theSupreme Court to modify its present stand infuture cases.

One or more dissenting opinions are oftenwritten by those justices who do not agree with

the Court’s majority decision. Chief JusticeCharles Evans Hughes once described dissentingopinions as “an appeal to the brooding spirit ofthe law, to the intelligence of a future day.” Onrare occasions, the Supreme Court does reverseitself. The minority opinion of today couldbecome the Court’s majority position in the future.

! Front row: Antonin Scalia, John Paul Stevens, Chief Justice William H. Rehnquist,Sandra Day O’Connor, Anthony Kennedy. Back Row: Ruth Bader Ginsburg, DavidSouter, Clarence Thomas, Stephen Breyer. In 2005, Justice O’Connor announced herretirement and Chief Justice Rehnquist passed away.

Key Terms and Main Ideas1. (a) What does a writ of certiorari have in common with a

certificate? (b) How do the two differ?2. (a) Why are precedents important? (b) Write a sentence

using the word precedent in a judicial context.3. Explain why “easy” cases generally do not reach the

Supreme Court.

Critical Thinking4. Drawing Conclusions Why do you think the Supreme

Court justices often write concurring and/or dissentingopinions in a case?

5. Determining Cause and Effect How does the Court’s power of judicial review affect the balance of power in theFederal Government?

About a third of all the Court’s decisions areunanimous, but most find the Court divided.The High Court is sometimes criticized for itssplit decisions. But, notice, its cases pose verydifficult questions, and many also present ques-tions on which lower courts have disagreed. Inshort, most of the Court’s cases are controversialones; the easy cases seldom get that far.

OpinionsIf the Chief Justice is in the majority on a case,he assigns the writing of the Court’s opinion.When the Chief Justice is in the minority, the

18Most majority opinions, and many concurring and dissentingopinions, run to dozens of pages. Some decisions are accompaniedby very brief and unsigned opinions. These per curiam (for the court)opinions seldom run more than a paragraph or two and usually dispose of relatively uncomplicated cases.

PHSchool.com

For: An activity on judicialreview

Web Code: mqd-5183


PHSchool.com



PHSchool.com


The Death Penalty

IssuesFace the

IssuesBackground The death penalty has a lengthy his-tory, and so does the controversy surrounding it. Thepunishment has been a part of American law since thecolonial period, and 38 States provide for it today. Morethan 1,000 persons have been executed in this countrysince the Supreme Court reinstated capital punishment in1976. Nearly 3,500 persons sit on death row in American prisons today.

End Capital Punishment A Legal and Appropriate Penalty

The United States is the only western democracy thatcontinues to allow the death penalty. Most executionstake place in only a handful of countries, among themChina, Iran, Saudi Arabia—and the United States.

“The death penalty is the ultimate cruel, unusualand degrading punishment,” says AmnestyInternational. “It violates the right to life.” Clearly,executions cannot be undone in cases of mistakenconviction—and the Death Penalty Information Centerreports more than 120 cases in which death rowinmates have been exonerated (released with evi-dence of innocence) over the past 30 years.

Many insist that the death penalty is not adminis-tered fairly in this country. Retired Supreme CourtJustice Sandra Day O’Connor recently put it this way:“If statistics are any indication, the system may wellbe allowing some innocent defendants to be execut-ed.” Many critics also stress the fact that, of all thosewho are sentenced to death, a disproportionatelylarge percentage of them are either poor or membersof minority groups, or both.

In the American federal system, each State candecide for itself whether to provide for capital pun-ishment or not. The Supreme Court has now severaltimes upheld the constitutionality of State deathpenalty laws.

Public opinion polls consistently show widespreadsupport for the punishment. Gallup has polled on thequestion for 70 years and has regularly found that amajority of the people—most recently, 74 percent ofthem—favor retention of the death penalty. Manysupport it because they believe that the existence ofthe penalty is, in itself, a deterrent to crime.

