FINISH THIS PAPER
WRITER, PLEASE FINISH THIS PAPER — A REVIEW OF THE U.S. FEDERAL COURTS
Adapted from
Gilbert Law Summaries: Federal Courts
(William A. Fletcher & James E. Pfander 5th Edition)
HISTORY OF ARTICLE III COURTS: Chapter 1
The “judiciary article” is the seminal act that created the Supreme Court, but Article III merely gave congress the power to created inferior courts. The 1st Congress then convened one year after the Adoption of the U.S. Constitution. The first congress there at that convening decided to create inferior courts using the authority of Article III of the U.S. Constitution. They enacted the Judiciary Act of 1789 and this act is the foundation of the current federal court system today. The inferior courts that were established the Circuit and District Courts. The jurisdiction of these is determined by Diversity Jurisdiction, Removal Jurisdiction over Diversity cases and Admiralty jurisdiction. In addition, there is No General original federal question jurisdiction. The Supreme Court Justices before the creation of the Federal Courts would travel circuits hearing cases. After the creation of the courts inferior to the Supreme Court the Supreme Court justices were relieved of the responsibility and the was given to the Circuit Court. The District Court and the Circuit Courts had original jurisdiction, although only the Circuit Court and the Supreme Court retained Appellate Jurisdiction.
CIVIL WAR AMMENDMENTS
The federal courts remained relatively unchanged until the Civil War brought about the Civil War Amendments which were the 13t (Abolition of Slavery and Involuntary Servitude), 14th (Equal Protection Under the Law) and 15th (The Right to Vote of Every Citizen) to the U.S. Constitution. These amendments released new powers to the U.S. Congress, and they moved quickly to exercise their new powers to by “appropriate legislation”.
THE CIVIL RIGHTS ACT OF 1871
The enacted the Civil Rights Act of 1871 was a result of Congresses implanted their new powers under the Civil War Amendments. Section 1 importantly Prohibited anyone from acting “under color of authority” of state law from violating the rights given the people in the 13th Amendment.
ARTICLE I COURTS
also in addition to the article 3 general courts Congers is also given the authority to establish special lies courts these courts are called article 1 courts and they consist of territorial courts District of Columbia courts Court of Federal claims court of customs and patent appeals and the tax court also crowns has created some nine article 3 tribunals to act as adjuncts to article 3 courts they are referred to as article 1 courts and sometimes is adjunct courts. Some adjunct courts are the bankruptcy courts and federal magistrates who handle much of the work of the US district for US district judges.
CASE OF CONTROVERSY REQUIREMENT: Chapter 2
in chapter 2 of Gilbert Law summaries federal courts addresses case or controversy and just take a bill of the requirements for case. Under article 3 of the Constitution tuition judicial review is exercised by courts of limited competence the court are enabled to review unconstitutional acts of the other two branches of the federal government with a have only a limited ability to do so and is called the adjusted justiciability doctrine and the area advisory opinions there can be no fading cases where the motions on cases are right the mootness cases and the standing of cases and also regarding their ability to decide political questions.
THE SUPREME COURT SCOPE OF JUDICIAL REVIEW
the Supreme Court uses its power of judicial review to declare acts of Congress unconstitutional to declare state statutes unconstitutional to substitute its constitutional judgment for that of the president and order the president to perform acts that the president claims are constitutionally privileged and order state officers to perform asked that the court has concluded are required by the Constitution.(See page 14 Gilberts Law summaries chart). Case or Controversy mainly means that any case presented to the court must be presented in a judicially cognizable dispute. It cannot be a test case it cannot be a hypothetical case. However, the justiciability doctrine and the case or controversy doctrine are limits to article 3 courts but article 1 federal courts such as tribunals sometime called legislative courts since they are established outside of article 3 of the Constitution are not prohibited from providing advisory opinions. State courts are also not created in the article 3 of the federal Constitution they are created under the authority of state constitutions and are not bound by the case or controversy limitations. Some states do not permit their courts to issue advisory opinions on certain occasions to the legislature or to the governor of that state.
CONGRESSIONAL POWER OVER FEDERAL COURTS: Chapter 3
The Madisonian Compromise gave Congress the power to create or not create federal courts. Apparently, Congress used this power to create inferior Federal Courts (Article I) and the Supreme Court (Article 3). Congress also has power to regulate the jurisdiction of the Federal Courts and the Appellate Bodies.(Paraphrase adapted from Pg 54 paragraph 3 of the text)
SUPREME COURT JURISDICTION: Chapter 4
The Supreme Court has both Appellate and Original Jurisdiction. However; in most cases they can choose which issues they would like to take up by a grant of Certiorari. But, in some cases the Supreme Court is obligated to take the case, when one of the Fifty States sues another State. While the Appellate cases are limited to Federal Question, the supreme court can review decision of the State Courts unless the case has “independent and adequate state ground”.
