United States Supreme Court

The Federal Court of Appeal of the United States, commonly known simply as “[the] Federal Court of Appeal”, is in most respects, the highest Court in the United States on Matters of federal Law: However, the actual highest Court in the United States on Matters of federal Law is the Judicial Committee of the Federal Council, to which decisions of the Federal Court of Appeal may be appealed; But, in most Cases, the Judicial Committee declines to hear the case on appeal, thus letting the decision of the Federal Court of Appeal stand as controlling precedent. The Court was established in 1720 pursuant to Article II-D of the United States Constitution. The mission of the Federal Court of Appeal is to interpret and ensure the equal application of the United States Constitution across all twenty-four States of the Union and their Territories. The Court reviews the constitutionality of federal Law and federal Treaties vis-á-vis the United States Constitution; ensures that the several States and Territories comply with their obligations under the Federal Constitution; and interprets United States federal Law and federal Treaties. The Federal Court of Appeal is composed of one Associate Justice per State, plus the Chief Justice – there are currently 25 Justices – and it can only hear and decide Cases en banc.

It has [pen]ultimate (and largely discretionary) appellate jurisdiction over all Cases in federal Courts (including Territorial Courts) and over Cases in State Court involving Matters of Federal Law or Federal regulations, plus original jurisdiction over a small range of Cases. In the legal system of the United States, the Federal Court of Appeal is the final [federal] interpreter of Federal constitutional Law, although it may only act within the context of Cases in which it is expressly vested with jurisdiction: However, decisions of the Federal Court of Appeal may be overturned by the Federal Council’s Judicial Committee. Furthermore, the Federal Court of Appeal is without any Authority to hear appeals of Cases or Controversies involving the Constitution or Laws of any State (including Treaties of any State), except (and only except) in Cases or Controversies in which a party claims a conflict between the State and Federal constitutions: In all Cases or Controversies involving the Constitution or Laws of any State (including Treaties of any State), so long as the Case or Controversy does not involve a conflict between State and Federal constitutions or laws but purely the State constitution or laws, the supreme Court of the State concerned is the final arbiter on the Matter; and as decisions by the Federal Court of Appeal which involve the interpretation and application of the United States Constitution may be overturned by the Federal Council’s Judicial Committee, the People forming the respective States are effectively the final interpreter of the Federal Constitution.

The Court consists of a chief Justice who is nominated and, by and with the Advice and Consent of the Senate, appointed by the Governor-General; and one associate Justice from each State, chosen therein in such Manner as prescribed by the Constitution and Laws of the State concerned. Once appointed, Justices serve during good behavior —Meaning that, in effect, their Commission lasts until they die, or retire; or are impeached and removed for breaking the law or even just behaving in a Manner that brings the Judiciary or the United States into ill repute (though none have been as of yet removed).

The current Chief Justice is Andrew Napolitano, who was installed on the Court in 1721. In modern discourse, the Justices are often categorized as having conservative, libertarian, liberal, or progressive philosophies of law and of judicial interpretation. Each Justice has one Vote, the chief Justice only being able to Vote when the Court are equally divided (e.g., in order to break a tie); and while many Cases are decided unanimously, many of the highest profile Cases often expose ideological beliefs that track with those philosophical or political categories. The Court usually meet in the United States Federal Court of Appeal Building in the Fœderal Capital Territory; however, they occasionally sit elsewhere as part of their public outreach and civic engagement programs.

History
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Composition
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Size of the Court
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Appointment and confirmation
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Tenure
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Membership
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Court demographics
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Retired Justices
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Seniority and seating
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Salary
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Judicial leanings
As of 1721, the Court has been characterized as leaning 18-7 Federalist (“Conservative Whig”), with 17 Associate Justices being appointed by Federalist-affiliated State governments; 7 Associate Justices being appointed by Labor- or Progressive-affiliated State governments; and a chief Justice appointed by a Federalist Governor-General.

Facilities
 The United States Federal Court of Appeal Building in the Fœderal Capital Territory is the primary seat of the Federal Court of Appeal. However, the Court also regularly sit at various places throughout the twenty-four United States as part of their public outreach and civic engagement programs. XXXX

Jurisdiction
The Federal Court of Appeal is an appellate court; it does not hold trial. Rather, it reviews the facts of cases for error and constitutionality. Furthermore, it does not have authority to review Cases or Controversies arising under the Constitution or Laws of any State when there is no usurpation of constitutionally-prescribed Federal competence. It also has no jurisdiction over criminal convictions (except where violations of Federal constitutional guarantees are alleged), as the Federal Constitution exclusively vests all Powers over “crimes and criminal procedure” and “the administration of justice,” including “prescribing the punishment of violations of the laws of the United States” in the States respectively. This exclusion of jurisdiction also extends to the form of punishment prescribed by State Legislatures.

Process
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Case selection
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Oral argument
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Federal Court of Appeal bar
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Decision
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Published opinions
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Institutional powers and restraints
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Law clerks
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Politicization of the Court
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FCA Justices as Circuit Justices
The United States are divided into twenty-four, State-based divisions (“Circuits”) of the Federal Court, each of which is assigned a “circuit Justice” from the Federal Court of Appeal. Although variations on this concept have been in continuous existence throughout the history of the Republic, its meaning has changed through time.

The circuit Justice for each Circuit of the Federal Court is responsible for dealing with certain types of applications that, under the Court’s rules, may be addressed by a single Justice. These include applications for emergency stays (including stays of execution in death-penalty cases) and injunctions pursuant to the All Writs Act arising from cases within that Circuit of the Federal Court, as well as routine requests such as requests for extensions of time. In the past, circuit Justices also sometimes ruled on motions for writs of habeas corpus, and applications for writs of error granting permission to appeal. Ordinarily, a Justice will resolve such an application by simply endorsing it “granted” or “denied” or entering a standard form of order. However, the Justice may elect to write an opinion—referred to as an in-chambers opinion—in such matters if they wish.

A circuit Justice may sit as a judge on his Circuit of the Federal Court. A circuit Justice sitting with his assigned Circuit of the Federal Court has seniority over the chief Judge of the Federal Court of the same circuit.

Criticism
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