the supreme court. “we are under a constitution, but the constitution is what the judges say it...
TRANSCRIPT
The Supreme The Supreme CourtCourt
The Supreme CourtThe Supreme Court
““We are under a Constitution, but theWe are under a Constitution, but the
Constitution is what the judges say it Constitution is what the judges say it is.”is.”
- Oliver Wendell Holmes- Oliver Wendell Holmes
I. Developing Supreme Court PowerI. Developing Supreme Court Power
A.A. The Supreme Court has The Supreme Court has become the most become the most powerful court in the powerful court in the world; its power world; its power developed from custom, developed from custom, usage, and historyusage, and history
B.B. No federal court may No federal court may initiate actioninitiate action
C.C. Federal courts only Federal courts only determine cases; they determine cases; they never simply answer a never simply answer a legal questionlegal question
I. Developing Supreme Court PowerI. Developing Supreme Court Power
D.D. Chief Justice Marshall’s Chief Justice Marshall’s ruling in ruling in Marbury v. Marbury v. Madison Madison (1803) gave the (1803) gave the court the power to court the power to review acts of Congress review acts of Congress – – judicial reviewjudicial review
E.E. Marshall broadened Marshall broadened federal power at the federal power at the expense of the statesexpense of the states
II. Supreme Court JurisdictionII. Supreme Court Jurisdiction
A.A. Has both original and Has both original and appellate jurisdictionappellate jurisdiction
B.B. Nine Judges: eight Nine Judges: eight associate justices and associate justices and one chief justiceone chief justice
C.C. Duties not defined by Duties not defined by Constitution – but have Constitution – but have evolved from laws and evolved from laws and through traditionthrough tradition
D.D. Main duty is to hear and Main duty is to hear and rule on casesrule on cases
Chief Justice John Roberts
II. Supreme Court JurisdictionII. Supreme Court Jurisdiction
E.E. Chief Justice presides over Chief Justice presides over sessions and conferencessessions and conferences
F.F. Law clerks help them Law clerks help them research cases, summarize research cases, summarize key issues in cases, and key issues in cases, and assist in writing drafts of assist in writing drafts of justices’ opinionsjustices’ opinions
G.G. Most justices have been Most justices have been federal or state judges or federal or state judges or have held other legal have held other legal positions such as attorney positions such as attorney generalgeneral
Justice Clarence Thomas
II. Supreme Court JurisdictionII. Supreme Court Jurisdiction
H.H. Most have considerable Most have considerable legal experience, are in legal experience, are in their 50s or 60s, and their 50s or 60s, and come from upper come from upper socioeconomic levelssocioeconomic levels
Justice Antonin Scalia
III. Appointing JusticesIII. Appointing Justices
A.A. Appointed by President Appointed by President and approved by the and approved by the SenateSenate
B.B. Politics plays a big role. Politics plays a big role. President picks members President picks members of his own partyof his own party
C.C. American Bar Association American Bar Association rates the nominee’s rates the nominee’s qualificationsqualifications
D.D. Sitting justices may have Sitting justices may have considerable influence.considerable influence.
Justice Sonia Sotomayor
IV. How the Court Operates IV. How the Court Operates
A.A. CaseloadCaseload1.1. 8,000 cases appealed to the 8,000 cases appealed to the
Court each yearCourt each year
2.2. At least four justices must At least four justices must agree to hear the caseagree to hear the case
3.3. Fewer than 100 cases a Fewer than 100 cases a yearyear
B.B. Oral ArgumentsOral Arguments1.1. Public sessions Mondays, Public sessions Mondays,
Tuesdays, and WednesdaysTuesdays, and Wednesdays
2.2. Attorneys have 30 minutes Attorneys have 30 minutes to make their caseto make their case
Justice Ruth Bader Ginsburg
IV. How the Court Operates IV. How the Court Operates
C.C. BriefsBriefs
1.1. Each side presents Each side presents detailed statements detailed statements supporting their casesupporting their case
2.2. Arguments built on Arguments built on relevant facts and relevant facts and the citation of the citation of previous casesprevious cases
D.D. ConferenceConference
1.1. Meet to discuss Meet to discuss casescases
2.2. Vote takenVote takenJustice Elena Kagan
IV. How the Court Operates IV. How the Court Operates
E.E. OpinionsOpinions1.1. A justice is assigned to A justice is assigned to
write the Court’s Opinionwrite the Court’s Opinion
2.2. Majority Opinion: Majority Opinion: Announces the Court’s Announces the Court’s decision and sets out the decision and sets out the reasoning on which it is reasoning on which it is basedbased
3.3. Concurring Opinion: Concurring Opinion: Written Written if a justice agrees with the if a justice agrees with the majority’s decision but not majority’s decision but not with the reasoningwith the reasoning
4.4. Dissenting Opinion: Dissenting Opinion: Written Written by those who disagree with by those who disagree with the majority’s decisionthe majority’s decision Justice Anthony
Kennedy