Clearly, the death penalty is the ultimate penalty;and, just as clearly, its use must be very closelyrestricted to protect the innocent and prevent wrong-ful convictions. The best remedies for whatever prob-lems exist in the administration of capital punish-ment should not be found in its abolition. They shouldbe found, instead, in the continuing improvement ofthe processes by which that ultimate penalty isimposed.

Young people protestcapital punishment

Exploring the Issues1. Do you agree with the claim that capital punishment "violatesthe right to life"? Why or why not?2. Do you agree with the claim that the existence of a deathpenalty law deters crime? Why or why not?

For more informationabout capital punishment

and the justice system,view “The Death Penalty.”

Face the

Video CollectionIssues

The Death PenaltyFocus Ask students how advances inscience have affected the U.S. justicesystem in the years since capitalpunishment was declared constitu-tional in 1976. Today, DNA evi-dence is used to help convict defen-dants of crimes as well as to freewrongly convicted people fromprison and death row. Ask studentsto think about the effects of DNAevidence as they read the argumentsfor and against capital punishment.Instruct Organize the class into twogroups, with one group discussing thearguments for capital punishmentand the other the arguments againstit. Encourage students to look at thepoints presented in the articles and tocome up with other arguments ontheir own. Have each group choosethree students to debate the issue andhave the class vote on which argu-ments they find more convincing.Close/Reteach Have students discussif they think the U.S. justice systemis fair and equitable to all defen-dants. Why or why not?

Answers to . . .Exploring the Issues1. Opinions will vary, but shouldbe supported with valid reasoning.Possible response: I believe thatcapital punishment does violate theright to life, but it is still an accept-able form of punishment if the per-son being put to death killedanother person. They violated thatperson’s right to life as well.2. Opinions will vary. Possibleanswer: It is unlikely that the deathpenalty deters crime because thoseviolating the law rarely considerthe possible consequences of theircrime beforehand.

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Face the

IssuesIssues

The Face the Issues VideoCollection illustrates currentdebates in American govern-ment through interviews andcase studies drawn from

today’s news. Use the Chapter 18 segment to explorethe controversy surrounding capital punishment in theStates.

Face the

Video CollectionIssues

MAG05_NA_TE_FTI_p523 1/5/06 4:03 PM Page 523

Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Ask students what thedifference is between a book aboutMars and a set of encyclopedias.Elicit that the book has a very narrowscope relative to the encyclopedias(although it goes into greater depthabout Mars). Explain that in thissection, students will read about thespecial courts, which have a verynarrow scope, or jurisdiction, com-pared with constitutional courts.Vocabulary Builder Ask studentswhat the difference is between acivilian tribunal and a courts-martial.When they meet these two terms in their reading, they should assesshow accurate their answer is.

The Special Courts4

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Consider these suggestions to manage extendedclass time:! Ask students to create a brochure on the special courts. Brochures should include a briefdescription of each special court’s function andits history, including changes in name. Encouragestudents to identify any famous or significantcases that originated in each court. They may goto the Magruder’s American Government Website at PHSchool.com for links.

! Explain that although the U.S. Court ofAppeals for the Armed Forces and the U.S.Court of Appeals for Veterans’ Claims soundsimilar, they serve different functions. Have stu-dents use material from this section and outsideresearch to write a summary contrasting theroles of each court. Encourage students to useactual cases brought before the courts to high-light the differences.


Lesson PlanTeaching the Main Ideas1. Focus Tell students that the specialcourts handle cases involving specificareas of the law relating to a few of theexpressed powers of Congress. Namethe courts and ask students to suggestthe typical case each might handle.2. Instruct Ask students which spe-cial court they would seek redress in ifthey believed they had a claim againsta Veterans Administration hospital.Then have students make up similarfictional cases and state their casesaloud. The class can then determinewhich court would hear the case.3. Close/Reteach Remind studentsthat Congress set up the special courtsto deal with some of the subjectscovered by the expressed powers ofCongress. Have them list each court,its function, and the congressionalpower to which it is related.

