U.S. Supreme Court

U.S. Supreme Court

• The only court specifically stated in the Constitution– Led by a chief justice

• The highest court in the nation• Justices are appointed by the President and

approved by1/2vote of the Senate• Appointments are for life “in good behavior”– Can be impeached, die, or resign

U.S. Supreme Court

• Why do you think the writers of the Constitution decided to have the justices appointed by the President and approved by the Senate instead of elected by the people?

• Why do you think the writers of the Constitution gave justices “lifelong” appointments? (consider the President-4 yrs; Senators-6 yrs; Representatives-2 yrs)

U.S. Supreme Court

• Currently 9 justices are on the court– Chief Justice JOHN ROBERTS – Associate Justices:, ANTONIN SCALIA, ANTHONY M. KENNEDY,

CLARENCE THOMAS, RUTH BADER GINSBURG, STEPHEN G. BREYER, SAMUEL A. ALITO JR., SONIA SOTOMAYOR, ELENA KAGEN

• Has both appellate and original jurisdiction

U.S. Supreme Court

• Judicial Review: the power to decide the constitutionality of an act of government– Makes the Supreme Court the final authority on

the meaning of the Constitution

• Marbury v. Madison (1803): established the power of judicial review and the first time the court used it

Marbury v. Madison, 1803

• Marbury v. Madison, 1803– The Federalists lost the

Election of 1800– Congress created several

federal judgeships– John Adams filled the

new positions

Marbury v. Madison, 1803

• William Marbury’s appointment was approved by the Senate on 3-3-1801

• Jefferson took office on 3-4-1801

• Noticed appointments were not delivered

• Ordered Madison not to deliver appointments

Marbury v. Madison, 1803

• Marbury went to the Supreme Court

• Based his suit on a provision in the Judiciary Act of 1789 which said he could take his case directly to the Supreme Court

• The Decision:– A unanimous decision

declared that the Judiciary Act of 1789 was unconstitutional

– Marbury lost since his suit was based on an unconstitutional law

U.S. Supreme Court• The Court receives 8000-

10,000 petitions each term; agree to hear about 100 cases

• The term begins on the first Monday in October; break in June/July

• When a case is appealed to the Court it can:– Allow the lower court ruling

to stand– Send the case back to the

lower court to reconsider it– Agree to hear the case

U.S. Supreme Court• Rule of 4: court needs 4/9

justices to agree to put a case on the court’s docket

• May not grant cert if– A similar case has already

been decided– Not ready to deal with the

issue– Not a relevant constitutional

issue• Writ of Certiorari: an order

by the Court directing a lower court to send up the record in a given case for its review

How the Court Operates

• Once a case is accepted the Court sets a date the arguments will be heard

• 2 week cycles• 10am on M,T, W and

sometimes TH

• Lawyers get 30 minutes to argue their case– White light flashes when

5 minutes remain– Red light means time is

out

How the Court Operates

• Briefs: written documents filed with the Court before oral arguments begin– Detailed statements supporting one side of the

case– Summarizes facts and case law– Many are hundreds of pages

• Amicus curiae: friend of the court briefs filed by people who have a vested interest but are not part of the case

Court in Conference

• Wed and Fri justices meet in conference– Confidential meetings where they consider the cases

in which they have heard oral arguments– Chief Justice presides over conference– After each justice is “polled” they debate the case

• Opinions: if Chief Justice is in the majority, he assigns the writing of the opinion; when Chief Justice is in the minority assignment is done by the senior associate justice on the other side

Opinions

• Majority opinion: standing opinion– Stand as precedents

• Concurring opinion: agree with majority but for different reasons

• Dissenting opinion: disagree with majority