Title: THE SUPREME COURT OF THE UNITED STATES
1THE SUPREME COURTOF THE UNITED STATES
2Preview
- History
- Sources of law in the USA
- State and federal courts
- Jurisdiction of the Supreme Court
- Judicial appointments
- Cases
3THE COLONIAL PERIOD
- Judicial functions closely intertwined, often
even fused, with legislative and executive ones - The hightest court the royal council, which was
also the upper house of the legislature
4CONFEDERAL PERIOD
- During the Confederation period 13 independent
state legal systems - No unifying national judiciary
- The Founding Fathers each state would maintain
its own court system, but national legal
uniformity had to be created
5THE CONSTITUTION
- The Constitution shall be the supreme Law of the
Land (Article VI) providing for a national
judiciary (Article III) - Established the Supreme Court at the top of the
national system and left the creation of other
federal courts to Congress - State courts established under state
responsibility
6SOURCES OF LAW IN THE U.S.
- The Constitution
- Common law
- Statutes
- Treaties
7Dual Structure of Courts
- State and federal
- Jurisdiction often overlaps a single act can
violate both federal and state law - 5th Amendment prohibits double jeopardy retrial
on the same charge after an acquittal trial in
both a state and a federal court has not ben
interpreted as constituting double jeopardy
8State courts
- Inferior or Petty Trial Courts (minor civil or
criminal matters JPs) - General Trial Courts (criminal and civil cases)
- State Courts of Appeal
- State Supreme court
9FEDERAL COURT SYSTEM
- District Courts
- Courts of Appeals
- The Supreme Court
10FEDERAL COURTS OF APPEALS
- Cases on appeal from district courts no jury, no
witnesses - 1) irregularities such as prejudice by the court,
use of illegal evidence, or other violations of
Constitutional rights, 2) constitutionality of a
law - Decisions made by a panel of three or more judges
- In most cases, decisions are accepted as final,
thereby ending the case
11THE SUPREME COURT OF THE UNITED STATES
- Apellate jurisdiction considers only cases
involving new or important legal principles - Original jurisdiction cases involving
ambassadors, foreign ministers, and consuls,
disputes between states - Judicial review
12JUDICIAL REVIEW
- The power of the Supreme Court
- 1) to determine whether laws are in harmony with
the Constitution and - 2) for such laws as are in conflict with the
Constitution, to declare them invalid, void, and
unconstitutional
13The American Judiciary
- Selected by appointment or election
- Federal judges nomination by the President,
confirmation by the Senate - All federal judges are appointed to serve during
good behavior life-time appointment - Impeachment the only means of removal
14Judicial appointments
- Franklin Roosevelt 9
- Richard Nixon 4
- Gerald Ford 1
- Ronald Reagan 3
15Articles
- Article I The Legislative Branch
- Article II The Executive Branch
- Article III The Judicial Branch (1. The Federal
Courts Supreme and Lower Courts Tenure and
Salary of Judges, 2. Jurisdiction of the Federal
Courts, 3. Treason) - Article IV Relations Among the States and with
the Federal Government
16Articles
- Article V Proposing and Ratifying Amendments to
the Constitution - Article VI Miscellaneous Provisions
- Article VII Ratification of the Constitution
Assent Required of Nine States
17AmendmentsThe Bill of Rights (1791)
- I Freedom of Religion, Speech, Press, Assembly,
and Petition - II Right to a State Militia and to Bear Arms
- III Regulations for Quartering of Troops
- IV No Unreasonable Searches and No Vague Search
Warrants - V Rights of Accused Persons Protection of
Private Property
18AmendmentsThe Bill of Rights (1791)
- VI Further Rights of Accused Persons
- VII Trial by Jury in Most Civil Cases
- VIII No Excessive Bail or Cruel Punishment
- IX Unlisted Rights Reserved to the People
- X Powers Reserved to the States or People
19Fifth Amendment
- A person accused of a crime may not be tried
twice for the sam offence no double jeopardy - He may not be compelled to be a witness against
himself no self-incrimination - No person may be deprived of life, liberty, or
property without due process of law
20Sixth Amendment
- Rights of accused persons
- Right to a speedy trial, to impartial jury,
defense councel - To know the charges against him, confront hostile
witnesses, and obtain friendly witnesses
21PROTECTION OF RIGHTS AND LIBERTIES
- Rights and liberties duties
- Freedom of speech duty to speak honestly and
with a full knowledge of the facts - Freedom of religion duty to respect the freedom
of others whose religion is different - The right to vote duty to know the candidates
and the issues in an election - The right to trial by jury duty to respond
willingly when called for jury service
22Major Supreme Court Rulings
Case Amendment Effect
Miranda v. Arizona (1966) 5th, 6th Confessions not admissible unless warnings given
Klopfer v. North Carolina (1967) 6th Speedy trial must be guaranteed in all courts
Benton v. Maryland (1969) 5th Prohibition against double jeopardy
23DECLARING FEDERAL LAWS UNCONSTITUTIONAL Dred
Scott vs. Sanford (1857)
