Federal Courts

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Understanding Federal Courts

The Federal Court system is comprised of the Supreme Court created by Article III of the U.S. Constitution and lesser courts created by Congress under Article I Section 8 power (for example, see 28 U.S.C. § 43). District courts function as trial courts. The federal system also has trial courts of special and exclusive jurisdiction that decide specific types of controversies such as copyright or bankruptcy issues. Appeals from the district and special courts are taken to the court of appeals for the judicial circuit in which the district court sits--the United States is divided into eleven circuits (plus DC and the special Federal Circuit). Appeals from the circuit courts are taken to the Supreme Court (State court appeals can also be taken to the Supreme court if the case involves a federal question such as a Constitutional issue).

Federal Courts have limited subject matter jurisdiction. They can only hear cases that fall both within the scope defined by the constitution in Article III Section 2 and Congressional statutes (See 28 U.S.C. §1251, §1253, §1331, §1332).

The Federal Courts as a Franchise: Rethinking the Justifications for Federal Question Jurisdiction

You can only find justice in State courts, not in Federal Courts. As demonstrated by looking for “justice” in Article III, it’s not there, however you will find the term “justice” in Article IV - States, Citizenship, New States.

A case can be moved from a State court to a Federal court by showing cause. Cause has to be a constitutional issue.

“Eliminating, then, from the opinions of this court all expressions unnecessary to the disposition of the particular case, and gleaning therefrom the exact point decided in each, the following propositions may be

considered as established:

 1. That the District of Columbia and the territories are not states within the judicial clause of the Constitution giving jurisdiction in cases between citizens of different states;

 3. That the District of Columbia and the territories are states as that word is used in treaties with foreign powers, with respect to the ownership, disposition, and inheritance of property;

 4. That the territories are not within the clause of the Constitution providing for the creation of a supreme court and such inferior courts as Congress may see fit to establish;” Downes v Bidwell 182 US 244

"We therefore decline to overrule the opinion of Chief Justice Marshall: We hold that the District of Columbia is not a state within Article 3 of the Constitution. In other words cases between citizens of the District and those of the states were not included of the catalogue of controversies over which the Congress could give jurisdiction to the federal courts by virtue of Article 3. In other words Congress has exclusive legislative jurisdiction over citizens of Washington District of Columbia and through their plenary power nationally covers those citizens even when in one of the several states as though the district expands for the purpose of regulating its citizens wherever they go throughout the states in union" National Mutual Insurance Company of the District of Columbia v. Tidewater Transfer Company, 337 U.S. 582, 93 L.Ed. 1556 (1948)