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Politics Resource Center

Political Science Factsheet
The Federal Judiciary - Page 1

Politics Resource Center Main Page


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The only federal court required by the United States Constitution is the Supreme Court, specified in Article III. Congress has created all other federal courts and their jurisdictions. The Constitution does not indicate how many justices shall be on the Supreme Court nor what its appellate jurisdiction shall be. Originally there were six justices on the Supreme Court; now there are nine justices. This political science factsheet will give you information about the different kinds of federal courts, the current Supreme Court justices, the past Chief Justices of the Supreme Court, some interesting federal court trivia, and other resources. Also check out the United States Supreme Court Website.



Diagram (c) 1995 by UniWest Graphics. All Rights Reserved.

Supreme Court of the United States
(1 court with 9 justices)

Original Jurisdiction: Cases begin in the Supreme Court, over controversies involving:

1. Two or more states
2. The United States and a state
3. Foreign ambassadors and other diplomats
4. A state and a citizen of a different state (if begun by the state)

Appellate Jurisdiction: Cases begin in another, lower court. Hears appeals, at its discretion, from:

1. Lower federal courts
2. Highest state court
 

Two Kind of Federal Courts

Two kinds of lower federal courts have been created by Congress to handle cases that need not be decided by the Supreme Court:

I. CONSTITUTIONAL COURTS

  • Exercises the judicial powers found in Article III of the Constitution.
  • Judges are given constitutional protection: they may not be fired nor their salaries reduced while in office.
  • Includes:

1. U.S. Courts of Appeals

(1 in each of 11 regions plus 1 in Washington, D.C.)

Hears only appeals; no original jurisdiction. Appeals from:

  • Federal District Courts
  • U.S. regulatory commissions
  • Certain other federal courts

2. U.S. District Courts

(1 in each of 94 districts)

Have only original jurisdiction; do not hear appeals. Original jurisdiction over cases involving:

  • Federal crimes
  • Civil suits under federal law
  • Civil suits between citizens of different states where the amount exceeds $50,000
  • Admiralty and maritime cases
  • Bankruptcy cases
  • Review of actions of certain federal administrative agencies
  • Other matters assigned to them by Congress

II. LEGISLATIVE COURTS

  • Set up by Congress for some specialized purpose.
  • Staffed with people who have fixed terms of office.
  • Can be removed or have their salaries reduced.
  • Includes: Court of Military Appeals and territorial courts.
Federal Court Regions

There are eleven regions, or circuits, plus one in the District of Columbia. Each region has a Federal Court of Appeals. Within each region are Federal District Courts, a total of ninety-four, with at least one in each state, the District of Columbia, and the commonwealth of Puerto Rico.

1st Circuit
Maine, New Hampshire, Massachusetts, Rhode Island

2nd Circuit
Vermont, New York, Connecticut

3rd Circuit
Pennsylvania, New Jersey, Delaware

4th Circuit
Maryland, West Virginia, Virginia, North Carolina, South Carolina

5th Circuit
Texas, Louisiana, Mississippi

6th Circuit
Michigan, Ohio, Kentucky, Tennessee

7th Circuit
Wisconsin, Illinois, Indiana

8th Circuit
North Dakota, South Dakota, Minnesota, Iowa, Nebraska, Missouri, Arkansas

9th Circuit
Washington, Oregon, Montana, Idaho, California, Nevada, Arizona

10th Circuit
Wyoming, Utah, Colorado, Kansas, Oklahoma, New Mexico

11th Circuit
Alabama, Georgia, Florida

The Litmus Test

The term "litmus test" is often used when candidates are nominated for sears on the Supreme Court and come before the Senate for confirmation.

In chemistry a litmus test is a way of finding out whether a liquid is acid or alkaline. It involves exposing the fluid to an organic dye that turns red in acids and blue in alkalines.

The term is used in politics to mean a test of ideological purity, a way of finding out whether a person is a dyed-in-the-wool liberal or conservative.

For liberals, a litmus-test issue might be support for abortion or opposition to school prayer. For conservatives, it might be holding the opposite of these views.

Go to Page Two of this Political Science Factsheet


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