Supreme Court Top of the Judicial Branch in the Federal Government.

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Presentation transcript:

Supreme Court Top of the Judicial Branch in the Federal Government. Final say in all matters dealing with the United States Constitution.

Federal Judges 1. Appointed by president Advisors recommend candidates Professional background Political/social views Collegiate career Confirmed by Senate Judiciary cmte holds hearings Simple majority (51/100)

Federal Judges Term of Service Life terms a. Death Resignation/retirement Impeachment Balance rights of individual vs common good

PRESIDENTIAL APPOINTMENT MATTERS Conservative presidents = conservative justices Liberal presidents = liberal justices Justices serve for years Justices interpret the Constitution; set precedent Those precedents affect all Americans

United States Supreme Court Judicial Review 1. Define: Power to overturn any Act of Congress or executive action the Court deems unconstitutional 2. Is it in the Constitution? Not specifically stated; however, the Constitution says the Court shall “interpret the law”

JUDICIAL REVIEW Est. by Marbury v Madison (1803): First time Court interpreted the Constitution to the extent of declaring part of a law unconstitutional THE CONSTITUTION IS WHAT THE SUPREME COURT SAYS IT IS This made the Jud Branch on equal footing with Leg and Exec branches because the Court has the power to declare acts of the others unconstitutional.

Judicial Philosophy An ongoing “discussion” in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges don’t make laws so how does a judge set policy? JUDICIAL ACTIVISM: the Jud branch is an equal partner with the Leg and Exec and should be actively involved in interpreting and applying laws. Policy may be created through decisions. JUDICIAL RESTRAINT: the Jud branch should let the Leg and Exec branches set policy and only get involved if that policy is a flagrant violation of Constitution. Decisions should not create policy.

A Day in the Life of a USSCJ Calendar Term: first Monday in October – end of June. Sittings: 2-wk sessions when Justices hear cases then retire to decide opinions Selecting Cases Original jurisdiction cases—must hear these State government v state government (PA v. WV) Foreign rep a party in a case Appellate jurisdiction cases—choose to hear (about 150/year) 1. Must deal with federal or constitutional issue 2. Must impact a majority of citizens

SELECTING CASES c. “Rule of Four”—four of the nine justices must agree to hear the individual case out of the 1000s of cases appealed to them. Case is on the docket (a court’s schedule) Briefs are submitted—written summary of each lawyer’s side of the case Justices study lower court proceedings and briefs Oral arguments Each side gets 30 minutes to argue Justices get to ask questions

DECISION MAKING PROCESS Deliberations: Chief Justice summarizes case and main points; Group discussion, each presents views; Justices vote—simple majority “wins” Opinions issued: Written statement explaining ruling and reasons for reaching that decision Majority opinion: “winning” decision, sets precedence Concurring opinion: agree with majority opinion but for different reasons Dissenting opinion (aka minority opinion): disagree with majority opinion

FACTORS INFLUENCING THE COURT’S DECISION Constitution—fundamental law of US Precedent—are there past similar cases Intent—of the Constitution and law(s) in question Social values—what is the current view of most Americans (will of the people) Personal judicial philosophy—to what extent should justices become involved in setting policy

Today’s Court……

John Roberts Chief Justice Appointed by George W. Bush. Took his seat on High Court on 9/25/05. Graduate of Harvard and Harvard Law Born 1/27/55 Right leaning….

Antonin Scalia Associate Justice Appointed by Ronald Reagan. Took his seat on the High Court on 9/26/86. Graduate of Georgetown and Harvard Law. Born 3/11/36. RIGHT leaning….

Anthony Kennedy Associate Justice Appointed by Ronald Reagan. Took his seat on the High Court on 2/18/88. Graduated from Stanford and Harvard Law. Born 7/23/36. Moderate….

Clarence Thomas Associate Justice Appointed by George HW Bush. Took his seat on the High Court on 10/23/91. Graduate of Holy Cross and Yale Law Born 6/23/48. RIGHT leaning….

Ruth Bader Ginsburg Associate Justice Appointed by William Clinton. Took her seat on the High Court on 8/10/93. Graduate of Cornell and Columbia Law. Born 3/15/33. LEFT leaning….

Stephen Breyer Associate Justice. Appointed by William Clinton. Took his seat on the High Court on 8/3/94 Graduate of Stanford and Harvard Law. Born 8/15/38. LEFT leaning….

Samuel Alito Associate Justice. Appointed By George W. Bush. Took his seat on the High Court on 1/31/06. Graduate of Princeton and Yale Law. Born 4/1/50. Right leaning….

Sonya Sotomayor Associate Justice. Appointed By Barack Obama Took her seat on the High Court on 8/8/09. Graduate of Princeton and Yale Law. Born 6/25/54. Left leaning….

Elena Kagan Associate Justice. Appointed By Barack Obama Took her seat on the High Court on 8/7/10. Graduate of Princeton and Harvard Law. Born 4/28/60. Left leaning….