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The Special Courts

Objectives

1. Explain how a citizen may sue the government inthe Court of Federal Claims.

2. Examine the roles of the territorial courts and ofthe District of Columbia courts.

3. Contrast the functions of the Court of Appeals forthe Armed Forces and the Court of Appeals forVeterans Claims.

4. Explain what types of cases are brought to theTax Court.

Why It Matters

Over time, Congress has enlargedthe structure of the federal courtsystem by creating many specialcourts to handle cases that areoutside the mainstream judicialprocess. Each of these courts hasa very narrow jurisdiction.

PoliticalDictionary" redress" courts-martial" civilian tribunal

as legislative courts, were not established underArticle III, so they do not exercise the broad“judicial Power of the United States.” Rather,each has a very narrow jurisdiction.

The Court of Federal ClaimsThe United States government cannot be suedby anyone, in any court, for any reason, with-out its consent. The government may be takento court only in cases in which Congressdeclares that the United States is open to suit.19

Originally, a person with a claim against theUnited States could secure redress—satisfactionof a claim, payment—only by an act ofCongress. In 1855, however, Congress set upthe Court of Claims to hear such pleas.20 Thatbody became the United States Court ofFederal Claims in 1993.

The Court of Federal Claims is composedof 16 judges appointed by the President andapproved by the Senate for 15-year terms. They

RRecall that the federal court system is made upof two quite distinct types of courts. They

are: (1) the constitutional, or regular courts,which you have read about, and (2) the specialcourts, which you’ll now explore.

The special courts were created by Congressto hear certain cases involving the expressedpowers of Congress. These courts, also known

! A military commission at Guantanamo Naval Base in Cuba hears thecase against David Hicks, an Australian citizen. Classified as an “enemycombatant,” Hicks was captured while fighting with the Taliban inAfghanistan against U.S. and coalition troops.

19The government is shielded from suit by the doctrine of sover-eign immunity. The doctrine comes from an ancient principle ofEnglish public law summed up by the phrase: “The King can do nowrong.” The rule is not intended to protect public officials fromcharges of corruption or any other wrongdoing. Rather, it is intendedto prevent government from being hamstrung in its own courts.Congress has long since agreed to a long list of legitimate courtactions against the government.

20Congress acted under its expressed power to pay the debts ofthe United States, Article I, Section 8, Clause 1.


To make sure students understand the mainpoints of this section, you may wish to use thetree map graphic organizer to the right.

Tell students that a tree map shows a topic, itsmain ideas, and its supporting details. Havethem use the tree map to record all the courts,and their functions, that are part of the specialcourt system.



Reading StrategyQuestioningAsk students to read the section’stitle and headings and write a ques-tion about each. Have them look foranswers as they read.

Have students create a pyramid chartto illustrate the different levels of thefederal court system. They shouldlabel the top of the pyramid“Supreme Court” and complete therest of the chart with the appropriateinferior court labels at the lower lev-els. Ask students to indicate the juris-dictions for the courts at each level.Find space in the classroom to dis-play students’ work.SN

Have students select one of theinstances mentioned in the text inwhich military tribunals were estab-lished and used. Ask them to pre-pare a report on the circumstancessurrounding the use of military tri-bunals at the time and public reac-tion to the executive action.Encourage students to use a varietyof resources. Ask for volunteers topresent their findings to the class.GT





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Chapter 18 • Section 4hold trials throughout the country, hearingclaims for damages against the FederalGovernment. Those claims they uphold cannotin fact be paid until Congress appropriates themoney, which it does almost as a matter of stan-dard procedure. Appeals from the court’s deci-sions may be carried to the Court of Appeals forthe Federal Circuit.

Occasionally, those who lose in the ClaimsCourt still manage to win some compensation.Some years ago, a Puget Sound mink rancherlost a case in which he claimed that low-flyingNavy planes had frightened his animals andcaused several of the females to become sterile.He asked $100 per mink. He lost, but then hiscongressman introduced a private bill that even-tually paid him $10 for each animal.

