The Supreme Court The Supreme Court The Supreme

The Supreme Court

The Supreme Court • The Supreme Court is the only court specifically created by the Constitution. • The Supreme Court is the court of last resort in all questions of federal law. – It is the final authority in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the United States.

Who sits on the Supreme Court? • There is one Chief Justice of the Supreme Court. – Chief Justice John Roberts • Along with the Chief Justice there are eight associate Justices. – Sonia Sotomayer, Stephen Breyer, Samuel Alito, Elena Kagan, Clarence Thomas, Antonin Scalia, Anthony Kennedy, and Ruth Bader Ginsburg. • All Justices are nominated by the President and confirmed by the Senate. The Justices can serve for life.

Marbury v. Madison • This is the first case where the Court asserted its power of Judicial review. • President Adams attempted to pack the courts with Federalists prior to leaving office in 1800. • When President Jefferson became President he prevented the appointment of these Judges. • William Marbury brought this case to the Court. – Chief Justice John Marshall declared that the act of Congress that Marbury was using to Justify his suit was invalid – This established the power of Judicial Review.

Judicial Review • Judicial Review is the power to decide the constitutionality of an act of government. – It can exercise this power over the executive, legislative, and Judicial branches. – The Supreme Court is the final authority on the meaning of the Constitution. • The power of judicial review is not specifically stated in the Constitution.

Supreme Court Jurisdiction • The Supreme Court has both original and appellate jurisdiction. – Most of the cases reach the Supreme Court on appeal from the lower federal courts. • Article III section 2 of the Constitution states that the High Court has original jurisdiction in two areas – In cases where in which a State is a party – Those affecting ambassadors, other public ministers, and consuls. • The Court has the option to exercise its jurisdiction over any case that fit into those catagories

How cases reach the court • Over 8000 cases are appealed to the Supreme Court each year. – Most cases are denied, due to the Court agreeing with the lower courts decision. • The court applies the “rule of four” when deciding which cases to hear. – At least four justices must agree to hear the case before it is put on the docket. • A writ of certiorari can be issued to send the case to the Court and is usually due to an important constitutional issue • A certificate is issued when a lower court is uncertain how to rule and send the case to the Supreme Court.

How the Court Works • When the Supreme Court takes on a case they first hear oral arguments. – Each side is given 30 minutes to present their case. – The Court is given briefs from both sides to evaluate. • The Justices then enter a Court in Conference. – The justices convene and debate the case and are polled on their decision.

Opinions • Majority Opinion – It announces the Court’s decision in a case and sets out the reasoning on which it is based. – These decisions become precedents. • Examples to be followed in similar cases as they arise in the lower courts. • Dissenting Opinion – Are opinions that are written by justices that do not agree with the Courts majority decision.

The Special Courts • There are six special courts that handle specific law suits at the Federal level. – U. S. Court of Federal Claims – Territorial Courts – U. S. Tax Court – U. S. Court of Appeals for the Armed Forces – U. S. Court of Appeals for Veterans Claims – Courts of the District of Columbia

Territorial Courts • These courts deal with federal issues and appellate issues in the U. S. territories. – U. S. territories outside the U. S. • Guam • Virgin Islands • Northern Marianas – They function like local courts in the other 50 states.

The District of Columbia Courts • The courts for the District of Columbia were set up to be the judicial system for the city. – They function as the local courts for the city and handle local cases.

Tax Court • The Tax court was established in 1969. • The tax court only hears civil cases. – These cases have to deal with the application of tax law. – Cases are generated by the IRS and the Treasury department.

• How did the Court’s decision affect the role of the judicial branch in our system of government – It expanded the judicial branch’s role by introducing judicial review.

• Why do you think this process requires so many steps to reach the Supreme Court? – The Supreme Court has time only to hear a limited number of cases.

Quick Write • How does the life long appointments to the Supreme Court affect the rulings made by the High Court?