THE JUDICIAL BRANCHChapter 18

PART 4The Supreme Court

BASICS

Only court specifically created by the Constitution

Judicial Review The deciding if something is constitutional or not Marbury v. Madison

John Roberts• Chief Justice since 2005• Appointed by George W.

Bush• US Court of Appeals for

DC

Clarence Thomas•Associate Justice since 1991• Appointed by George H. W.

Bush• US Court of Appeals for DC

Ruth Bader Ginsburg

• Associate Justice since 1993• Appointed by Bill Clinton• US Court of Appeals for DC

Stephen Breyer• Associate Justice since

1994• Appointed by Bill Clinton• US Court of Appeals for

the 1st Circuit

Anthony Kennedy•Associate Justice since 1988• Appointed by Gerald Ford• US Court of Appeals for the

9th Circuit

Samuel Alito• Associate Justice since

2006• Appointed by George W.

Bush• US Court of Appeals for

the 3rd Circuit

Sonia Sotomayor• Associate Justice since

2009• Appointed by Barack

Obama• US Court of Appeals for

the 2nd circuit

Elena Kagan• Associate Justice since

2010• Appointed by Barack

Obama•Solicitor General of the US

Antonin Scalia• Associate Justice since

1986• Appointed by Ronald

Reagan• US Court of Appeals for

DC

JURISDICTION

Both appellate and original jurisdiction Most are appellate

2 types of cases can be heard as original jurisdiction Those in which the state is the party Those affecting ambassadors, or other public

ministers and consuls

THE RULE OF FOUR

How they choose cases to hear At least 4 of the 9 Justices must agree that the

case should be put on the docket Most cases reach the Supreme Court by

Writ of Certiorari An order by the court directing the lower court to

send up the record in a given case for its review Most writ are denied by the Supreme Court

HOW THE SUPREME COURT OPERATES

1. The Supreme Court accepts a case and sets a date 2 week cycles

Hear cases for two weeks and then recess to consider the cases for two weeks

Oral arguments Limited to 30 minutes Briefs: written documents filed before the oral

arguments

2. Solicitor General: The Attorney for the US

3. Conference Consider the Cases they heard Chief Justice in charge

4. Opinion After a vote and decision is made it is written in

the form of an opinion Chief Justice assigns who writes the courts

opinion

TYPES OF OPINIONS

Majority Opinion: This is the opinion of the court. The Ruling Precedents: examples for lower courts

Concurring Opinion: Add or emphasize a point from the Majority

Opinion Dissenting Opinion:

Written by those Justices who don’t agree with the Majority

YOU MUST KNOW DUE PROCESS

The Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 5th amendment

14th amendment puts the same restrictions on States and Local Governments

Due process is defined on a case by case basis

“It is better that ten guilty persons go free than that one innocent person be punished”

Any person who is suspected or accused of a crime is innocent until proven guilty

To make sure this happens an accused person has a number of rights: Habeas Corpus Bills of Attainder Ex Post Facto Grand Jury Double Jeopardy Speedy and Public Trial Trial By Jury Right to an Adequate Defense Self -Incrimination