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U.S. Judicial Branch, Supreme Court

The United States Judicial Branch


This page:  Constitutional, structural & historical information; Supreme Court nominations; Legislation that established Courts; links to government sites.




(Left: Blind-fold symbolizes "Justice is blind" to individuals & treats all equally under the law; scale weighs facts objectively; sword - defense & punishment)




Code of Conduct for United States Judges

Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary

 

An independent and honorable judiciary is indispensable to justice in our society. 


A judge should maintain and enforce high standards of conduct and 

should personally observe those standards, 

so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.


https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges

U.S. Judicial Branch - Federal Court System

U.S. Judicial Branch Structure

The Us Supreme Court & Federal court System

     Judiciary Act of 1789 established Courts; its first assembly was in 1790. 

    01/12

    Supreme Court Facts

     

    First Supreme Court 

    As stipulated by the Judiciary Act of 1789

    There was 

    one Chief Justice, John Jay, and 

    five Associate Justices: 

    James Wilson, William Cushing, John Blair, John Rutledge and James Iredell.  


    Only Jay, Wilson, Cushing, and Blair were present at the Court's first sitting.   



       

    Q:   How many cases are appealed to the Supreme Court each year and how many cases does the Court hear? 


    The Court receives approximately 7,000-8,000 petitions for a writ of certiorari * each Term.  


    The Court grants and hears oral argument in about 80 cases.


     


     




    * * * 

    Officially titled 

    "An Act to Establish 

    the 

    Judicial Courts 

    of 

    the United States," 

    was signed into law by 

    President George Washington 

    on September 24, 1789. 


    * * *  







     


     

     Q:   Who decides how many Justices are on the Court?

     Have there always been nine?


    The Constitution places the power to determine the number of Justices in the hands of Congress.

    The first 

    Judiciary Act,

    passed in 1789

               Set the number of Justices at six, 

    one Chief Justice and five Associates. 


    Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. 


    The Judiciary Act of 1869 


    Fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred.

    https://www.supremecourt.gov/about/faq_general.aspx   


     

    The Role of a U.S. federal judge

    Judicial Power via the U.S. Constitution

        

    1. The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, 

    2. The Laws of the United States, 

    3. Treaties made, or which shall be made, under their Authority;

    4. All Cases affecting Ambassadors, other public Ministers and Consuls; 

    5. All Cases of admiralty and maritime Jurisdiction;

    6. Controversies to which the United States shall be a Party; 

    7. Controversies between two or more States; between a State and Citizens of another State; 

    8. Between Citizens of different States, between Citizens of the same State claiming Lands under Grants of different States, 

    9. Between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 

    10. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall have original Jurisdiction. 

    11. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

    12. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; 

    13. but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. 

    (Excerpt from Article III of the Constitution, please see Constitution page for more)


    Common Law Tradition

    "stare decisis" means stand by what has been decided - Judges often apply this Common Law practice in an effort to apply the law equally - not arbitrarily, in analogous cases previously decided. 

    By using the similar former case as "case law" it can be applied to new case under review.

    Role of Judge is to Interpret the Law

    Justice is Blind

    This term means that laws do not change depending on a person or group - the law is blind to individuals.  Justice is applied equally to everyone under the law.  

        

     A judge is not to create law, but to interpret the law (similar to a referee who wouldn't change a foul ball to a home run due to a personal preference toward the outcome.)


         Adjudication  -  Generally, a judge hears/processes disputes  misunderstandings or competing claims by parties - This includes: Which party has a right or duty, the details of their dispute, and what if any harm resulted in the situation at hand - and often the intent of the parties.

         When interpreting statutes (Civil law) judges often determine if statue created unintended consequences, errors and the like.

        

        The Constitution with Amendments are deemed "the law of the land" and can not be changed from a judge's bench, but rather by the Legislative branch or States using the methods specified in the Constitution.

    United States Supreme Court

    Learn About Current Justices

    Justices since 1789

    Find out more

    Supreme Court Nominations

    The Constitution gives the power of appointments to the Supreme Court to the President, with advice and consent of the Senate.

    learn the history


    Federal District & Circuit Courts 101

    Federal Courts are Courts of "Limited Jurisdiction"

    Federal Courts are Courts of "Limited Jurisdiction"

    Federal Courts are Courts of "Limited Jurisdiction"

    There are 94 district courts, 13 circuit courts, including one (1) Supreme Court throughout the country.