The Territorial CourtsActing under its power to “make all needful Rulesand Regulations respecting the Territory . . .belonging to the United States,” Congress created courts for the nation’s territories. Thesecourts sit in the Virgin Islands, Guam, and theNorthern Marianas and function much like thelocal courts in the 50 States.

The District of Columbia CourtsActing under its power (Article I, Section 8,Clause 17) to “exercise exclusive Legislation inall Cases whatsoever, over such District . . . asmay . . . become the Seat of the Government ofthe United States,” Congress has set up a judicialsystem for the nation’s capital. Both the DistrictCourt and the Court of Appeals for the Districtof Columbia hear many local cases as well asthose they try as constitutional courts. Congresshas also established two local courts, much likethe courts in the States: a superior court, whichis the general trial court, and a court of appeals.

The Court of Appealsfor the Armed ForcesBeginning in 1789, Congress has created a sys-tem of military courts for each branch of thenation’s armed forces, as an exercise of itsexpressed power to “make Rules for the

Government and Regulation of the land andnaval forces.”21 These military courts—courts-martial—serve the special disciplinary needs ofthe armed forces and are not a part of the federalcourt system. Their judges, prosecutors, defenseattorneys, court reporters, and other personnelare all members of the military; most of them areofficers. They conduct trials of those membersof the military who are accused of violatingmilitary law. Today, the proceedings in a court-martial are very much like the trials held incivilian courts across the country.

In 1950, Congress created the Court ofMilitary Appeals, now titled the Court of Appealsfor the Armed Forces, to review the moreserious court-martial convictions of militarypersonnel. The Court of Appeals for theArmed Forces is a civilian tribunal, a courtoperating as part of the judicial branch,entirely separate from the military establish-ment. Its five judges—a chief judge and fourassociate judges—are appointed by thePresident and Senate to 15-year terms.

Appeals from the court’s decisions can, in alimited number of cases, be taken to theSupreme Court. It is, then, the court of lastresort in most cases that involve offenses againstmilitary law.

Military CommissionsThe Defense Department has created several

military commissions, courtlike boards of usuallyfive commissioned officers. These tribunals arenot a part of the courts-martial system. They are,instead, separate structures set up to try “enemycombatants,” including several hundred sus-pected terrorists captured by American forces inAfghanistan and Iraq.

Most of these suspects are presently held in amilitary prison at Guantanamo Bay, Cuba,where their trials were begun in 2004 and areexpected to continue for at least another year.Their ranks include several hundred alleged

21Article I, Section 8, Clause 14. This provision allows Congressto provide for the regulation of the conduct of members of thearmed forces under a separate, noncivil legal code. The present-day system of military justice has developed over more than 230years. Today, the Uniform Code of Military Justice, enacted byCongress in 1950, and the Military Justice Acts of 1968 and 1983are the principal statutes that set out the nation’s military law.

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Close Up on Primary SourcesCherokee Address to the AmericanPeople (1830), p. 36


Answers to . . .

Section 4 Assessment1. They each have jurisdiction overonly cases that pertain to very spe-cific subjects.2. Redress from a court means satis-fying a claim, usually by means of apayment.3. Military tribunals are court-likeboards set up to try “enemy combat-ants,” while courts-martial arecourts composed of military person-nel that try cases concerning viola-tion of military law.4. Congress5. Possible answers: Without specialcourts, cases could overload the reg-ular courts; Congress wanted courtswith special expertise.6. Answers will vary, but cases shouldall involve complaints against theFederal Government.7. Possible answer: To introduceimpartiality by having non-militarypersonnel review the appeal.


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is composed of a chief judge and up to six associate judges, all appointed by the Presidentand approved by the Senate to 15-year terms.

The court has the power to hear appealsfrom the decisions of an administrative agency,the Board of Veterans Appeals in theDepartment of Veterans Affairs (VA). Thus,this court hears cases in which individualsclaim that the VA has denied or otherwisemishandled valid claims for veterans’ benefits.Appeals from the decisions of the Court ofAppeals for Veterans Claims can be taken tothe Court of Appeals for the Federal Circuit.

