Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and Warrants shall be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The United States Constitution. 2006
Federal Courts
The United States Federal Courts
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The Supreme Court of the United States and the Federal Judiciary....Article III of the Constitution places the judicial power of the federal government in "one Supreme Court, and in such inferior Courts" as the Congress might decide to establish. The Constitution grants the Supreme Court original jurisdiction in cases in which states are a party and those involving diplomats, but leaves for Congress to determine the size and responsibilities of the Court that is the capstone of the federal judiciary. The Judiciary Act of 1789 established a Supreme Court with one chief justice and five associate justices. The act further defined the jurisdiction of the Supreme Court to include appellate jurisdiction in larger civil cases and cases in which state courts ruled on federal statutes. Congress required the justices of the Supreme Court to preside with the local federal judges on the U.S. circuit courts that met in judicial districts throughout the nation, thus insuring that members of the highest court would participate in the principal trial courts of the federal judiciary and be familiar with the procedures of the state courts.
The size of the Supreme Court grew to accommodate the establishment of new circuits as the nation expanded. In 1807 a seventh justice was added to the court, and in 1837 an eighth and ninth justice joined the Supreme Court. The size of the Court reached its highest point in 1863 with the creation of a Tenth Circuit on the west coast and the appointment of a tenth justice. In 1866, Congress reduced the size of the Court to seven justices and provided that no vacant seats are filled until that number was reached. The number of sitting justices fell to eight before an act of 1869 provided for nine justices, one for each of the judicial circuits established in 1866. The size of the Court has since remained the same.
The duties of circuit riding required the Supreme Court justices to spend most of their time traveling and prompted recurrent efforts to reduce or eliminate this responsibility. In 1793, Congress reduced the number of justices required to hold circuit court from two to one. In the Judiciary Act of 1801, Congress created separate circuit judgeships and freed the justices from any circuit court duties, but this exemption was short-lived. In 1802 Congress again assigned the justices to serve on the U.S. circuit courts, although it allowed the district judge to preside alone in some instances. The establishment of separate circuit judgeships in 1869 further relieved the circuit obligations of the justices. When Congress established the circuit courts of appeals in 1891, it finally made the justices’ circuit duty optional.
Throughout its first century, the Supreme Court was responsible for deciding most civil appeals, and the justices had little control over a docket that was increasingly overcrowded. The act establishing the circuit courts of appeals in 1891 authorized the justices to grant review through certiorari and allowed the courts of appeals to certify other cases for appeal to the high Court at the same time that it restricted the right of automatic appeal to the Supreme Court. The Judges Bill of 1925 further increased the justices’ discretion in determining what cases to hear, and in 1988 Congress eliminated almost all types of mandatory jurisdiction.
The Supreme Court has exercised only limited administrative authority over the federal courts. In 1922 the act creating the Conference of Senior Circuit Judges required the Chief Justice or an associate justice to convene the conference, and the Chief Justice continues to preside over the Judicial Conference. Congress in 1934 granted the Supreme Court responsibility for drafting rules of federal procedure. The 1939 law creating the Administrative Office of the U.S. Courts provided that the Supreme Court would appoint its director. Congress changed the law in 1990, vesting that authority in the Chief Justice, in consultation with the Judicial Conference. The Chief Justice also chairs the board of the Federal Judicial Center.
The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. See also United States federal judge.
Categories
The federal courts are a branch of the federal government, and include:
General jurisdiction courts:
United States courts of appeals (except the Court of Appeals for the Federal Circuit)
Supreme Court of the United States
Courts of specific subject-matter jurisdiction:
United States bankruptcy courts
United States Court of International Trade
United States Court of Federal Claims
United States Court of Appeals for the Armed Forces
United States Court of Appeals for the Federal Circuit
While federal courts are generally created by the U.S. Congress under the constitutional power described in Article III, many of the specialized courts are created under the authority granted in Article I.
Greater power is vested in Article III - courts because the greater control that Congress is able to exercise over Article I courts would threaten the balance of power between the branches of government.
Article III requires the establishment of a Supreme Court and permits the U.S. Congress to create other federal courts, and place limitations on their jurisdiction. In theory, Congress could eliminate the entire federal judiciary except for a single Supreme Court Justice (who would be the Chief Justice by default). However, the first Congress immediately established a system of lower federal courts through the Judiciary Act of 1789.
Levels of U.S. Federal Courts
The Federal District Courts are the general federal trial courts, although in many cases Congress has passed statutes which divert original jurisdiction to the above-mentioned specialized courts or to administrative law judges (ALJs). In such cases, the district courts have jurisdiction to hear appeals from such lower bodies.
The Federal Courts of Appeals are the intermediate appellate courts. They operate under a system of mandatory review which means they must hear all appeals from the lower courts.
Finally, the United States Supreme Court is the court of last resort. It generally operates under discretionary review, meaning that it can pick and choose cases (through grants of writ of certiorari) and hear only the non-frivolous appeals that present truly novel issues. In a few unusual situations (like lawsuits between state governments or some cases between the federal government and a state) it sits as a court of original jurisdiction. Such matters are generally referred to a designated individual (usually a sitting or retired judge or well-respected attorney) to sit as "Special Master" and report to the Court with recommendations.
Related Organizations
The Judicial Conference of the United States is the policymaking body of the U.S. federal courts. The Conference is responsible for creating and revising federal procedural rules pursuant to the Rules Enabling Act.
The U.S. Marshals Service is responsible for providing protection for the federal judiciary and transporting federal prisoners.
Limitations on U.S. Federal Courts
The Supreme Court has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of mootness, http://en.wikipedia.org - ripeness and standing prohibit district courts from issuing advisory opinions. Other doctrines, such as the abstention doctrines and the Rooker-Feldman doctrine limit the power of lower federal courts to disturb rulings made by state courts.
Study of U.S. Federal Courts
Most U.S. law schools offer an elective course that focuses specifically on the powers and limitations of U.S. federal courts, with coverage of topics such as justifiability, abstention doctrines, the abrogation doctrine, and habeas corpus.
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