THE UNITED STATES SUPREME COURT The Supreme Court is the highest court in the land and the only...
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THE UNITED STATES SUPREME COURT
• The Supreme Court is the highest court in the land and the only court mentioned in the U.S. Constitution.
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The Old Supreme Court Chamber, where the Court sat from 1810-1860.
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The Old Senate Chamber, where the Court sat from 1860-1935
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The Great Hall
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Court Room
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Conference Room
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Judicial Review
*Marbury v. Madison: First time a law declared unconstitutional
* Established Judicial Review* The Court did not declare another law unconstitutional for the next 50 years (the Dred
Scott decision).They do not abuse the power of judicial review.
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Jurisdiction
• The Supreme Court has both original and appellate jurisdiction.
• Most cases heard by the Supreme Court are appeals cases.
• Original Jurisdiction in cases:– Involving ambassadors– Cases involving state vs. state
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Justices• Nine Justices are appointed by the President and
approved by the Senate.
• The ability of the executive branch to choose the justices is considered the most important influence over the court.
• Current Chief Justice:Chief Justice John Roberts
• Appointed for life during “good behavior”
• May be impeached by the House and tried by the Senate.
• Justices owe no loyalty to a political party.
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CHECKS & BALANCES
• Congress controls the size and number of the courts in the federal system.
• Congress can regulate jurisdiction except in Supreme Court original jurisdiction.
• Congress establishes judicial salaries
• Court declares laws passed by congress unconstitutional/interprets the law
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Road to the Supreme Court
• 7,000 cases are sent to the Supreme Court every year. The court hears only 120-150.
• “Rule of 4”: four out of nine justices must agree to hear a case.
• Writ of Certiorari: an order to a lower court to send case notes to the Supreme Court.
• Supreme Court decisions are called Opinions. These are written decisions that set a Precedent.
• A Precedent is a standard set by the court that is followed in subsequent cases.
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DECISIONS
• Unanimous Opinion: All 9 Justices agree.• Majority Opinion: Opinion of at least 5 of the
Justices.• Concurring Opinion: Justices agree but for a
different reason.• Dissenting Opinion: Disagrees with the
majority and wants written proof why they disagree.
• A coalition of justices is called a voting bloc.
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Judicial Restraint
The doctrine that holds that the Supreme Court should rarely use its power of judicial review or otherwise intervene in the political process.
Usually associated with conservative judges.
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Judicial activism
A doctrine that advocates an active role for the Supreme Court in enforcing the Constitution and in using judicial review. An activist court takes a broad view of the Constitution and involves itself in legislative and executive matters
Usually associated with liberal judges.
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Qualifications
• Article 3 of the Constitution.• NO FORMAL Qualifications.• Informal qualifications
– Educated in the law– Older and Wiser– Experienced in a lower court.– Salary: $202,000 Chief– $194,200 Associate Justices
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Enforcement
• After the Supreme Court rules the Executive Branch enforces those decisions.
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DECISIONS
• All Supreme Court decisions are final!!!!
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Supreme Court Facts
•Youngest justice appointed: Joseph Story (age 32)
•Oldest justice appointed: Horace Lurton (age 65)
•Oldest justice to serve: Oliver Wendell Holmes (retired at age 90)
•Shortest term as chief justice: John Rutledge (4 months, 3 days chief justice)
•Shortest time in the court: Thomas Johnson (5 months, 10 days associate justice)
•Longest term: William O. Douglas (36 years, 209 days)
•First Catholic justice: Roger B. Taney
•First Jewish justice: Louis Brandeis
•First African-American justice: Thurgood Marshall
•First woman justice: Sandra Day O'Connor
•President to appoint the most justices: George Washington (11)
•President to appoint the most justices in the 20th century: Franklin Roosevelt (9)