Download The United States Supreme Court

The United States
Supreme Court
• The decisions of the Supreme Court have wideranging effects because the Justices interpret the
meaning of the Constitution.
• Head of the Judicial Branch of the
Federal/National Government
• The only court established by the US Constitution
• Decisions affect the lives of all citizens of the
country
The Justices
• One Chief Justice
• Eight Associate Justices
• The number of Justices is set by Congress- has been set at
9 since 1869
• Appointed by the President and the Senate approves
• Appointed by the President and the
Senate approves
• President looks for a Justice with the
same beliefs as their own
• Serve for life (can retire or resign)
• Can be removed by Congress
• Main duty: to hear and rule on cases
Background
• They are always lawyers
• Have had successful careers practicing or
teaching law, serving as judges, or holding other
political positions
• Political support and agreement with the
President’s ideas are important in who will be
appointed (once appointed, they can make
rulings that the President doesn’t like)
Annual Salary
• Chief Justice- $258,100
• Associate Justice- $246,800
Job*
• Interpret Laws
• Original Jurisdiction- the authority to hear cases for the
1st time
• That involve diplomats
• And disputes between states
• Appellate Jurisdiction-the authority to hear a case
appealed from the lower court
• Does not hear all cases presented to them
• Cases that involve important constitutional issues
(freedom of speech, equal protection of laws, or
civil liberties)
• Declines about 97% of applications
• If declined, the decision of the lower courts
stand
• Cases must involve legal issue or National
questions
• 4 of 9 Justices must vote to hear a case
Power of Judicial Review
• The Supreme Court has the power to say
whether any Federal, State, or Local law of
government action goes against the
Constitution
• If the Supreme Court declares a law
unconstitutional, it has the power to
cancel that law
• Marbury v. Madison- the Supreme Court
claimed the power of Judicial Review
The Influence of John Marshall
• Established three principals of American law
1. The Constitution is the supreme law of the land
2. If there is a conflict between the Constitution
and any other law, the Constitution rules
3. The Judicial branch has a duty to uphold the
Constitution
The Supreme Court in Action
• Sessions begin each year in October and goes until the following
June or July
• The Supreme Court must accept the case and put it on the docket,
or calendar
• Proceedings
• 1. Lawyers for each side prepares and submits briefs (written
arguments that sides an opinion on a case)
• 2. Lawyers present oral arguments before the court (30 minutes)
• 3. Justices meet in private on most Fridays to discuss and vote on
cases
• Each justice has one vote
• Not all justices are required to vote, but 6 must be present
• The decision is announced through a written opinion
• Opinion-a detailed explanation of the legal thinking behind a
court’s decision
Opinions of the Court
• Majority Opinion- a statement that presents the views of
the majority of the Supreme Court justices regarding a
case
• Concurring Opinion- a statement written by a justice who
votes with the majority, but for different reasons
• Dissenting Opinion- a statement written by a justice who
disagrees with the majority opinion, presenting his or her
opinion
• Stare Decisis-the guiding principle for all judges
Supreme Court Can Change it
Decision
• In reaching decisions, the court takes into
account changing times, political, and
economic decisions
• They also take into account the Social
Conditions of all people and the advancing
of ideas of all people
• Examples: Plessy v. Ferguson and Brown v
Board of Education/Miranda v. Arizona and
Gideon v. Wainwright