THE SUPREME COURT OF THE UNITED STATES

Chapter 3

Authority or the Supreme Court The law that is set forth from the

Supreme Court is the law of the land, and no other judicial or political body can overrule its decisions

However, the Supreme Court can overrule itself When it reverses old case decisions

The death penalty

Authority or the Supreme Court Article III of the Constitution established

the Federal judiciary 1789-the Federal Judiciary Act

established the Supreme Court The number of justices have varied Since 1869 the number of justices has been

set at 9

Jurisdiction of the Supreme Court Has jurisdiction over 2 general types of

cases: Cases that reach it on appeal

Where the case begins in the state or federal system, the path to appeal a case is the same

Cases over which the Court has original jurisdiction (meaning that it can start at the Supreme Court)

State v. State A state court could not remain unbiased if its

state was a party to the suit Cases dealing with foreign dignitaries

Jurisdiction of the Supreme Court Can hear appeals from lower state and

federal courts on issues involving interpretation of the law or the applicability of the Constitution

Can also hear appeals on cases dealing with treaties the US has entered into, admiralty and maritime cases or those involving public officials and political entities

Jurisdiction of the Supreme Court Federal Courts do not have carte

blanche Congress can limit the jurisdiction of the

federal courts Congress can affect the jurisdictional

authority of the federal courts by determining the types of cases they can hear

Judicial Review

“the power of a court to analyze decisions of other government entities and lower courts”

The Supreme Court can decide which laws and lower court decisions are constitutional

The Supreme Court has effectively created most of its own power and authority through the process of judicial review

Judicial Review

Marbury v. Madison (1803) First time the Supreme Court nullified a provision of

federal law or an act of Congress, and can do so to any law that in their view (judges) violated the Constitution

Fletcher v. Peck (1810) The Supreme Court extended its review authority

beyond federal law to state laws

Martin v. Hunter’s Lessee (1816) The Supreme Court determined that it can review and

reverse state court decisions that involved federal law and constitutional issues and can review pending state cases

Controversy over Judicial Review Some say that judges have too much

power They propose alternatives to judicial

review Proponents of judicial review argue that

there needs to be a watchdog to maintain the constitutionality of law

Debate is ongoing as to who should have the final say as to what law is constitutional

Certiorari

The Supreme Court’s decision to review a case is almost entirely discretionary

May review a case if federal appeals court request the Courts to “certify” or clarify a legal point

Obligated to hear certain cases meeting the requirements for an “appeal of right” They occur infrequently

Cases heard occur through the writ of certiorari- “to be informed” which cases are worthy of review on the basis of their national importance

Certiorari

Any case that doesn't not have at least one justice expressing interest in it is summarily denied

This accounts for 70% of cases submitted Current dockets show 10,000 petitions filed every year Formal written opinions are delivered by the Supreme

Court in approximately 80-90 cases each year 4 out of the 9 justices must vote in favor of granting

certiorari for a case to be accepted for review When denied, the Court holds that the previous decision

will stand

Supreme Court Justices

1 chief justice and 8 associate justices Nominated by the President (big

responsibility) and confirmed by the Senate Lifetime appointment

Their jobs can never be held over their head Can be removed from office on impeachment

for and conviction of, treason, bribery, or other high crimes and misdemeanors Complex process and has only happened once

in history (Samuel Chase)

Supreme Court Justices

Can be either Liberal or Conservative Liberal- decision are pro-person accused or

convicted of a crime, pro-civil liberties or civil rights, pro-Native American and antigovernment

Conservative- favor governments interest in prosecuting and punishing offenders over recognition or expansion of rights for individuals

The Current Supreme Court

The Warren Court 1953-1969, Liberal by majority

The Burger Court 1969-1986, also considered liberal

The Rehnquist Court 1986-2005, more conservative stance

The Roberts’ Court 2005-present, conservative in makeup but will see

how the justices rule on important issues Affordable Health Care Act Affirmative Action programs

Politics and the Supreme Court The Supreme Court is a political body This is why the Constitution gives the

power of appointing justices to the President

But once appointed, the justices are not accountable to anyone

Politics may have helped them get their job but this is where it ends

Public Attitudes Toward the Supreme Court

For the past 30 years the public has had a favorable opinion of the Supreme Court

Public Attitudes Toward the Supreme Court

They have also expressed a confidence in the Court over the past decades

Traditions and Procedures

Court conduct business on a traditional manner

Begins on the 1st Monday of October, continuing until June of July

Terms are made up of sittings, when cases are heard, and recesses, considers administrative matters at hand and justices write their opinions

Opinions

“A written statement by a judge providing a description of the facts; a statement of the legal issues presented for decision, the relevant rules of law, the holding and the policies and reasons that support the holding.”

Opinions

Chief justice assigns the writing of an opinion if voting with the majority Otherwise it is the most senior member of the

majority vote who assigns this

This opinion can be either: Concurring opinion- agreeing with the majority Dissenting opinion- disagreeing with the

majority and the reasons underlying the disagreement

Any justice is free to write an opinion even if not assigned

Interpretations

By rendering decisions the Justices are interpreting the Constitution Strict Construction

A rigid interpretation of a law not likely to expand the specifically set forth law of the particular statute, particularly in expanding the intent of the law

Where Supreme Court Decisions May Be Found

The news media provides information about Supreme Court decisions because few people actually read full decisions

Full decisions can be found in: Newspapers Newscasts ABA Internet Westlaw

The Power of the Supreme Court The Supreme Court is tremendously powerful It has been permitted to actually create

much of its own immense authority Interpretation, application and review of the

law gives the Supreme Court tremendous power

Ultimately the policies and procedures by which the Supreme Court operates reflects how the legal system all comes together

The Power of the Supreme Court The Supreme Court does not posses

total control over the American legal system

Congress still promulgates law President can still veto

The power of the President can appoint Justices Congress must endorse