T HE J UDICIAL B RANCH Chapter 18

P ART 4 The Supreme Court

B ASICS Only court specifically created by the Constitution Judicial Review The deciding if something is constitutional or not Marbury v. Madison

John Roberts Chief Justice since 2005 Appointed by George W. Bush US Court of Appeals for DC John Roberts Chief Justice since 2005 Appointed by George W. Bush US Court of Appeals for DC

Clarence Thomas Associate Justice since 1991 Appointed by George H. W. Bush US Court of Appeals for DC Clarence Thomas Associate Justice since 1991 Appointed by George H. W. Bush US Court of Appeals for DC Ruth Bader Ginsburg Associate Justice since 1993 Appointed by Bill Clinton US Court of Appeals for DC Ruth Bader Ginsburg Associate Justice since 1993 Appointed by Bill Clinton US Court of Appeals for DC

Stephen Breyer Associate Justice since 1994 Appointed by Bill Clinton US Court of Appeals for the 1 st Circuit Stephen Breyer Associate Justice since 1994 Appointed by Bill Clinton US Court of Appeals for the 1 st Circuit Anthony Kennedy Associate Justice since 1988 Appointed by Gerald Ford US Court of Appeals for the 9 th Circuit Anthony Kennedy Associate Justice since 1988 Appointed by Gerald Ford US Court of Appeals for the 9 th Circuit

Samuel Alito Associate Justice since 2006 Appointed by George W. Bush US Court of Appeals for the 3 rd Circuit Samuel Alito Associate Justice since 2006 Appointed by George W. Bush US Court of Appeals for the 3 rd Circuit Sonia Sotomayor Associate Justice since 2009 Appointed by Barack Obama US Court of Appeals for the 2 nd circuit Sonia Sotomayor Associate Justice since 2009 Appointed by Barack Obama US Court of Appeals for the 2 nd circuit

Elena Kagan Associate Justice since 2010 Appointed by Barack Obama Solicitor General of the US Elena Kagan Associate Justice since 2010 Appointed by Barack Obama Solicitor General of the US Antonin Scalia Associate Justice since 1986 Appointed by Ronald Reagan US Court of Appeals for DC Antonin Scalia Associate Justice since 1986 Appointed by Ronald Reagan US Court of Appeals for DC

J URISDICTION Both appellate and original jurisdiction Most are appellate 2 types of cases can be heard as original jurisdiction Those in which the state is the party Those affecting ambassadors, or other public ministers and consuls

T HE R ULE OF F OUR How they choose cases to hear At least 4 of the 9 Justices must agree that the case should be put on the docket Most cases reach the Supreme Court by Writ of Certiorari An order by the court directing the lower court to send up the record in a given case for its review Most writ are denied by the Supreme Court

H OW THE S UPREME C OURT O PERATES 1. The Supreme Court accepts a case and sets a date 2 week cycles Hear cases for two weeks and then recess to consider the cases for two weeks Oral arguments Limited to 30 minutes Briefs: written documents filed before the oral arguments 2. Solicitor General: The Attorney for the US

3. Conference Consider the Cases they heard Chief Justice in charge 4. Opinion After a vote and decision is made it is written in the form of an opinion Chief Justice assigns who writes the courts opinion

T YPES OF O PINIONS Majority Opinion: This is the opinion of the court. The Ruling Precedents: examples for lower courts Concurring Opinion: Add or emphasize a point from the Majority Opinion Dissenting Opinion: Written by those Justices who don’t agree with the Majority

Y OU MUST KNOW D UE P ROCESS The Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 5 th amendment 14 th amendment puts the same restrictions on States and Local Governments Due process is defined on a case by case basis

“It is better that ten guilty persons go free than that one innocent person be punished” Any person who is suspected or accused of a crime is innocent until proven guilty To make sure this happens an accused person has a number of rights: Habeas Corpus Bills of Attainder Ex Post Facto Grand Jury Double Jeopardy Speedy and Public Trial Trial By Jury Right to an Adequate Defense Self -Incrimination