The United States Supreme Court Article III – The Judicial Branch

Qualifications There are no specific qualifications for Justices of the Supreme Court The last Justice to be appointed who did not attend any law school was James F. Byrnes ( ). He did not graduate from high school and taught himself law, passing the bar at the age of 23. Robert H. Jackson ( ) did not attend an undergraduate college, but took some law school classes without graduating. Nine Justices on the Court Appointed by the President with the advice and consent of the Senate The Judges, both of the Supreme and inferior Courts, shall hold their Offices during good Behavior

Chief Justice Article I, Section 3, Clause 6: "When the President of the United States is tried, the Chief Justice shall preside." Article I, Section 3, Clause 6 Chief Justice - John Roberts First Chief Justice John Jay

Associate Justices Originally there were six Justices – One Chief and five Associate Justices Congress has changed over the years – in 1869 it was changed to the current nine 1937 – FDR tried to “pack the court” with more Justices – he felt that he could not count on the Court to support his New Deal legislation Failed because: The Bill sponsor died Public opinion was against it The “switch in time that saved nine”

Have any Justices been impeached? Samuel Chase in 1805 Thomas Jefferson wanted to eliminate the significant power of the Federalists on the bench Encouraged the House to initiate articles of impeachment – they most involved his decisions and procedures on the bench Acquitted by a large margin Set a precedent – Senate believed (although many were ardent Anti-Federalists) that he should not be impeached based on his judicial decisions

Number of cases The Court receives approximately 10,000 petitions for a writ of certiorari each year. The Court grants and hears oral argument in about cases. Writ of Certiorari A writ of certiorari is a writ, or order, sent from a higher court to a lower one which orders the lower court to turn over transcripts and documents related to a specific case for review. In general, a writ of certiorari is issued by the highest court in a nation after a request from a petitioner. The decision to grant such a writ is made at judicial discretion.

Quorum must be present A quorum of Justices must be present (six) to make a judgement The current newest member of the court has recused herself from some current cases because of a conflict. Her previous job was Solicitor General

Petitioner vs Respondent Petitioner – One who presents a formal, written application to a court, officer, or legislative body that requests action on a certain matter. Respondent - the party who is required to answer a petition for a court order or writ requiring the respondent to take some action, halt an activity or obey a court's direction.

Judicial Review Marbury vs. Madison Midnight Appointments of John Adams William Marbury wanted his commission and appealed his case directly to the United States Supreme Court – based on the Judiciary act of 1789 The Course refused to hear the case because it found the act contrary to the Constitution - established the concept of Judicial Review

Process Court hears oral arguments - A case selected for argument usually involves interpretations of the U. S. Constitution or federal law. At least four Justices have selected the case as being of such importance that the Supreme Court must resolve the legal issues. An attorney for each side of a case will have an opportunity to make a presentation to the Court and answer questions posed by the Justices. Prior to the argument each side has submitted a legal brief—a written legal argument outlining each party’s points of law. The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.

One hour argument During an argument week, the Justices meet in a private conference, closed even to staff, to discuss the cases and to take a preliminary vote on each case. If the Chief Justice is in the majority on a case decision, he decides who will write the opinion. He may decide to write it himself or he may assign that duty to any other Justice in the majority. If the Chief Justice is in the minority, the Justice in the majority who has the most seniority assumes the assignment

Who sits on the Supreme Court? srv/special/politics/supreme_court_seating/index.html

Which Justice is this? Born in Fort Collins, Colorado Attended University of Colorado Married Marion Stearns (graduate of Boulder High and daughter of CU President Robert Stearns) All American Running Back– 1937 Finished Second in the Heisman vote – 1937 Valedictorian at CU Rhodes Scholar Leading Rusher in the NFL – 1938 Decorated Naval Officer WWII – Graduated Yale Law School Named by President Kennedy to the Supreme Court Served 31 years on the High Court

Justice Stevens g=contentMain;contentBody