1. The Federal Courts and the Judicial Branch Section 3 at a Glance The Supreme Court The importance of the Supreme Court has grown since the Court’s early days. As it gained in stature, the Court also tended to experience political shifts mirroring those in society at large. Supreme Court justices are nominated by the president and must undergo a lengthy Senate confirmation process. The Supreme Court meets from October to June or July, studying briefs, hearing oral arguments, discussing cases in conference, and issuing opinions on about 100 cases a year.

2. The Federal Courts and the Judicial Branch Early Visions Constitution does not explicitly define roles or structure of Supreme Court Hamilton’s writings in The Federalist explained critical role of Supreme Court in providing checks on executive and legislative branches The Marshall Court Chief Justice John Marshall established that courts have power of judicial review. Marshall led Supreme Court for more than 30 years; Court decisions expanded power of federal government, helped shape U.S. economy Highlights of Supreme Court History Dred Scott S Court ruled: Congress did not have power to outlaw slavery in territories; therefore Missouri Compromise unconstitutional C

3. The Federal Courts and the Judicial Branch From Reconstruction to Plessy Economic regulation and civil rights dominated Supreme Court Court’s narrow interpretation of 13th, 14th, 15th Amendments left to states protection of newly freed African Americans’ civil rights Court made much regulation of economy unconstitutional The Court and the New Deal C Court found many New Deal programs unconstitutional, eventually deferred to Congress regarding economic measures C From the 1950s to the Present Court under Chief Justice Earl Warren was considered activist Achieved many civil rights victories, including landmark Brown decision mandating desegregation of public schools Today Court is more conservative

4. The Federal Courts and the Judicial Branch Choosing a Nominee Constitution: no formal requirements for Supreme Court justices; most justices have served in government, had legal background P Presidents first gauge Senate support or opposition for nominee Confirmation Hearings Confirmation process: Senate Judiciary Committee questions nominee; nominees hesitant to share opinions on controversial issues A Choosing Supreme Court Justices

5. The Federal Courts and the Judicial Branch Selecting Cases Court usually chooses which cases it hears; most cases come from federal court of appeals; others from high state courts or are cases of Supreme Court’s original jurisdiction If Court grants appellant a writ of certiorari, it agrees to hear the case; if denied, lower court’s ruling stands If case is on Court’s docket, usually it deals with important issue of constitutional or federal law The Term Begins C Justices work in two-week blocks, first hearing arguments from lawyers and then ruling on cases presented E Supreme Court Procedures

6. The Federal Courts and the Judicial Branch Briefs and Oral Arguments Justices first study briefs, then hear oral arguments; lawyers usually have 30 minutes to present their side of a case Opinions Chief justice leads discussion of case in private; Court issues formal, written opinion exploring issues, precedents, reasoning behind majority opinion Concurring opinions sometimes accompany majority opinion; justices who disagree with majority opinion may issue dissenting opinion Court Orders S W Supreme Court Procedures (cont’d.)