     The federal court system has three main levels:

    1) District courts (the trial court),

     

    2) Circuit courts which are the first level of appeal, and 


    3) Supreme Court of the United States, the final level of appeal in the federal system. 


    Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes.

    Courts in the federal system work differently in many ways than state courts. 

    The primary difference for civil cases (as opposed to criminal cases) is the types of cases that can be heard in the federal system. 


     

    Find Federal Courts

    "Original Jurisdiction" & "Diversity Jurisdiction"

    Federal Courts are Courts of "Limited Jurisdiction"

    Federal Courts are Courts of "Limited Jurisdiction"

     The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties, pursuant to  Article III, Section 2, Clause 1; 


    This type of jurisdiction is called “original jurisdiction.” Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. 

    The plaintiff has the initial choice of bringing the case in state or federal court. However, if the plaintiff chooses state court, the defendant may sometimes choose to “remove” to federal court.
     

    Cases that are entirely based on state law may be brought in federal court under the court’s “diversity jurisdiction.” 


    Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state. The defendant can also seek to “remove” from state court for the same reason. To bring a state law claim in federal court, all of the plaintiffs must be located in different states than all of the defendants, and the “amount in controversy” must be more than $75,000. 

    (Note: the rules for diversity jurisdiction are much more complicated than explained here.) 


    Source:

      https://www.justice.gov/usao/justice-101/federal-courts 

    More on Diversity Jurisdiction

    Double Jeopardy Law Doesn't Always Apply

    Double Jeopardy Law Doesn't Always Apply

    Double Jeopardy Law Doesn't Always Apply

          Important to note, the principle of double jeopardy – which does not allow a defendant to be tried twice for the same charge – does not apply between the federal and state government.

         

    If, for example, the state brings a murder charge and does not get a conviction, it is possible for the federal government in some cases to file charges against the defendant if the act is also illegal under federal law.


    Criminal cases may not be brought under diversity jurisdiction. 

    States may only bring criminal prosecutions in state courts, and the federal government may only bring criminal prosecutions in federal court. 


      https://www.justice.gov/usao/justice-101/federal-courts  

    Double Jeopardy Law Doesn't Always Apply

    Double Jeopardy Law Doesn't Always Apply

      Federal judges (and Supreme Court “justices”) are selected by the President and confirmed “with the advice and consent” of the Senate and “shall hold their Offices during good Behavior.”
       

     Judges may hold their position for the rest of their lives, but many resign or retire earlier.    

     One exception to the lifetime appointment is for magistrate judges, which are selected by district judges and serve a specified term.  

    They may also be removed by impeachment by the House of Representatives and conviction by the Senate.      

    Throughout history, fourteen (14) federal judges have been impeached due to alleged wrongdoing.  

     Source: https://www.justice.gov/usao/justice-101/federal-courts  

    District & circuit Courts

    U.S. Federal Court System

     


         The District courts are the general trial courts of the federal court system. 


         Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. 

    District courts handle trials within the federal court system – both civil and criminal.


         The districts are the same as those for the U.S. Attorneys, and the U.S. Attorney is the primary prosecutor for the federal government in his or her respective area.


         District court judges are responsible for managing the court and supervising the court’s employees. They are able to continue to serve so long as they maintain “good behavior,” and they can be impeached and removed by Congress. 


                       There are over 670 district court judges nationwide.


         Some tasks of the district court are given to federal magistrate judges. 

    Magistrates are appointed by the district court by a majority vote of the judges and serve for a term of eight years if full-time and four years if part-time, but they can be reappointed after completion of their term. 


         In criminal matters, magistrate judges may oversee certain cases, issue search warrants and arrest warrants, conduct initial hearings, set bail, decide certain motions (such as a motion to suppress evidence), and other similar actions. In civil cases, magistrates often handle a variety of issues such as pre-trial motions and discovery.


         Federal trial courts have also been established for a few subject-specific areas. 


                Each federal district also has: 

                a bankruptcy court for those proceedings. 

               Additionally, some courts have nationwide jurisdiction for issues such as 

               tax (United States Tax Court), claims against the federal government 

              (United States Court of Federal Claims), and 

              international trade (United States Court of International Trade).



    Circuit Courts


         Once the federal district court has decided a case, the case can be appealed to a United States court of appeal. 


