Preview

Evolution Of Federal Courts Essay

Good Essays
Open Document
Open Document
423 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Evolution Of Federal Courts Essay
The history evolution of the federal courts began to evolve as early as the Constitutional Convention held in 1787. It was during the Constitutional Convention that a resolution was adopted that “a national judiciary be established” (Neubauer & Fradella, 2008, p. 65). Of course, there was considerable disagreement between federalists and anti-federalists. The disagreement surrounded the fact the anti-federalists feared that individual liberties could be weakened. According to Neubauer and Fradella (2008), the conflict between federalists and anti-federalists was resolved by the compromise in the development of Article III.
After the ratification of the Constitution, the first bill introduced in the Senate dealt with issues that were not resolved within the federal courts. The Judiciary Act of 1789 “laid the foundation for our current national judicial system” (Neubauer & Fradella, 2008, p. 65). The act created separate federal district courts. It was during this time
…show more content…

This act was created, according to Neubauer and Fradella (2008), was in response to increased federal litigation resulting from a rapidly expanding population and growth of business following the Civil War (p. 66). To solve the burden of being overloaded with cases, the act established new courts known as circuit court of appeals. It would be under this act, that appeals of trial decisions would be heard. By doing so, the high court could hear more important cases.
Federal courts of today can be broken down into four layers. Those layers are magistrate, district, appellate, and Supreme Court. Magistrate courts can be thought of as the same as state trial court judges, as they have limited jurisdiction. District courts are located in every state. The President of the United States nominates the judges for each district court judge. The nomination must be approved by the Senate. District courts handle the criminal cases such as drug violations and


You May Also Find These Documents Helpful

  • Good Essays

    Edmund Randolph Pres. met with these men regularly for advice on major policies Creating Court System only court mentioned in the constitution was supreme court Judiciary act of 1789- one chief justice and 5 associate judges could make decisions on constitutionality 13 district courts and three…

    • 1091 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The article Marbury v. Madison and the Establishment of Judicial Autonomy by William E. Nelson, discusses “. . . a balance between two concepts democracy . . . and the rule of law. . .” (Nelson 240). The court case Marbury v. Madison took place in 1803. This court case is famous for the creation of judicial review; “the doctrine allowing courts to hold acts of Congress unconstitutional” (Nelson 240). During the presidency of Adam, sixteen circuit judges were appointed. Adams secretary of state at this time was Marshall, whom could not “deliver the commission for one of the new justices of the peace . . . William Marbury, before the end of President Adams’s term . . .” (248). Marbury v. Madison was started because Thomas Jefferson’s secretary of state James Madison refused to give William Marbury as well as others their commissions. Because of this act by Madison, Marbury as well as others decided to petition for a writ of mandamus for their commissions. According to Cornell Law School, a writ of mandamus is “an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion”. The case of Marbury v Madison led to the Judiciary Act of 1801. This…

    • 478 Words
    • 2 Pages
    Good Essays
  • Good Essays

    After a hard fought battle in the election of 1800, John Adams and the Federalists lost to Thomas Jefferson, a Republican. After this defeat, the Federalists wanted to retain as much power as they could. So, before Jefferson and the other Republicans entered office, Adams passed the Judiciary Act of 1801.…

    • 634 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Appellate court is where appeals are first heard. This court was established to help reduce the backlog of cases waiting to be heard by The Supreme Court, also referred to the court of last resort, is the highest level of court within a State. The Appellate Courts rule on if there are grounds for another hearing or if rights have been violated moving that case to the next phase, The State Supreme Court. One of the biggest factors that distinguishes this high court from the lower courts is the “amount of control these judicial bodies exercise over their dockets” (Neubauer & Fradella, 2011). Not every case that is sent to the Court of Last Resort will be heard.…

    • 1134 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The Federalist passed the Judiciary Act of 1801 to ensure the Judicial Branch has Federalist Ideals. Before President Adams leaves office he appoints 100’s of judges to the Judicial Branch. One of those appointments was the Chief Justice, John Marshall a Federalist.. Most of these appointments got approved by congress. One of the appointments…