- Issue Dred Scott, a negro slave, taken by his
master to the Minnesota region (according to the
1820 Missouri Compromise a free territory) - Then brought back to Missouri, a slave state.
- To create a test case, the abolitionists had Dred
Scott sue for his freedom on the grounds that his
residence in free territory had made him a free
man
24Dred Scott vs. Sanford (1857)
- Decision Chief Justice Roger Taney stated that a
Negro slave was not a citizen and could not bring
suit for his freedom in a federal court. - This statement would have sufficed to conclude
the case. Taney, however, wanted to end the
slavery controversy by a judicial pronouncement.
25Dred Scott vs. Sanford (1857)
- Conclusions
- A) slaves are property
- B) Congress may not deprive any person of the
right to take property into federal territories,
and consequently - C) The Missouri Compromise, a federal law which
prohibited slavery in part of the Louisiana
Territory, was declared unconstitutional
26CONSEQUENCES
- -The South elated, the North indignant
- - Northern newspapers the decision is the
Moral Assassination of a Race and Cannot be
Obeyed - - The decision
- 1) blackened Taneys reputation,
- 2) did not prevent the Civil War,
- 3) temporarily weakened but did not destroy
the power and prestige of the Supreme Court.
27DECLARING STATE LAWS UNCONSTITUTIONAL Gibbons
vs. Ogden (1824)
- Issue Aaron Ogden, operating under a New York
State monopoly grant, ran a ferry on the Hudson
River between New York and New Jersey. - Thomas Gibbons ran a competing line under a
federal license. - Ogden sued to halt Gibbons won in the New York
State court - The case - appealed to the Supreme Court
28Gibbons v. Ogden (1824)
- Decision New Yorks grant of a Hudson River
monopoly to Ogden declared invalid. - The grant violated the Constitutions delegation
of interstate commerce to federal control. - The decision prepared the way for federal
regulation of railroads, buses, airlines, radio
and television broadcasting, business
organizations, etc. when engaged in interstate
commerce
29AMENDMENT XIV Protection of Civil Liberties
Against State Infringment (1868)
- Section 1. Definition of Citizenship Due Process
of Law and Equal Protection of the Laws. All
persons born or naturalized in the United States
and subject to the jurisdiction thereof, are
citizens of the United States and of the state
wherein they reside. No state shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States, nor shall any state deprive any
person of life, liberty, or property, without due
process of law, nor deny to any person within its
jurisdiction the equal protection of the laws
30REVERSALSSegregation Plessy vs. Ferguson (1896)
- The Supreme Court by 8 to 1 held constitutional a
Louisiana law requiring segregation by race of
railroad passengers - did not violate the equal protection of the
lawsclause in the 14th Amendment (1868) provided
that facilities were separate but equal - The lone dissenter, Justice John Marshall Harlan
that the separation of citizens on the basis of
race is inconsistent with equality before the
law our Constitution is color-blind, and
neither knows nor tolerates classes among
citizens.
31Brown vs. Board of Education of Topeka (1954)
- Mexican-American children kept in segregated
schools with inferior facilities - Chicano leaders demanded upgrading of facilities,
bilingual teachers instruction in Spanish, the
teaching of English as a second language, courses
in Chicano history and culture
32Brown vs. Board of Education of Topeka (1954)
- The Supreme Court unanimously held that racial
segregation in public schools violated the
Fourteenth Amendment - Southern state legislatures protested that the
Federal Government has no Constitutional power
over education - States control education, but must provide all
children with equal protection of the law
33Brown vs. Board of Education of Topeka (1954)
- We conclude that, in the field of public
education, the doctrine of separate but equal
has no place. Separate educational facilities are
inherently unequal. Therefore, we hold that the
plaintiffs and others similarly situated for whom
the actions have been brought are, by reason of
the segregation complained of, deprived of the
equal protection of laws guaranteed by the
Fourteenth Amendment. This disposition makes
unnecessary any discussion whether such
segregation also violates the Due Process Clause
of the Fourteenth Amendment
34PROTECTION OF RIGHTS AND LIBERTIESFreedom of
Speech and Press Feiner vs. New York (1951)
- Issue Irving Feiner, a university student, urged
Negroes to rise up in arms and fight for their
rights - Requested by the police to stop, he refused and
was arrested. - F. appealed his conviction for disorderly conduct
as a violation of his freedom of speech
35Feiner vs. New York (1951)
- By a 6 to 3 decision, the Supreme Court upheld
the conviction - Speaking for the majority, Chief Justice Fred
Vinson declared that Feiner had attempted
incitement to riot and created a clear danger
of public disorder
36Freedom of ReligionEngel vs. Vitale (1962)
- Issue Steven Engel and other parents,
representing various religious views, sued to
stop the New Hyde Park, New York, school board
from requiring their children to recite a short,
nondenominational prayer. The parents claimed