DISTRICT COURT SUBJECT MATTER JURISDICTION Chapter 5
The District Courts have Original Jurisdiction and are the Trial Court of cases involving Federal Questions. For this reason some cases are able to be removed to the local U.S. District Court from the state courts.
PENDANT AND ANCILLARY JURIDICTION:
REMOVAL JURIDICITON:
VENUE:
FORUM NON CONVENIENS:
LAW APPLIED TO THE FEDERAL COURT: (including Erie Doctrine)
FEDERAL LAW IN THE STATE COURTS:
ABSTENTION:
HABEAS CORPUS FOR STATE PRISONERS:
ELEVENTH AMENDMENT: FEDERAL INJUNCTIONS AGAINST STATE COURT PROCEEDINGS:
Federal Courts
Student:
Institution:
Federal Courts
The federal courts consist of three major court systems which include the circuit courts, the Supreme Court and the federal court system. The United States courts are vital and necessary in dealing with different types of cases. The courts are operated with a higher level of fairness and impartial justice following the constitution. Federal courts promote justice through meeting the needs of local state members and those at the national level. The paper is a review of the United States federal courts.
HISTORY OF ARTICLE III COURTS: Chapter 1
History of article III courts involves the origin of various courts whereby article three developed the judicial branch of government which includes the Supreme Court. The Supreme Court interprets the laws of the United States. The Supreme Court consists of the judicial power where an inferior court is decided upon or established by congress. The framer’s various expectations such as the Supreme Court being different and separate from the legislature and the president. The main focus of article III is the state courts which closely interact with people where the congress did not need to set up the inferior federal courts. Article III sets up the Supreme Court but has no information about the courts of appeal or trial courts.
The role of the Supreme Court has changed over time where federal laws have increased where before legal actions were in the state courts therefore the Supreme Court had fewer questions to answer compared to now. For instance laws about the due process, freedom of speech, intellectual property and many others. According to Article III section 1, judges of both the inferior courts and supreme courts are expected to maintain their offices in good behaviors. The Supreme Court exercises the power of judicial reviews, for example, the legislators and executive actions and the actions are considered unconstitutional although there were lots of arguments. Still, it is the mandate of the Supreme Court to have the power of judicial review according to the consensus.
The civil war amendments did not bring much difference in the federal courts and the Supreme Court. Republicans aimed at looking down upon the Supreme Court as well as hostility driven towards the judicial power was there before and after the civil war. The inferior federal courts were denied a chance on disloyalty, military government, confiscation, and emancipation. The constitutional results brought about by the ci war was the establishment of the thirteenth, fourteenth and fifteenth amendment.
The thirteenth amendment discouraged slavery where the court concluded that slaves were properties therefore respected and not taken away from their countries according to the due process. The fourteenth amendment gave rights to all American citizens regardless of race or color the right to privileges as well as the equal protection law. The fifteenth amendment prohibited discrimination of persons based on race, color or ethnicity. The amendments brought about war especially the thirteenth amendment which fuelled the situation leading to civil war. The war brought about changes in the constitution.
THE CIVIL RIGHTS ACT OF 1871 was established to protect the black community from violence as well as relieve the circuit court from cases of violence. Ethnic violence against blacks especially the southern blacks were considered during enforcement of the fourteenth amendment of equal protection. The act is also known as the “Ku Klux Klan Act” that protected slaves, defined citizenship, provided due process together wit offered equal protection. The act gave authority to the president on cases that denied individuals of equal protection through the deployment of militaries involved or suspension. The act fought for equality through interest and welfare to all but not to a certain class of people.
ARTICLE I COURTS were primarily constructed by the legislature, for instance, article 1 tribunal which is a federal court established by the United States constitution. Article 1 courts are also known as legislative courts which are more independent compared to the executive. Article 1 courts are different from article III courts especially on responsibilities and treatment of judges. Article 1 courts judges are offered protection but not equal to that of Article III. Additionally, article 1 courts judges have fewer salaries and reduced life tenure compared to article III.
Article 1 courts were formed for sovereignty in respect of the united states territory. The courts are not part of the judicial power or rather are not constitutional but territorial courts that examine cases concerning the government and others which do not require jurisdiction for instance cases concerning public lands. Some of the courts related to article 1 courts involve military courts and consular courts. The united states article 1 courts include the tax court, military commission court, the court of federal claims, the united states bankruptcy court and the court of armed forces.
A CASE OF CONTROVERSY REQUIREMENT: Chapter 2
Abuse and ignorance of judicial power was a major concern to the founders of federal courts. Therefore limitations were put in place on cases and controversies especially cases arising under the constitution. The3 primary objective of founders was to solve conflicts arising in a judicial way rather than judges changing the law and constitution. The cases and controversies proposed were divided into nine classes and later divided into two groups. The first group involved cases that depend on the behavior of the cause which involved all cases and controversies on equity originating from United States laws and constitution.