The United States Tax CourtActing under its power to tax, Congress creat-ed the United States Tax Court in 1969 as "anindependent judicial body" in the legislativebranch. It is not, in fact, a part of the federalcourt system.22 The Tax Court has 19 judges,one of whom serves as chief judge. Each ofthese 19 judges is named by the President andthe Senate for a 15-year term. The Tax Courthears civil but not criminal cases involving dis-putes over the application of the tax laws.Most of its cases, then, are generated by theInternal Revenue Service and other TreasuryDepartment agencies. Its decisions may beappealed to the federal courts of appeals.

Key Terms and Main Ideas1. What does it mean to seek redress in a court?2. What is the difference between military tribunals and

courts-martial?3. Who created the special courts?

Critical Thinking4. Drawing Inferences Why do you think Congress has seen a

need to create special courts instead of sending all federalcases to the regular courts?

5. Expressing Problems Clearly Brainstorm a type of casethat a citizen might take to the U.S. Court of Federal Claims.Explain your reasoning.

6. Drawing Inferences Why, do you think, did Congressestablish a civilian tribunal to hear appeals of seriouscourts-martial convictions?

members of al Qaida and a number of other for-eigners said to have committed violent actsagainst the United States.

The President provided for the creation ofthese tribunals by executive order. His power todo so came from (1) his constitutional role ascommander in chief and (2) the fact that Congresshas authorized him to use “all necessary andappropriate force” to combat global terrorism.

Military tribunals have been established atvarious times in America’s past—most notablyduring the Mexican-American War, the CivilWar, and World War II. Until now, PresidentFranklin Roosevelt had created the most recentone, in 1942. It tried eight Nazi saboteurs, whowere landed on the East Coast by Germansubmarines. They had planned various acts ofsabotage aimed at the disruption of this nation’swar effort. All eight were convicted. Six wereexecuted; the other two, who had turned ontheir comrades and cooperated with the tri-bunal, were sentenced to long terms in prison.

The Court of Appealsfor Veterans ClaimsActing under its power (Article I, Section 8,Clause 9) to “constitute Tribunals inferior to thesupreme Court,” Congress created the Court ofVeterans Appeals in 1988 and changed its namein 1999 to the Court of Appeals for VeteransClaims. This newest court in the federal judiciary 22Article I, Section 8, Clause 1.

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For: An activity on U.S. Court ofAppeals for the Armed Forces

Web Code: mqd-5184


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on the Supreme Court

Many difficult questions concerning personal freedoms arise during national emergen-cies. When the survival of the nation is threatened, strong government action may benecessary to confront the threat. Such action might harm individuals or groups. Maygovernment impose limits on civil rights in case of emergencies?

Can Groups’ Liberties Be Limited During Wartime?

2. The military does not have the authority toregulate civilian conduct, and the Presidentcannot delegate that power to the militarywhen martial law has not been declared.

3. The order of exclusion created a classificationbased on race, in violation of the Constitution.

Arguments for the United States1. Although the relocation would not be proper in

peacetime, the danger of espionage and sabotagejustified this denial of liberty to American citi-zens under wartime circumstances.

2. Because war had been declared, the President hadthe authority as commander in chief to issue suchorders to the military.

3. The United States had been attacked by Japan,so it was logical that people of Japanese ancestrywere suspect. The decision to relocate peoplefrom sensitive military areas was based onsecurity concerns and not on racial prejudice.

on the Supreme Court

Decide for Yourself1. Review the constitutional grounds on which each

side based its arguments and the specific argu-ments each side presented.

2. Debate the opposing viewpoints presented in thiscase. Which viewpoint do you favor?

3. Predict the impact of the Court’s decision on dis-crimination based on race and national ancestryin the United States. (To read a summary of theCourt’s decision, turn to pages 799–806.)