that by the so-called Regents Prayer, New York
State was establishing a religion
37Engel vs. Vitale
- Majority opinion that the Regents Prayer was
a religious activity sponsored by New York State
and that while not a total establishment of one
particular religious sect to the exclusion of all
others, it was a dangerous step in violation of
the First Amendment - The Supreme Court, by 6 to 1, held the Regents
Prayer unconstitutional
38Rights of Accused PersonsMiranda vs. Arizona
(1966)
- Issue Self-Incrimination and Right to Counsel
- Ernesto Miranda - picked up by the police for
kidnapping and assaulting a young woman. - Placed in a police lineup, identified by the
victim and confessed his guilt. - His confession- used in court and helped to
convict him
39Miranda vs. Arizona
- The case - appealed on the ground that the police
had denied the suspect his Constitutional
protection against self-incrimination - The majority opinion before questioning, the
police must inform the suspect of his rights to
remain silent and to legal counsel, must provide
counsel, and must warn the suspect that his
remarks may be used against him
40CONCLUSION JUDICIAL INTERPRETATION
- The Supreme Court a major role in assuring
flexibility in the Constitution by - A) judicial review of federal and state laws
- B) the Supreme Court has proved willing to
reverse itself with its newer decisions in many
cases reflecting more modern interpretations of
the vague terminology in the Constitution
41Legal terms
- On the merits refers to a legal decision based on
the facts in evidence and the law pertaining to
those facts, because the judge considers
technical and procedural defenses to be overcome
or irrelevant.
42Legal terms
- A party to a lawsuit
- Litigant
- A case before a court
- lawsuit
- The power of a court to hear and decide a case
- jurisdiction
43Legal terms
- The hearing of a civil or criminal case before a
court of competent jurisdiction - Trial
- An application for judicial examination by a
higher tribunal of the decision of any lower
tribunal - appeal
44Put the verbs into the appriopriate forms
- All federal judges___(appoint, passive), as
___(spell out) in the Constitution, to serve
during good behaviour. This is effectively
life-time appointment because impeachment ___(be)
the only means of removal. Eleven federal judges
___(impeach, passive), and eight others (resign)
in the face of imminent impeachment of the
thousands who ___(hold) office since 1789 only 4
___(remove, passive) following impeachment.
45Put the verbs into the appropriate forms
- In addition, the Constitution ___(provide) that
their salaries may not ____(reduce, passive)
while they serve. Thus, although the judges
____(choose, passive) by a political process
nomination by the president and confirmation by
the Senate they ___ relatively ____(isolate,
passive) from political pressures once on the
bench.
46Key
- All federal judges are appointed, as spelled out
in the Constitution, to serve during good
behaviour. This is effectively life-time
appointment because impeachment is the only means
of removal. Eleven fedral judges have been
impeached, and eight others resigned in the face
of imminent impeachment of the thousands who
have held office since 1789 only 4 have been
removed following impeachment.
47Key
- In addition, the Constitution provides that their
salaries may not be reduced while they serve.
Thus, although the judges are chosen by a
political process nomination by the president
and confirmation by the Senate they are
relatively isolated from political pressures once
on the bench.
48Fill in the missing words appellate, hear,
original, suits, tried
- The United States Supreme Court is primarily the
chief ____ court though it has ____jurisdiction
(i.e., authority to ____ cases not yet
___elsewhere) as well. Most original ____ involve
a state suing another state, which the Court must
hear.
49Key
- The United States Supreme Court is primariy the
chief appellate court though it has original
jurisdiction (i.e., authority to hear cases not
yet tried elsewhere) as well. Most original suits
involve a state suing another state, which the
Court must hear.
50ambassadors, citizens, decided, diplomatic, Suits
- ___ by a state against the United States, suits
by one state against aliens or ___ of another
state, and those involving ___and other
___personnel may also originate here. Since the
founding of the Supreme Court, only about one
hundred original suits have been___.
51Key
- Suits by a state against the United States, suits
by one state against aliens or citizens of
another state, and those involving ambassadors
and other diplomatic personnel may also originate
here. Since the founding of the Supreme Court,
only about one hundred original suits have been
decided.
52appeals, discretion, federal Litigants, reviewing
- Most of the Courts work involves ___, state and
local cases or resolving___ from federal
decisions. ___ from either state or ___courts may
request the Court to review any case, and the
Court has ___ to grant or refuse request.
53Key
- Most of the Courts work involves reviewing state
and local cases or resolving appeals from federal
decitions. Litigants from either state or federal
courts may request the Court to review any case,
and the Court has discretion to grant or refuse
request.