Federal vs. State Jurisdiction
Carmen Devorah Williams
Liberty University
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Federal vs. State Jurisdiction
“You must first enable the government to control the governed; and in the next place
oblige it to control itself” (James Madison, Federalist No. 51. 1788).
In the United States of America, there are two types of courts, federal and state.
Federal courts are created under the Constitution to determine debates involving the
Constitution and laws passed by Congress. State courts are created by a state which
includes local courts created by cities, counties, and other municipalities. The
differences between federal and state courts are defined mainly by jurisdiction. Federal
court jurisdiction hears lawsuits against the United States and those involving specific
federal laws (e.g., criminal, antitrust, bankruptcy, patent, copyright, and some maritime
cases). State courts have a broad jurisdiction and hear cases involving individual
citizens (e.g., robberies, traffic violations, contract breaches, family disputes, and
probate). This student will be comparing the federal court system to that of my state
and city of residence, Kansas City, Missouri.
Kansas City, Missouri is home to the largest municipal government in the state
and is the seat of the Western District of Missouri Court of Appeals, Federal
representation. The diagram below represents the fundamental idea behind
Federalism, where the power of government is divided between one national
government and state or regional government. This student is comparing the federal
court system to the Missouri court system.
DUAL COURT SYSTEM
(The Judicial Learning Center, 2015)
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The municipal division (lower court) handles municipal ordinance violations, such
as traffic offenses and housing code violations. Municipal division judges are selected in
the manner provided by municipal ordinance. The judges of Kansas City Municipal
Division (Jackson County), Judicial Circuit 16 are: Anne J. LaBella, Presiding Municipal
Judge, Ardie A. Bland, Corey A. Carter, Katherine B. Emke, Elena M. Franco, Joseph
Locascio, Todd D. Wilcher, and Courtney A. Wachal.
In most counties, circuit judges are elected by popular vote, but in Jackson
County and 4 other counties, they are selected pursuant to the merit-based nonpartisan
court plan. The number of circuit judges in each circuit is set by the legislature; each
circuit must have at least one circuit judge. A circuit judge is elected by all the circuit and
associate circuit judges in that circuit to serve as the presiding judge, who serves as the
chief administrative officer over all circuit divisions. All legal cases, with the exception of
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specific administrative proceedings and most cases involving unprecedented solutions,
originate in the circuit court. It has general authority over all civil and criminal matters.
Sarah W. Hays is the Presiding Judge and a couple of other circuit judges for Judicial
Circuit 16 are: John T. Maughmer, and James C. England.
The Missouri Court of Appeals is the intermediate appellate court. It handles
appeals from the circuit courts. The Court of Appeals is divided into three districts and
Jackson County (one of the 66 counties) is located within the seat of the Western
District of Missouri Court of Appeals Federal representation. The court is based in the
Charles Evans Whittaker Court House in Kansas City. All appellate judges, including
those on the Supreme Court, are selected pursuant to the nonpartisan court plan and all
Court of Appeals judges serves 12-year terms. A chief judge is elected by the judges in
the district and serves for two years. There are 11 appellate judges in of the Western
District of Missouri Court of Appeals Federal representation and a few are Chief Justice
David Gregory Hayes, Judge Mary Elizabeth Philips, and Judge Dean Whipple.
Human sinfulness and the need for spiritual redemption presented a reason for
God to establish laws, covenants, leaders, and structure. In Deuteronomy 16:18-18:22
Moses spoke about the leaders (judges and officers) God ordains to keep His order
within the nation. Moses spent a large amount of time teaching God’s laws, commands,
statutes, and ordinances to the Israelites. The Apostle Paul admonished respect for
government, “Let every person be subject to the governing authorities; For there is no
authority except from God, and those that exist have been instituted by God” (ESV,
Romans 13:1; Compare 1 Peter 2:13; Acts 25:11; Proverbs 8:15).
Missouri is a very conservative state and adheres to the Constitution and a
Biblical foundation (e.g., capital punishment, opposition to same sex marriage, Good
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News club in public schools, 2nd amendment rights). Although law enforcement, the
courts, and corrections are not perfect, criminal justice in the United States is one of the
most extensive and complex in the world; however, it is increasingly apparent that the
rights of Christians are being challenged by SCOTUS and other factions. The
arrogance of our leaders and their ignorance respecting the Constitution and the Eighth
Commandment is a path to the fifth plank of communism. Executive power is being
used excessively by an intransigent President to surpass Congress, which can result in
despotism. Christians are now being tested in regards to their faith as the early
Christians were. History is repeating itself and like Rome, America has become morally
bankrupt and is on the decline. Many in our government today do not understand
Constitutional law and the Bill of Rights; they guilelessly are nefarious and have a
maleficent social agenda which they are imposing on the people of the United States of
America. It is time to return our country to what the Pilgrims and our forefathers
intended, “One Nation under God, with Liberty and Justice for All” (Publications USA,
2015; Psalm 33:12).
References and Sources
Judicial Learning Center. (2015). Diagram: Dual court system. St. Louis, MO. Retrieved
from http://judiciallearningcenter.org/state-courts-vs-federal-courts/
Missouri. Gov. (2015). Missouri government: Judicial Branch. Jefferson City, MO.
Retrieved from http://www.mo.gov/government/judicial-branch/
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Publications USA.gov. (2015).The pledge of allegiance. Washington, DC. Retrieved
from http://publications.usa.gov/epublications/ourflag/pledge.htm
Neubauer, D.W., & Fradella, H.F. (2014). America’s courts and the criminal justice
system (11th ed.). Belmont, CA: Wadsworth.
