Federal Courts Outline

 
Federal Courts
Holley-Walker
Fall 2013
 
 
I.        The Federal Court System: Structure and Themes
a.       Establishing a National Court and Discretion for Congress to Create Lower Federal Courts
                                            i.      The touch stone of the American federal judiciary is Article III of the United States Constitution
1.       It both establishes the federal judiciary and outlines its power
2.       Section 1 of Article III first provides the contours of the federal courts
a.       This provision establishes the federal judicial system by mandating that the national judicial power “shall be vested.”
b.      Significantly, this national judicial power would resolve disputes involving states and individuals.
c.       Section 1 also establishes the United States Supreme Court and permits the creation of lower federal courts.
d.      This combination represents the Framer’s compromise, which established a national court while permitting state courts to exercise jurisdiction over disputes under federal law.
3.       Section 1 also sets forth the parameters of judicial tenure
a.       To support the independence of the federal judiciary, Article III provides that all federal judges shall maintain their office “during good behavior,” with salaries that cannot be decreased during their time in office.
b.      The Framers also set fourth foundational, structural protection of judicial independence in Articles I and II
c.       They resolved that it was essential for federal jurists to be appointed by the President and confirmed by the Senate rather than be popularly elected.
d.      This remains a critical distinction between the federal judiciary and many state judiciaries.
4.       Section 2 of Article III sets forth the nature of federal jurisdiction.
a.       Clause 1 of Section 2 states nine categories of cases included in the federal judicial power
                                                                                                                    i.      The “arising under” jurisdiction over the Constitution, federal laws, and treaties is an essential ingredient to the creation and maintenance of a national body of law, but note that this section does not make jurisdiction exclusive to federal courts
b.       Clause 2 of Section 2 describes the original and appellate jurisdiction of the Supreme Court.
                                                                                                                    i.      The Constitution limits the original jurisdiction to all actions concerning “Ambassadors, other Public Ministers and Consuls, and those in which the State shall be a Party,” leaving all other matters within the federal judicial power as part of the appellate jurisdiction of the Supreme Court.
                                                                                                                  ii.      Although the Supreme Court’s appellate jurisdiction extends to “Law and Fact” of all matters listed in the nine categories of Clause 1, the final caveat shows Congress’s significant control over this jurisdiction – “with such exceptions, and under such regulations as the Congress shall make.”
b.      Recurring Themes and Questions
                                            i.      Federalism
1.       Federalism represents a vertical concern about the relationship between the federal and state governments.
2.       With respect to the judiciary, federalism concerns arise when a federal court acts in a manner that may encroach on a state government or a state interest.
3.       SCOTUS outlined the contours of federalism in Younger v. Harris, which held that a federal court may not enjoin a pending, good-faith state criminal proceeding.
a.       “Our Federalism”
                                                                                                                    i.      “The concept does not mean blind deference to “States’ Rights” any more than it means centralization of control over every important issue in our National Government and its courts. . . . What the concept does represent is a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States.
4.       Accordingly, the federal judiciary must take great care to balance its interest in developing and enforcing national law with a respect for state prerogatives.
                                          ii.      Separation of Powers
1.       Separation of powers represents a horizontal concern about the relationship between coordinate branches of government
a.       Accordingly, on the federal level, separation-of-powers issues arise when the act of any one of the three federal branches affects one or more of the remaining branches.
2.       The very structure of the Constitution embodies this separation of powers.
3.       The separation of powers is not a rigid, clean separation.
a.       Rather, the Constitution permits blended powers in order to facilitate the necessary checks and balances among branches.
                                                                                                                    i.      Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson’s “zone of twilight”
4.       When federal courts invalidate federal law or executive action they may exacerbate separation-of-power tensions.
a.       Yet, such judicial rulings represent the judicial branch’s own “check” on unlawful usurpations of power by another branch.
                                        iii.      Parity
1.       The parity debate centers on the relative performance of federal and state courts.
a.       Is one judicial system more competent than the other?
b.      Are federal courts more hospitable to the enforcement of federal law?
2.       When is parity an issue?
a.       In cases falling outside the federal courts’ jurisdiction, the question of parity never arises.
b.      Similarly, when Congress confers exclusive jurisdiction on the federal courts, as with patent and copyright cases, the issue of parity is irrelevant.
                                                                                                                    i.      Parity is quite relevant, however, to Congress’ decision whether to grant exclusive jurisdiction.
c.       The parity issue arises when state and federal courts share jurisdiction over aspects of a controversy.
                                                                                                                    i.      Ex.: When state and federal courts have concurrent jurisdiction over a controversy, litigants often have a choice of forum.
                                                                                                                  ii.      Strategy dictates a determination of which forum, state or federal, is more advantageous.
d.      The parity issue also arises when a federal court is asked to resolve an issue of federal law that might also be presented in a pending state court action.
                                                                                                                    i.      Ex: A federal court might be asked to declare the unconstitutionality of a state criminal law under which the federal plaintiff is currently being prosecuted in state court.
                                                                                                                  ii.      If the federal court believes in the parity of state courts, it may be more inclined to abstain and let the plaintiff present her federal issue for resolution in state court.
II.      Federal Court Jurisdiction
a.       Congressional Control of Federal Jurisdiction and Decisionmaking
                                            i.      Context and Background
1.       Constitutional Text
a.       Jurisdiction of the federal judiciary must be rooted in the Constitution, although the inquiry does not end there.
b.      Article III of the Constitution is the source from which all else flows.
                                                                                                                    i.      Section 1 “Ordain and Establish” Clause
                                                                                                                  ii.      The first sentence of Section 2 authorizes “arising under” jurisdiction