Korematsu v. United States (1944)Japan’s attack on Pearl Harbor, Hawaii, onDecember 7, 1941, prompted widespread fear thatJapan might try to invade the West Coast, and thatpersons of Japanese ancestry living there might aidthe invasion. At that time, about 120,000 personsof Japanese descent lived in the West Coast States;some 70,000 of these were Nisei (native-bornAmerican citizens).

On February 19, 1942, President FranklinRoosevelt issued Executive Order No. 9066 autho-rizing the military to designate military areas and toexclude “any or all persons” from them. This orderwas intended to help protect the country from espi-onage or sabotage. Congress then passed a lawrequiring that all persons excluded from those mili-tary areas be sent to “war relocation camps” out-side the sensitive military areas.

On March 2, 1942, the general in charge of theWest Coast Defense Command issued the first of aseries of orders that identified the entire PacificCoast as Military Area No. 1. Soon, all persons ofJapanese descent were ordered out of that area.

Fred Korematsu, a native-born American citizen,refused to leave his home in San Leandro, across thebay from San Francisco. He was arrested, chargedwith failure to report for relocation, and convictedin federal district court. After losing in the court ofappeals, he appealed to the Supreme Court.

Arguments for Korematsu1. Executive Order 9066 denied Korematsu his

liberty without due process of law, in violationof the 5th Amendment.

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Use Web Code mqp-4147 to reg-ister your vote on this issue andto see how other students voted.

Can Groups’ Liberties BeLimited During Wartime? Focus Explain that the President’swartime powers have often been con-troversial. For example, during theCivil War, many objected to PresidentLincoln’s decision to suspend the writof habeas corpus, which guaranteesarrested persons a prompt court hear-ing on the legality of their arrest anddetention.Instruct Tell students that since WorldWar II Congress has passed two lawscompensating relocated JapaneseAmericans—a 1948 law that compen-sated for lost property, and a 1988law that paid each survivor $20,000.Close/Reteach Divide the class intosmall groups. Have each group pre-sent a skit about a JapaneseAmerican family’s reaction to therelocation order. The skit shouldaddress the arguments for andagainst relocation discussed in thefeature.

Have students access Web Codemqp-4147 to participate in an onlinestudent poll on the topic of thisdebate.

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Close Up on the Supreme Court Korematsu v.United States, p. 15, provides an activity toextend coverage of this case.

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www.closeup.org

Answers to . . .Decide for Yourself1. Korematsu cited the 5thAmendment in his argument that“war relocation camps” wereunconstitutional. The UnitedStates cited the President’s autho-rity as commander in chief and the wartime circumstances in itsargument that Executive OrderNo. 9066 was constitutional.2. Answers will vary, but shouldbe supported with valid reasoning.3. The Court ruled in favor of theUnited States, citing wartime condi-tions. This case was revisited overthe years, however, and Korematsu’sconviction was overturned in 1983.

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AssessmentPracticing the Vocabulary1. concurrent jurisdiction2. civilian tribunal3. majority opinion4. docket5. plaintiff6. precedent7. court-martial8. civil case9. redress10. writ of certiorari11. inferior courts12. concurring opinion

Reviewing Main IdeasSection 113. They believed the new governmentneeded a way to enforce its laws in auniform way across the nation. 14. Possible answers: It creates theSupreme Court; it creates the inferiorcourts; it gives the federal courtsjurisdiction over special cases.15. State courts.16. The President nominates federaljudges and the Senate confirms theappointments. For most federaljudges, the President bases his nomi-nations on the advice of the Senate.

Section 217. (a) The district courts have originaljurisdiction over most cases, while theappeals courts have only appellatejurisdiction. (b) They handle nearlyall cases tried in the federal courts,with the exception of special courtcases.18. Congress created the courts ofappeals.19. A circuit is one of 12 geographicareas of the United States that has itsown court of appeals.20. Most come from the districtcourts.21. It has nationwide jurisdiction.

