Federal courts deal with only a few types of cases: cases that deal with the constitutionality of a law; cases involving the laws and treaties of the US; Ambassadors and Public Ministers; disputes between two or more states; Admiralty Law; and Bankruptcy.
Due to federalism, both the federal government and each of the state governments have their own court systems. Most judicial cases go through state courts.
The courts do not make the laws. That is the responsibility of Congress. Nor do the courts have the power to enforce the laws. That is the role of the President and the many executive branch departments and agencies.
Article III, Section 1 of the Constitution specifically creates the US Supreme Court and gives Congress the authority to create the lower federal courts. It states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office, during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office.
Congress has established the 13 US Courts of Appeal, the 94 US District Courts, the US Court of Claims, the US Court of International Trade, and US Bankruptcy Courts. Magistrate Judges handle some District Court matters.
There is at least one District Court in each state, the District of Columbia, and Puerto Rico. Three territories - the Virgin Islands, Guam, and the northern Mariana Islands - also have District Courts.
There are two kinds of courts in the federal court system: the trial court and the appellate court. The trial court’s basic function is to resolve disputes by determining the facts and applying legal principles. The appellate court’s task is to determine whether the law was applied correctly in the trial court.
Within limits set by Congress and the Constitution, the District Courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.
District courts are trial courts. Arguments are presented and the judge makes a ruling based on the Constitution, the Amendments, and Federal Laws related to this issue. The losing side can appeal this decision in a Court of Appeal.
An appellate court does not retry a case. The appellate judge reads the case that was presented in the district court and determines if the judge made the correct decision. The sides can present an argument. The judge has the power to reverse (overturn) the decision made by the district judge. A district judge, whose decisions are reversed often, may end up getting impeached.
If the appellate judge agrees with the decision, the losing side has one more option - to appeal to the Supreme Court. But, the Supreme Court is not obligated to hear the case.
The Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and with certain guidelines established by Congress, the Supreme Court, each year, hears a limited number of cases. Cases may begin in the federal or state courts.
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Here is something that may interest you: Judicial Retention.
ReplyDeleteAs you've pointed out, federal judges are appointed by the President (with consent of the Senate). Most are appointments are selected from lower federal courts or even state courts.
In states with retention, judges do not run for election, but rather retention and unopposed. This means there is a one name on the ballot for this position and a yes/no beside their name. Most people have no idea what they are voting in these instances, and usually do not know anything about the person anyway.
Some states allow for a loop-hole. When a judge leaves the office, it would require an election. But the loop-hole is if the judge waits until after the election to leave office, his succesor is appointed by a panel of his peers until the next election. At that time, this new judge then runs for retention - unopposed!
We potentially have judges that have never been duely elected (and never had to defend their judicial record) being appointed to federal courts, up to the Supreme Court!
I just learned something. Here in Florida, judges are "elected" but appear to always run unopposed. The question is always, Should we retain-----? Obviously, that is what you are talking about.
ReplyDeleteEvery now and then, something comes out about a judge and the "word gets out" that we have to get rid of him - but that is always the exception to the rule.
Of course, my focus was on the federal courts. I will be discussing state sovereignty and power after I finish the topics I want to cover on the federal government.
Individual state judicial systems might be an interesting topic to look at - generally showing the different types of systems states may use.