and created federal courts for each district. From that beginning has
evolved the present structure: the Supreme Court, 11 courts of appeals, 91
district courts, and three courts of special jurisdiction. Congress today
retains the power to create and abolish federal courts, as well as to
determine the number of judges in the federal judiciary system. It cannot,
however, abolish the Supreme Court.
The judicial power extends to cases arising under the Constitution; laws
and treaties of the United States; admiralty and maritime cases; cases
affecting ambassadors, ministers and consuls of foreign countries in the
United States; controversies in which the U.S. government is a party; and
controversies between states (or their citizens) and foreign nations (or
their citizens or subjects). The 11th Amendment removed from federal
jurisdiction cases in which citizens of one state were the plaintiffs and
the government of another state was the defendant. It did not disturb
federal jurisdiction in cases in which a state government is a plaintiff
and a citizen of another state the defendant.
The power of the federal courts extends both to civil actions for
damages and other redress, and to criminal cases arising under federal law.
Article III has resulted in a complex set of relationships between state
and federal courts. Ordinarily, federal courts do not hear cases arising
under the laws of individual states. However, some cases over which federal
courts have jurisdiction may also be heard and decided by state courts.
Both court systems thus have exclusive jurisdiction in some areas and
concurrent jurisdiction in others.
The Constitution safeguards judicial independence by providing that
federal judges shall hold office "during good behavior"—in practice, until
they die, retire or resign, although a judge who commits an offense while
in office may be impeached in the same way as the president or other
officials of the federal government. U.S. judges are appointed by the
president and confirmed by the Senate. Congress also determines the pay
scale of judges.
THE SUPREME COURT
The Supreme Court is the highest court of the United States, and the only
one specifically created by the Constitution. A decision of the Supreme
Court cannot be appealed to any other court. Congress has the power to fix
the number of judges sitting on the Court and, within limits, decide what
kind of cases it may hear, but it cannot change the powers given to the
Supreme Court by the Constitution itself.
The Constitution is silent on the qualifications for judges. There is no
requirement that judges be lawyers, although, in fact, all federal judges
and Supreme Court justices have been members of the bar.
Since the creation of the Supreme Court almost 200 years ago, there have
been slightly more than 100 justices. The original Court consisted of a
chief justice and five associate justices. For the next 80 years, the
number of justices varied until, in 1869, the complement was fixed at one
chief justice and eight associates. The chief justice is the executive
officer of the Court but, in deciding cases, has only one vote, as do the
associate justices.
The Supreme Court has original jurisdiction in only two kinds of cases:
those involving foreign dignitaries and those in which a state is a party.
All other cases reach the Court on appeal from lower courts.
Of the several thousand cases filed annually, the Court usually hears
only about 150. Most of the cases involve interpretation of the law or of
the intent of Congress in passing a piece of legislation. A significant
amount of the work of the Supreme Court, however, consists of determining
whether legislation or executive acts conform to the Constitution. This
power of judicial review is not specifically provided for by the
Constitution. Rather, it is doctrine inferred by the Court from its reading
of the Constitution, and forcefully stated in the landmark Marbury vs.
Madison case of 1803. In its decision in that case, the Court held that "a
legislative act contrary to the Constitution is not law," and further
observed that "it is emphatically the province and duty of the judicial
department to say what the law is." The doctrine has also been extended to
cover the activities of state and local governments.
Decisions of the Court need not be unanimous; a simple majority
prevails, provided at least six justices—the legal quorum—participate in
the decision. In split decisions, the Court usually issues a majority and a
minority—or dissenting—opinion, both of which may form the basis for future
decisions by the Court. Often justices will write separate concurring
opinions when they agree with a decision, but for reasons other than those
cited by the majority.
COURTS OF APPEALS AND DISTRICT COURTS
The second highest level of the federal judiciary is made up of the courts
of appeals, created in 1891 to facilitate the disposition of cases and ease
the burden on the Supreme Court. The United States is divided into 11
separate appeals regions, each served by a court of appeals with from three
to 15 sitting judges.
The courts of appeals review decisions of the district courts (trial
courts with federal jurisdiction) within their areas. They are also
empowered to review orders of the independent regulatory agencies, such as
the Federal Trade Commission, in cases where the internal review mechanisms
of the agencies have been exhausted and there still exists substantial
disagreement over legal points.
Below the courts of appeals are the district courts. The 50 states are
divided into 89 districts so that litigants may have a trial within easy
reach. Additionally, there is one in the District of Columbia and one in
the Commonwealth of Puerto Rico, not a state of the union, but part of the
United States. From one to 27 judges sit in each of the district courts.
Depending on case load, a judge from one district may temp!) rarity sit in
another district. Congress fixes the boundaries of the districts according
to population, size and volume of work. Some of the smaller states
constitute a district by themselves. while the larger states, such as New
York, California and Texas, have four districts each.
Except in the District of Columbia, judges must be residents of the
district in which they permanently serve. District courts hold their
sessions at periodic intervals in different cities of the district.
Most cases and controversies heard by these courts involve federal
offenses such as misuse of the mails, theft of federal property, and
violations of pure food, banking and counterfeiting laws. These are the
only federal courts where grand juries indict those accused of crimes, and
juries decide the cases.
SPECIAL COURTS
In addition to the federal courts of general jurisdiction, it has been
necessary from time to time to set up courts for special purposes. These
are known as "legislative" courts because they were created by
congressional action. Judges in these courts, like their peers in other
federal courts, are appointed for life terms by the president, with Senate
approval.
Perhaps the most important of these special courts is the Court of
Claims, established in 1855 to render judgment on monetary claims against
the United States. Other special courts include the Customs Court, which
has exclusive jurisdiction over civil actions involving taxes or quotas on
imported goods, and the Court of Customs and Patent Appeals which hears
appellate motions from decisions of the Customs Court and the U.S. Patent
Office.
Conclusion
Although the Constitution has changed in many aspects since it was first
adopted, its basic principles remain the same now as in 1789:
— The three main branches of government are separate and distinct from one
another. The powers given to each are delicately balanced by the powers of
the other two. Each branch serves as a check on potential excesses of the
others.
— The Constitution, together with laws passed according to its provisions,
and treaties entered into by the president and approved by the Senate,
stands above all other laws, executive acts and regulations.
— All persons are equal before the law and are equally entitled to its
protection. All states are equal, and none can receive special treatment
from the federal government. Within
the limits of the Constitution, each state must recognize and respect the
laws of the others. State governments, like the federal government, must be
democratic in form, with final authority resting with the people.
— The people have the right to change their form of national government by
legal means defined in the Constitution itself.
Few Americans, however, would defend their country's record as perfect.
American democracy is in a constant state of evolution. As Americans review
their history, they recognize errors of performance and failures to act,
which have delayed the nation's progress. They know that more mistakes will
be made in the future.
Yet the U.S. government still represents the people, and is dedicated to
the preservation of liberty. The right to criticize the government
guarantees the right to change it when it strays from the essential
principles of the Constitution. So long as the preamble to the Constitution
is heeded, the republic will stand. In the words of Abraham Lincoln,
"government of the people, by the people, and for the people shall not
perish from the earth."
Contents:
Introduction__________________________
CONSTITUTION______________________
The Bill of Rights______________________
THE EXECUTIVE BRANCH___________
THE LEGISLATIVE BRANCH__________
THE JUDICIAL BRANCH______________
Conclusion____________________________
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