    There are twelve federal circuits that divide the country into different regions. 

         

         The Fifth Circuit, for example, includes the states of Texas, Louisiana, and Mississippi. Cases from the district courts of those states are appealed to the United States Court of Appeals for the Fifth Circuit, which is headquartered in New Orleans, Louisiana. Additionally, the Federal Circuit Court of Appeals has a nationwide jurisdiction over very specific issues such as patents.


         Each circuit court has multiple judges, ranging from six on the First Circuit to twenty-nine on the Ninth Circuit. 


         Circuit court judges are appointed for life by the president and confirmed by the Senate.


        Any case may be appealed to the circuit court once the district court has finalized a decision (some issues can be appealed before a final decision by making an “interlocutory appeal”).   

            

    Appeals to circuit courts are first heard by a panel, consisting of three circuit court judges. 


    Parties file “briefs” to the court, arguing why the trial court’s decision should be “affirmed” or “reversed.” 


         After the briefs are filed, the court will schedule “oral argument” in which the lawyers come before the court to make their arguments and answer the judges’ questions.

         

         Though it is rare, the entire circuit court may consider certain appeals in a process called an “en banc hearing.” * (The Ninth Circuit has a different process for en banc than the rest of the circuits.)  En banc opinions tend to carry more weight and are usually decided only after a panel has first heard the case. 


         Once a panel has ruled on an issue and “published” the opinion, no future panel can overrule the previous decision.   The panel can, however, suggest that the circuit take up the case en banc to reconsider the first panel’s decision.


         Beyond the Federal Circuit, a few courts have been established to deal with appeals on specific subjects such as veterans claims (United States Court of Appeals for Veterans Claims) and military matters (United States Court of Appeals for the Armed Forces).


    Source:  https://www.justice.gov/usao/justice-101/federal-courts 


     

    VOCABULARY

     

    - writ of certiorari *  Through a written demand by a higher court to a lower court requesting lower-court submit all documents pertaining to a case for their review. 

    - en banc "on the bench" entire court or quorum hear case.   

    There are over 670 District Court Judges  and twelve federal circuits nationwide.

    A Brief History

     

    The First Judiciary Act of 1789


    Officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. 


    The Constitution elaborated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole. Thus, it was left to Congress and to the Justices of the Court through their decisions to develop the Federal Judiciary and a body of Federal law.


    The first bill introduced in the United States Senate became the Judiciary Act of 1789.
    The act divided the country into 13 judicial districts, which were, in turn, organized into three circuits: the Eastern, Middle, and Southern. The Supreme Court, the country's highest judicial tribunal, was to sit in the Nation's Capital, and was initially composed of a Chief Justice and five Associate Justices. 


     For the first 101 years of the Supreme Court’s life -- but for a brief period in the early 1800's -- the Justices were also required to "ride circuit," and hold circuit court twice a year in each judicial district.  https://www.supremecourt.gov/about/institution.aspx 


    Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed. 


    Principally authored by Senator Oliver Ellsworth of Connecticut, the Judiciary Act of 1789 established the structure and jurisdiction of the federal court system and created the position of attorney general. 


    Although amended throughout the years by Congress, the basic outline of the federal court system established by the First Congress remains largely intact today.   

    https://www.loc.gov/rr/program/bib/ourdocs/judiciary.html 


    (Please see below for a list of Congressional Acts regarding the Judiciary) 

    U.S. Senate passed Judicial Act to establish Courts, 1789.

    Journal page from Senate Proceedings on the Bill "An Act to Establish Judicial Courts of U.S. 1789

    marbury v madison -judicial review

    Read Famous Case Details

    2020 supreme court

    The Robert's Court

     The Supreme Court as composed October 27, 2020 to present.
    Front row, left to right: Associate Justice Samuel A. Alito, Jr., Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Stephen G. Breyer, and Associate Justice Sonia Sotomayor.
    Back row, left to right: Associate Justice Brett M. Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, and Associate Justice Amy Coney Barrett.
    Credit: Fred Schilling, Collection of the Supreme Court of the United States   


    Justice Ruth Bader Ginsburg

    RBG  (1933 - 2020)

    President Clinton nominated Ms. Ginsberg as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993.  Justice Ginsberg served on the Court until her death, September 18, 2020. 

