The Supreme Court

1
The Supreme Court

• CWP
• Magruders Chapter 18, Section 3
• Mrs. Huston

2
Equal Justice for All

• One of our most important beliefs
• Carved into the stone above the entry to the
  Supreme Court building in Washington, DC

3

• The Supreme Court is the only court created by
  the Constitution
• The office of the Chief Justice is also created
  by the Constitution
• The court is on an equal footing with the
  President and Congress

4
Members

• One Chief Justice
• Eight associate justices
• Originally there were only five associate justices

5
Highest Court

• The Supreme Court is the top of the American
  justice system
• It is the court of last resort in all matters of
  federal law
• It is the final authority in any case arising
  from the Constitution, an act of Congress, or a
  treaty of the United States

6
Judicial Review

• When the court decides the constitutionality of
  an act of government, whether that is executive,
  legislative or judicial
• While the power of judicial review isnt
  specifically mentioned in the Constitution, it is
  clear that the framers intended the courts to
  have that function.

7
Marbury v. Madison

• First instance of bringing a Constitutionality
  question to the Supreme Court
• A section of the Judiciary Act of 1789 was found
  to be unconstitutional
• Marbury was denied his appointment and the
  Supreme Court set the precedent of ruling on the
  constitutionality of acts of Congress

8
Basis

• The Constitution is the Supreme Law of the Land
• All legislative enactments and other government
  actions are subordinate to the Constitution
• Judges are sworn to uphold the Constitution and
  must refuse to enforce any governmental action in
  conflict with it

9
Effects

• Thousands of cases through the years
• Rule on constitutionality
• Interpret and apply federal law
• Significant impact on meaning over time

10
Jurisdiction

• Original
• Cases affecting ambassadors, other public
  ministers and consuls
• Cases in which a state is a party

• Appellate
• All other cases

11
Appeal

• Most cases come to the Supreme Court on appeal
• Only 1 or 2 cases per term are original
  jurisdiction
• The Supreme Court has gained gradual control over
  its caseload and now has almost complete
  authority to choose the cases it will review

12
How Cases Arrive

• Rule of Fourat least four justices must agree to
  add the case to the docket
• More than ½ are taken care of in brief orders
• remand (return) to a lower court, etc.

13
Writ of Certiorari

• the order from the Supreme Court to a lower court
  directing them to send all the records up for
  review
• Either side can request that the Supreme Court
  issue this writ
• Usually granted only if the case raises some
  important constitutional question

14
Writ of Certiorari, continued

• If it is denied, then the ruling of the lower
  court stands
• It doesnt decide the merits of the case, they
  just couldnt get four justices to agree it
  should be accepted for review

15
Certificate

• When a lower court is not clear about the
  procedure or the rule of law that should apply in
  a case
• They will request the Supreme Court certify the
  answer to a specific question in the matter

16
Sessions

• 1st Monday in October until the following June or
  July
• Terms are identified by the year in which they
  began

17
Components

• Oral Arguments
• Usually heard for several cases during a two week
  period
• Then recess for two weeks to consider those cases
• Briefs
• Written documents filed with the court before the
  oral arguments
• Detailed statements supporting one side of the
  case

18
Components, continued

• Amicus curiaefriend of the court briefs
• Filed by persons or groups who are not actual
  parties in the case, but have a substantial
  interest in the outcome
• Can be filed only at the Supreme Courts request
  or with their permission

19
Solicitor General

• Represents the United States in all cases to
  which it is party
• He/she is the Federal Governments chief lawyer
• Frequently a source of amicus briefs

20
Conference

• The justices meet in secret on Wednesdays and
  Fridays to consider the cases on which theyve
  heard oral arguments
• The Chief Justice presides and usually gives
  his/her opinion first
• The Associate Justices summarize each of their
  views, in order of seniority
• Then they debate the case
• Only about 1/3 of cases are decided unanimously

21
The Opinions

• If the Chief Justice is on the majority side,
  he/she assigns the writing of the Courts opinion
• If the Chief Justice is on the minority side,
  then the senior Associate Justice from the
  majority assigns the writing

22
Majority Opinion

• This is the official opinion of the Court
• It announces the decision
• Gives the reasoning

23
Concurring Opinion

• Written when a justice agrees with the majority
  opinion, but wants to emphasize a particular
  point not made in the majority opinion

24
Dissenting Opinion

• One or more may be written by those justices who
  disagree with the majority decision
• All records of opinion are valuable for future
  decisions in similar cases
• On rare occasions, the Supreme Court does reverse
  itself and a minority opinion could become the
  majority position in the future

25
The End