The second group involves cases depending on the class of parties involved in instancing controversies between states or between citizens. In case of a controversy involving states or citizens, the parties are allowed to attend the court of a union. The cases show the extent and ability of the federal courts to exercise judicial power towards the cases. In controversies, judicial power is exercised only after the party involved confirms their rights in the constitution or laws. In case the cases act under the constitutional laws therefore the court exercises judicial power, as well as adjudication, takes place.
Additionally, a controversy is supposed to have legal interests where it takes an expert attorney to notice. In cases of adverse litigants, the parties are Helped to come into a mutual agreement after looking into the constitution. The litigants are therefore supposed to have questions of interest concerning a matter by determining whether the question or the case is constitutional or not.
THE SUPREME COURT SCOPE OF JUDICIAL REVIEW
Supreme Court’s most important power is that of judicial review which includes the power to declare law and constitution especially invalidating the actions of the legislature and executive of both federal and state governments. The Supreme Court has no power to review the inferior court’s decisions but applies the judicial power to review instances of more than laws. Additionally, the supreme court has the power to review congressional laws where the supreme court since the high court is responsible for affirming the validity of laws but does not happen often because the supreme court overrules the congress frequently. Secondly, the court is responsible for overturning the state action for instance laws passes by the state concerning various fields such as police department, the power to alter the state laws originate from the constitution supremacy clause. The Supreme Court reviews the actions of the federal bureaucratic agencies as well as presidential actions. The Supreme Court has the power to review and defer with the president’s decisions especially on areas concerning national security. For instance, the court overturned during the US versus Nixon where the court declined presidential executive privilege as well as denying the president power over habeas corpus to terrorists.
The power of judicial review comes from the Supreme Court which occurred during the case of Marbury vs. Madison where after the case the high court acquired the power to decline and review executive actions according to the judicial act of 1789. Madbury as an official appointed by the president was declined a chance to get official commission by Madison the secretary of states. Madbury went ahead and took the case to the supreme court according to the judiciary act of 1789. The court ruled that mad bury had the right to commission but the law authorizing was unconstitutional.
CONGRESSIONAL POWER OVER FEDERAL COURTS: Chapter 3
Congress has a higher authority compared to the federal courts especially in regulating administration, jurisdiction in court as well as the structure. Congress uses authority to affect the outcome of certain cases and controversies for instances on cases involving abortion, freedom of worship, inmate’s rights and gay marriage. Congress can limit jurisdiction over various cases known as court stripping more so the congress have regulations towards litigants as well as legislate judicial decisions. Congress has authority over executive and judiciary as well as make laws in the United States. Congress is above the federal courts in making decisions where the in case of a meeting, the congress decides on when and time suitable for the meeting.
The congress has the authority to create various courts such as the district court and other inferior courts through determining location as well as the required judges. Additionally, federal courts get their funding from congress such as judicial salaries. According to the judiciary act 1789, Congress gave federal courts powers to establish rules used in courts as well as rules of civil procedures, bankruptcy, and shreds of evidence. The congress has no limitation to authority for example in making regulations for the Supreme Court jurisdiction but not allowed to exercise excess power that violates and undermines the courts.
SUPREME COURT JURISDICTION: Chapter 4
According to Article III section 2, the powers are distributed by the constitution between the appellate and the original jurisdiction. According to the judiciary act of 1789, congress appointed the Supreme Court to deal with cases concerning states as well as government officials such as ambassadors in the supreme court’s original jurisdiction. The appellate jurisdiction is concerned with cases originating from a lower court in cases where one or both of the parties are not satisfied with the inferior court ruling. The Supreme Court listens to cases if the issue involves the violation of one party’s rights according to the constitution or involves the application of laws. Judges in the Supreme Court may, however, affirm the decision of the lower court or taken back to the inferior court.
DISTRICT COURT SUBJECT MATTER JURISDICTION Chapter 5
District courts have the original jurisdiction on all civil actions arising over the constitution of the United States laws. The district court is granted jurisdiction on actions with basic conditions and controversies. District courts are established for subject matter jurisdiction for instance cases of bankruptcy as well as cases involving a tax on international trade and the federal government.
To sum up, courts in the federal system operate differently, especially where the courts only listen to cases authorized by the federal statute. The United States courts were formed under article III of the constitution with the primary aim of administering fairness and justice to citizens. The Supreme Court also is known as the high court is the high ranked court while the rest of the courts are considered inferior. The Supreme Court, however, has no power over congress because congress has the authority to make decisions concerning jurisdiction as well as regulations. Various courts in the United States have different jurisdiction, for instance, some courts have original jurisdiction others the appellate jurisdiction and some deal with only subject matter cases.
Reference
Fletcher W, Pfander J, Pfander J. Gilbert Law Summaries On Federal Courts, 5Th. St. Paul: West Academic; 2013.
