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pobierz - Uniwersytet Warmińsko - Mazurski

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Federalism and the American court organization391Throughout its first century, the Supreme Court was responsible fordeciding most civil appeals, and the justices had little control over a docketthat was increasingly overcrowded. The establishing circuit courts of appealsin 1891 authorized the justices to grant review through certiorari and allowedthe courts of appeals to certify other cases for appeal to the high Courtat the same time that it restricted the right of automatic appeal to theSupreme Court. The Judges Bill of 1925 further increased the justices’ discretionin determining what cases to hear. In 1988 Congress eliminatedalmost all types of mandatory jurisdiction 34 .It is worth mentioning that the Supreme Court has exercised only limitedadministrative authority over the federal courts. In 1934 Congress grantedthe Supreme Court responsibility for drafting rules of federal procedure.In 1939 law creating the Administrative Office of the U.S. Courts providedthat that the Supreme Court would appoint its director. Congress changedthe law in 1990, vesting that authority in the Chief Justice, in consultationwith the Judicial Conference. The Chief Justice also chairs the board of theFederal Judicial Center 35 .It should be underlined that the Supreme Court of the United States isa part of the federal court system, but it has a hybrid function. It exercisesappellate jurisdiction over cases appealed from the United States Courts ofAppeals, but it also exercises appellate jurisdiction over state courts as tofederal issues. The Supreme Court is the only court that is specificallycreated by the Constitution. However its composition and jurisdiction aredetermined by Congress. These days (since 1868) it consists of a total of ninejudges: eight associate justices and one Chief of Justice of the United States.The Court is located in Washington, D.C. and hears every case en banc. Allnine justices sit together and make final decision in all cases.There are two ways to review in the U.S. Supreme Court: an appeal as amatter of right and the discretionary grant of writ of certiorari. Very fewcases fall into the category of appeals as of right, so as a practical mattercertiorari is the only way to gain Supreme Court review. Certiorari means to‘bring up the record’, an essential first step for review of a case by anappellate court. By exercising its appellate certiorari jurisdiction over casesinvolving issues of federal law coming from the lower federal courts and thehighest courts of the states, the Court maintains the supremacy and consistencyof federal law. Certiorari grants are decided according to the voting offour Justices. As in the case with the state supreme courts exercising discretionaryjurisdiction, the Supreme Court does not view its role as one of34 W. Burnham, op. cit., p. 172.35 More information connected with the history of the United States Supreme Court see,e.g., “The Supreme Court of the United States and the Federal Judiciary”, [online] , date of access: 11.01.2010.

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