AG Ch 18-4 The Special Courtsx

January 6, 2018 | Author: Anonymous | Category: Social Science, Law
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AMERICAN GOVERNMENT

 The federal court system is made up of two quite

distinct types of courts  1) constitutional, or regular courts  2) special courts  Special courts were created by Congress to hear certain cases involving the expressed powers of Congress  These courts (aka legislative courts) were not established under Article III  They don’t exercise the broad “judicial power of the USA”  Each court has very narrow jurisdiction

 The US government cannot be sued by

anyone, in any court, for any reason, without its consent  Suits may be brought only if the Congress says the USA is open to suit  Originally, a person with a claim against the US could secure REDRESS (satisfaction of a claim or payment) only be an act of Congress  1855—Congress sets up the Court of Claims

 This body became the US Court of Federal

Claims in 1993  16 judges appointed by the President and approved by the Senate for 15-year terms  They hold trials throughout the country  Hear claims for damages against the Federal Government  Claims upheld by this court cannot be paid unless Congress appropriates the money

 Appeals from this court may be carried to the

Court of Appeals for the Federal Circuit

 Congress acted under its power to “make all

needful Rules and Regulations respecting th Territory…belonging to the USA”  Courts created for each of the nation’s territories: Virgin Islands, Guam, and the Northern Marianas Islands  These courts function much like the local courts in the 50 states

 Congress has the power to oversee judicial

cases in DC (Article I, Section 8, Clause 17)  Federal District Court, Court of Appeals  Local courts established:  1) superior court (general trial court)  2) court of appeals

 1789—Congress created a system of military courts

for each branch of the military  These military courts (aka COURTS-MARTIAL) serve the special disciplinary needs of the armed forces and are NOT a part of the federal judicial system  All court officers are members of the military— mainly officers  1950—Congress created the Court of Military Appeals for the Armed Forces  This court is a civilian court separate from the military courts

 5 judges—a chief judge and 4 associate

judges  Appointed by the President and confirmed by the Senate for 15-year terms  A limited number of decisions from this court could be appealed to the US Supreme Court  This court is usually the last word for military persons trying to change the decision of their case

 2003—court-like bodies composed of

commissioned officers created by President George W. Bush  These tribunals are not part of the courts-martial system  These commissions were set up to try “enemy combatants”, mostly suspected terrorists captured by American forces in Iraq and Afghanistan  Most captives are held at Guantanamo Bay, Cuba

 These detainees include hundreds of people

suspected of belonging to al Qaida and others who have committed violence against the USA  The President, as Commander-in-chief, created these commission by Executive Order  2006—US Supreme Court ruled that the President had overstepped his authority in the case of Hamdan v. Rumsfeld  The Court directed Bush to work with Congress to develop new procedures for prosecuting detainees

 Military tribunals have been established at

various points in America’s past  Mexican-American War, Civil War, and WWII  1942—Roosevelt created a tribunal to try 8 Nazi saboteurs who were landed on the East Coast by submarine  All 8 were convicted—6 executed, 2 received long prison terms because they gave up information

 Article I, Section 8, Clause 9  Congress has the authority to constitute inferior

tribunals to the supreme court  Created in 1988  Chief Judge and up to 6 associate judges  Appointed by the President and confirmed by the Senate for 15-year terms  This court hears appeals from the Board of Veterans Appeals in the Department of Veterans Affairs

 This court deals with veterans who claim the

VA has mishandled valid claims for veterans’ benefits  Appeals from this court can be taken to the Court of Appeals for the Federal Circuit

 Acting under its power to tax, Congress

created this court in 1969  Independent judicial body in the legislative branch  It is not part of the federal court system  1 Chief Judge and 18 associate judges nominated by the President and confirmed by the Senate for 15-year terms  This court hears civil cases involving disputes over the tax code

 Most of the cases are generated by the

Internal Revenue Service  This court’s decisions may be appealed to the federal court of appeals  THE END

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