     Seated, from left: Justices Stephen G. Breyer, Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ruth Bader Ginsburg and Samuel A. Alito, Jr.; standing, from left: Justices Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh 

    Photo- Fred Schilling (1970- ) for the Supreme Court  

    U.S. Supreme Court - First Amendment Cases

    Freedom of speech includes the right:

    "Congress shall make no law...abridging freedom of speech..."

    "Congress shall make no law...abridging freedom of speech..."

     

    1.   - Not to speak (specifically, the right not to salute the flag).
      West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).


    • Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
      Tinker v. Des Moines, 393 U.S. 503 (1969).


    • To use certain offensive words and phrases to convey political messages.
      Cohen v. California, 403 U.S. 15 (1971).


    • To contribute money (under certain circumstances) to political campaigns.
      Buckley v. Valeo, 424 U.S. 1 (1976).


    • To advertise commercial products and professional services (with some restrictions).
      Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).


    • To engage in symbolic speech, (e.g., burning the flag in protest).
      Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).

    "Congress shall make no law...abridging freedom of speech..."

    "Congress shall make no law...abridging freedom of speech..."

    "Congress shall make no law...abridging freedom of speech..."

    Freedom of speech does NOT include the right:

    "Congress shall make no law...abridging freedom of speech..."

    Freedom of speech does NOT include the right:

     

    To incite imminent lawless action.
    Brandenburg v. Ohio, 395 U.S. 444 (1969).


    • To make or distribute obscene materials.
      Roth v. United States, 354 U.S. 476 (1957).


    • To burn draft cards as an anti-war protest.
      United States v. O’Brien, 391 U.S. 367 (1968).


    • To permit students to print articles in a school newspaper over the objections of the school administration. 
      Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).


    • Of students to make an obscene speech at a school-sponsored event.
      Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).


    • Of students to advocate illegal drug use at a school-sponsored event.
      Morse v. Frederick, __ U.S. __ (2007).


    Source: https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does

    Disclaimer: These resources are created by the Administrative Office of the U.S. Courts for use in educational activities only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on legislation. 

    Congress & the Courts: Landmark Legislation

    Click on underlined text to read legislation

    1869 - Established Supreme Court seats at nine justices

    1869 - Established Supreme Court seats at nine justices

      


    1787
    Article III of the U.S. Constitution provided the outline of the judicial branch of government.

    1789
    The Judiciary Act of 1789 established a federal court system.

    1801
    The Judiciary Act of 1801 reorganized the federal judiciary and established the first circuit judgeships.

    1802
    The Judiciary Act of 1802 reorganized the federal courts following repeal of the 1801 act.

    1807
    Establishment of the Seventh Circuit and a seventh seat on the Supreme Court.

    1837
    Establishment of the Eighth and Ninth Circuits and additional seats on the Supreme Court.

    1855
    Establishment of a California Circuit.

    1869 - Established Supreme Court seats at nine justices

    1869 - Established Supreme Court seats at nine justices

    1869 - Established Supreme Court seats at nine justices

      

    1863
    Establishment of a Tenth Circuit and a tenth seat on the Supreme Court.

    1866
    Reorganization of the judicial circuits and reduction in the size of the Supreme Court.

    1869
    Establishment of circuit judgeships and setting the number of the Supreme Court seats at nine.

    1875
    Authorization for the federal courts to exercise the full jurisdiction allowed under the Constitution.

    1891
    Establishment of the U.S. Circuit Courts of Appeals.

    1911
    Abolition of the U.S. Circuit Courts as part of the recodification of laws relating to the federal judiciary.

    1922
    Establishment of the Conference of Senior Circuit Judges (later the Judicial Conference of the United States).


    1869 - Established Supreme Court seats at nine justices

      

     1925 The Judges' Bill expanded the jurisdiction of the Courts of Appeals and allowed the Supreme Court to determine many of the cases it would hear.

    1929 Division of the Eighth Circuit and establishment of a Tenth Circuit.

    1939 Establishment of the Administrative Office of the U.S. Courts. 

    1967
    Establishment of the Federal Judicial Center.

    1968
    The Federal Magistrates Act.

    1978
    Establishment of U.S. Bankruptcy Courts.

    1980
    Division of the Fifth Circuit and establishment of an Eleventh Circuit.

    1982
    Establishment of the Federal Circuit.




     https://www.fjc.gov/history/legislation/congress-and-courts-landmark-legislation 

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