# Presentation: 538746

## Constitutional Origins of the Federal Judiciary

- The Federal Convention of 1787
- Ratification Debates
- The Judiciary Act of 1789

- Federal Judicial Center

## An Independent Judiciary

- Support for an independent judiciary in three-part system of government
- Outline of judiciary emerged from debates in the Federal Convention

- Federal Judicial Center

## Models and Experience

- The British Model – judges served with lifetime tenure “during good behavior”
- State Constitutions – service during good behavior, fixed salaries, beginnings of judicial review
- No precedent for federal judiciary

- Federal Judicial Center

## Madison’s Virginia Plan	

- One or more supreme courts and federal trial courts
- Judges appointed by Congress, serve during good behavior, fixed salary
- Council of Revision – judges and executive review legislation

- Federal Judicial Center

## Defining the Judiciary

- Appointment of Judges
- Judges’ Term of Office
- Judges’ Salaries
- Judicial Review
- Federal and State Jurisdiction

- Federal Judicial Center

## Appointment of Judges

- President alone – too monarchical?
- Congress – would they have the experience and knowledge?
- Senate – would this insure judges from throughout the nation?
- President, with Senate veto power?
- _President with advice and consent of the Senate_

- Federal Judicial Center

## Judges’ Term of Office

- Agreement on lifetime tenure “during good behavior”
- What standard of good behavior?
- 		Removal for misjudgments and 	errors?
- 		Removal for crimes and 	misdemeanors?

- Federal Judicial Center

## Removal of Judges

- Who decides if judges violated standard for good behavior?
- Model of legislative 		recommendation, executive removal
- Need for trial?
- _Impeachment by House of Representatives, Trial in Senate_

- Federal Judicial Center

## Judges’ Salaries

- Fixed salaries or increases to attract talent?
- Would Congress use judicial salaries to pressure judges?
- Fixed scale for increases?
- _No reductions in salary, but Congress could increase_

- Federal Judicial Center

## Council of Revision?

- Madison: council of judges and the executive to counter legislative power
- Would it violate separation of powers?
- Should judges have role in framing legislation?

- Federal Judicial Center

## Judicial Review

- Expectations of Judicial Review
- Delegates recognized judicial authority to void laws violating the Constitution
- Belief that judges should only comment on laws after enactment
- _Constitution silent on judicial review – Veto power exclusive to President_

- Federal Judicial Center

## Lower Federal Courts

- Federal courts or state courts as trial courts for cases involving federal jurisdiction?
- _Congress granted authority but not required to establish federal trial courts_

- Federal Judicial Center

## Federal Court Jurisdiction

- _Jurisdiction over all cases under Constitution, federal laws, and treaties_
- _Jurisdiction over disputes between states and between citizens of different states_
- _Recognition of state courts’ jurisdiction in many areas_

- Federal Judicial Center

## Antifederalist Critics

- Federal courts a threat to state courts
- Distant courts would put justice out of reach for many citizens
- Threats to jury trials
- No requirement for civil jury trials
- No prohibition on retrial of criminal cases without a jury

- Federal Judicial Center

## The Federalist Defense

- Judiciary the “least dangerous branch”
- Judiciary protects popular will
- Life tenure and salary protections guard against political corruption
- Supremacy of federal law ensures equal rights
- National judiciary to protect national security

- Federal Judicial Center

## Ratification

- State Conventions recommend amendments:
- Protect rights to jury trials
- Prohibit retrial of facts in criminal case
- Protect citizens from burdensome suits in distant courts
- Limit jurisdiction of federal trial courts
- A Bill of Rights

- Federal Judicial Center

## Judiciary Act of 1789

- Three tier system of federal courts
- Recognition of Antifederalist critics
- Shared jurisdiction with state courts
- Acknowledged state borders and legal traditions
- Supreme Court justices required to serve on regional federal courts

- Federal Judicial Center

## Bill of Rights

- Focus on civil liberties and rights of criminal defendants
- Rejected proposals to reorganize federal judiciary
- Jury guaranteed in most civil and criminal trials
- No retrial in federal courts of facts determined by a jury

- Federal Judicial Center