The Supreme Court

“We are under a Constitution, but the Constitution is what the judges say it is.” - Oliver Wendell Holmes

I. Developing Supreme Court Power A.The Supreme Court has become the most powerful court in the world; its power developed from custom, usage, and history B.No federal court may initiate action C.Federal courts only determine cases; they never simply answer a legal question

I. Developing Supreme Court Power D.Chief Justice Marshall’s ruling in Marbury v. Madison (1803) gave the court the power to review acts of Congress – judicial review E.Marshall broadened federal power at the expense of the states

II. Supreme Court Jurisdiction A.Has both original and appellate jurisdiction B.Nine Judges: eight associate justices and one chief justice C.Duties not defined by Constitution – but have evolved from laws and through tradition D.Main duty is to hear and rule on cases Chief Justice John Roberts

II. Supreme Court Jurisdiction E.Chief Justice presides over sessions and conferences F.Law clerks help them research cases, summarize key issues in cases, and assist in writing drafts of justices’ opinions G.Most justices have been federal or state judges or have held other legal positions such as attorney general Justice Clarence Thomas

II. Supreme Court Jurisdiction H.Most have considerable legal experience, are in their 50s or 60s, and come from upper socioeconomic levels Justice Antonin Scalia

III. Appointing Justices A.Appointed by President and approved by the Senate B.Politics plays a big role. President picks members of his own party C.American Bar Association rates the nominee’s qualifications D.Sitting justices may have considerable influence. Justice Sonia Sotomayor

IV. How the Court Operates A.Caseload 1.8,000 cases appealed to the Court each year 2.At least four justices must agree to hear the case 3.Fewer than 100 cases a year B.Oral Arguments 1.Public sessions Mondays, Tuesdays, and Wednesdays 2.Attorneys have 30 minutes to make their case Justice Ruth Bader Ginsburg

IV. How the Court Operates C.Briefs 1.Each side presents detailed statements supporting their case 2.Arguments built on relevant facts and the citation of previous cases D.Conference 1.Meet to discuss cases 2.Vote taken Justice Elena Kagan

IV. How the Court Operates E.Opinions 1.A justice is assigned to write the Court’s Opinion 2.Majority Opinion: Announces the Court’s decision and sets out the reasoning on which it is based 3.Concurring Opinion: Written if a justice agrees with the majority’s decision but not with the reasoning 4.Dissenting Opinion: Written by those who disagree with the majority’s decision Justice Anthony Kennedy