Section 322. (a) Judicial review is vital becauseit serves as a check on actions takenby all three branches of government.(b) Marbury v. Madison.23. (a) The Supreme Court has bothoriginal and appellate jurisdiction.(b) Most of the cases the SupremeCourt accepts are appeal cases fromthe highest State courts and the fed-eral courts of appeals.24. The “rule of four” means that four

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of the nine justices must agree toput a case on the Supreme Court’sdocket before the case is heard.25. The decision of the lowercourt stands.26. Lawyers from both sides ofthe case present oral argumentsin public sessions. Each lawyerhas 30 minutes to present his orher side, and typically focuses onthe major points made in writtenbriefs.

Section 427. (a) Congress. (b) They arecreated to address cases thatinvolve only certain expressedpowers of Congress.28. A citizen can sue the UnitedStates only if Congress hasdeclared that the United Statesis open to suit. In that case, thecitizen takes his or her plea tothe Court of Federal Claims.

29. This court hears appealsfrom the decisions made by theDepartment of Veterans Affairs.In such cases an individualclaims that the VA has denied ormishandled claims for veterans’benefits.

Section 1 13. Why did the Framers see a need for a national judiciary?14. Identify two provisions that the Constitution makes regarding

the federal courts and their jurisdictions.15. Which courts hear most of the cases in this country, the State

courts or the federal courts?16. Describe the process by which most federal judges are

nominated and approved.

Section 2 17. (a) What jurisdiction do the inferior courts have? (b) What

kinds of cases do they hear?18. When the Supreme Court’s docket became overloaded in the

late 1800s, what did Congress do to ease the burden?19. In the federal judicial system, what is a circuit?20. Where do most of the cases that reach the federal courts of

appeals come from?21. How does the Court of Appeals for the Federal Circuit differ

from other federal courts of appeals?

Section 3 22. (a) Why is it so important for courts to have the power of

judicial review? (b) What famous court case established theSupreme Court’s right to exercise the power of judicialreview?

23. (a) What kinds of jurisdiction does the Supreme Court have?(b) What kind of cases does it usually accept?

24. What is the “rule of four”?25. If the Supreme Court decides not to hear a case, what then

becomes the final result (decision) in that case?26. Describe how oral arguments are presented before the

Supreme Court.

Section 4 27. (a) Who creates the special courts? (b) Why have they been

created?28. Under what circumstances can an American citizen sue the

United States?29. What kind of claims are heard by the Court of Appeals for

Veterans Claims?

inferior courts (p. 507)jurisdiction (p. 508)exclusive jurisdiction (p. 508)concurrent jurisdiction (p. 508)plaintiff (p. 509)defendant (p. 509)original jurisdiction (p. 509)

appellate jurisdiction (p. 509)criminal case (p. 513)civil case (p. 513)docket (p. 513)writ of certiorari (p. 520)certificate (p. 521)majority opinion (p. 522)

precedent (p. 522)concurring opinion (p. 522)dissenting opinion (p. 522)redress (p. 524)civilian tribunal (p. 525)court-martial (p. 525)

Political Dictionary

Practicing the Vocabulary

Reviewing Main Ideas

Matching Choose a term from the list above that best matcheseach description.

1. Jurisdiction shared by a State court and a federal court2. A court made up of non-military judges3. The Supreme Court’s official decision of a case4. A court’s caseload5. A person who initiated a lawsuit6. An example to follow in similar cases in the future7. A court of military personnel, used to try those accused of

violating military law

Fill in the Blank Choose a term from the list above that bestcompletes the sentence.

8. A ________ would be filed in a claim of patent infringement.9. Satisfaction of a legal claim is called________.

10. The Supreme Court issues a ________ when a case relatesto the interpretation of law.

11. The Constitution left the creation of the ________ to Congress.12. A Supreme Court justice may choose to write a ________ if

he or she believes that a point in the Court’s opinion needsadditional emphasis.

AssessmentAssessment

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Critical Thinking Skills30. Answers will vary.31. Possible answer: If either theexecutive or legislative branch hadthe sole power to appoint a judge,the other branch would always sus-pect a lack of impartiality and wouldnot support the work of the judge.32. Possible answer: The justices mayhave agreed with the decision oflower court on the case they denied,but not agreed with the decision ofthe lower court on the later case—even though the cases were similar.