    • 185 Words
    • 1 Page
    Good Essays
  • Good Essays

    The U.S. has a dual court structure. To be exact, we have a federal judiciary system and the systems that are operated by each of the states. This dual court structure is a unique feature of the American judicial system. Although most cases are tried in state courts, the federal court is playing a larger and larger role in finding resolutions to disputes. Partly, this is because congress in recent years has enacted a range of new laws that grant citizens access to federal courts.…

    • 1149 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Prior to Marbury v Madison, the Supreme Court only received it's judicial powers through the construction of the Constitution and what legislature enacted. Marbury v Madison was known as the first judicial review conducted by the Supreme Court. As a result of the Supreme Court's decision in Marbury v Madison, it gave the court its power to review the acts of Congress and the Executive and to oppose any acts of the legislature and the Executive that violated Constitutional rights of all citizens in the United States. The Supreme Court began its rise to an equal branch of the government.…

    • 981 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Confederation Compromise

    • 750 Words
    • 3 Pages

    It allowed decisions to be made at the federal level that were best for the country with representation for each state. Ease of legislation was made possible by a reduction in what was considered a majority vote and the federal government was able to tax individual citizens. A system of checks and balances was established by creating an executive branch headed by the president, a judiciary branch, and a legislative branch. The Judiciary branch created the Federal District Courts, Federal Circuit Courts, and the Supreme Court and was passed by congress in 1789. In order for the federal government to administer the armed forces, post office, and trade and commerce regulation, there would need to be a presidential staff known as a cabinet which would be chosen by the president. The Attorney General, Chief Justice and other cabinet positions would also be appointed by the president. The judiciary system would be used for citizens and state’s rights to be…

    • 750 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The United State Supreme Court was established through by the Constitution in Articles III of 1787 and gave it authority to hear certain appeals brought from the lower courts and the state courts. If necessary, the United State also has the…

    • 629 Words
    • 3 Pages
    Good Essays
  • Good Essays

    During the year of 1789 the most crucial piece in the American legislation emerge from the first section of congress. The Judiciary Act of 1789 implemented the judiciary clause of the constitution that gave power to the congress to set a new number of justices on the Supreme Court and established a new system in the federal courts, as well creating a position for attorney general. This Act implemented a high court of six justices that later increase to nine by 1869…

    • 82 Words
    • 1 Page
    Good Essays
  • Good Essays

    The U.S court of Appeals is composed of twelve circuits; these twelve circuits concentrate on appeals that were made by the U.S district court. They also handle cases where the United States is the defendant and also with Patent Laws. Upon a verdict from this court, an appeal cannot be made without appealing the verdict and it being approved.…

    • 505 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Court History and Purpose

    • 873 Words
    • 4 Pages

    In the United States, our court system is operated by a dual court system. The two types that make up the dual court system are federal and state. The dual court system is advantageous and desirable because it parallels federalism, a system of government where power is constitutionally divided between a central governing body and various constituent units (Siegel, Schmalleger, & Worrall, p. 5, 2011). The federal courts deal with cases of a broader degree, while the states courts deal with cases involving crimes within their own state borders. Even though England was the original founders, our nation was in desperate need of changes within the criminal justice…

    • 873 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    References: Currie, D. (1992), the Constitution in the Supreme Court: The First Hundred Years, 1789-1988, Pges152-155 (Univ. of Chicago).…

    • 1878 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    The federal court system is made up of 3 layers: the district courts, the circuit courts. These are the first layer of appeal. The final layer is appeal in the federal courts. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country. The Supreme Court is the only court specifically mentioned in the Constitution; Article III mentions the Supreme Court.…

    • 356 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Court Systems

    • 1067 Words
    • 5 Pages

    The judicial system is composed of a Supreme Court, Appellate Courts, and Trial Courts. Supreme courts handle cases regarding the Constitution or federal law. Appellate court hears appeals in appropriate circuits or specialized cases. Trial courts hear cases civil and criminal in nature, excluding federal law. California has 58 trials courts, one in each county. Congress established the Appellate Courts in 12 regional court of appeals and one Appeals Court for the Federal Circuit; six districts in California.…

    • 1067 Words
    • 5 Pages
    Powerful Essays