Analyzing Political Cartoons33. (a) Franklin D. Roosevelt (b)Congress (c) by the compass34. Possible answer: Disapproves;the cartoonist depicts FDR as atyrannical leader who wants tochange the system because he can’tget his own way.

You Can Make a DifferenceProposals will vary, but subjectsshould be relevant and indicate anunderstanding of investigative tech-niques.

Participation Activities35. Panel debate should be well rea-soned and make use of relevantdetails from the chosen case.Decisions should be based on thepanel discussion and should bebacked up by clear arguments.36. Time lines should be accurateand include all relevant dates andpeople.37. Answers will vary, but shouldreflect an understanding thatPresidents try to choose judges whoagree with their own views, as judges can serve for many years.

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Guide to the Essentials ofAmerican Government Chapter

18 Test, page 101 provides multiple-choice questions to test students’knowledge of the chapter.

ExamView ® Test Bank CD-ROMChapter 18 Test

Chapter Tests Chapter Testsbooklet

Additional support materials and activities for Chapter 18of Magruder’s American Government can be found in theSocial Studies area at the Prentice Hall School Web site.PHSchool.com

Participation Activities35. Current Events Watch Find news reports of a recent

major decision by the Supreme Court. Form a mock panel ofjustices and deliberate on the case, using detailed accountsof the case. When your panel reaches a decision, identify thearguments that most influenced you, and explain why yourgroup agreed or disagreed with the Court.

36. Graphing Activity Construct a time line showing thedates when each of the current Supreme Court justices wasappointed to the bench. Make a second time line showing thePresidents during that time span. Compare the two to seewhich President appointed each justice and who appointed themajority of the present-day Court.

37. It’s Your Turn A justice of the Supreme Court hasannounced her retirement, giving you, the President, theopportunity to nominate someone to fill that seat. List fivefactors that might influence your choice of a nominee.

33. In 1937, President Roosevelt proposed a law that would haveallowed him to appoint as many as six new justices to theSupreme Court. He was widely criticized for trying to “pack thecourt” with judges favorable to his New Deal programs. (a)Who is the captain of the ship? (b) Who does the smallersailor represent? (c) How is the Supreme Court represented?

34. Does the cartoonist approve of FDR’s plan? Explain.

Investigative reporters look into many different kinds of matters, from political scandals to questions of con-sumer health and safety. Probably you have seen theirreports on television or in newspaper articles. Reportersoften uncover issues that make people think “some-thing should be done.”

Identify a problem or issue involving people whomyou think are being treated unfairly. Write a proposal foran investigative report that would track down the truthabout this issue. In your proposal, clearly identify theissue. Explain what you expect to find out in your invest-igation. List the types of people and organizations, gov-ernmental or private, you plan to contact, and why. Writea concluding statement suggesting what type of courtmight hear a case resulting from your investigation.

You Can Make a DifferenceCritical Thinking Skills30. Face the Issues On several occasions, courts have ruled

that capital punishment in different States is unconstitutional.Do you believe courts have the right to decide this issue, ordo you believe voters and the legislature should have the finalsay on capital punishment? Explain your reasoning.

31. Drawing Inferences Why did the Framers create a systemof appointing judges that required cooperation between thePresident and the Senate?

32. Making Decisions Occasionally the Supreme Courtrefuses to hear a certain case, then later agrees to hear avery similar case. Why might the Court decide to hear thelater case?

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For: Chapter 18 Self-TestVisit: PHSchool.comWeb Code: mqa-5185

As a final review, take the Magruder’s Chapter 18 Self-Testand receive immediate feedback on your answers. Thetest consists of 20 multiple-choice questions designed totest your understanding of the chapter content.

Analyzing Political CartoonsUsing your knowledge of American government and this cartoon,answer the questions below.

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chapter co 1/5/06 2:46 pm page 504 18 chapter 18 the

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