The United States Supreme Court
The decisions of the Supreme Court have wide- ranging effects because the Justices interpret the meaning of the Constitution. Head of the Judicial Branch of the Federal/National Government The only court established by the US Constitution Decisions affect the lives of all citizens of the country
The Justices One Chief Justice Eight Associate Justices The number of Justices is set by Congress- has been set at 9 since 1869 Appointed by the President and the Senate approves
President looks for a Justice with the same beliefs as their own Serve for life (can retire or resign) Can be removed by Congress Main duty: to hear and rule on cases
Background They are always lawyers Have had successful careers practicing or teaching law, serving as judges, or holding other political positions Political support and agreement with the President’s ideas are important in who will be appointed (once appointed, they can make rulings that the President doesn’t like)
Annual Salary Chief Justice- $258,100 Associate Justice- $246,800
Job Interpret Laws Original Jurisdiction- the authority to hear cases for the 1 st time That involve diplomats And disputes between states Appellate Jurisdiction-the authority to hear a case appealed from the lower court
Does not hear all cases presented to them Cases that involve important constitutional issues (freedom of speech, equal protection of laws, or civil liberties) Declines about 97% of applications If declined, the decision of the lower courts stand Cases must involve legal issue or National questions 4 of 9 Justices must vote to hear a case
Power of Judicial Review The Supreme Court has the power to say whether any Federal, State, or Local law of government action goes against the Constitution If the Supreme Court declares a law unconstitutional, it has the power to cancel that law Marbury v. Madison- the Supreme Court claimed the power of Judicial Review
The Influence of John Marshall Established three principals of American law 1.The Constitution is the supreme law of the land 2.If there is a conflict between the Constitution and any other law, the Constitution rules 3.The Judicial branch has a duty to uphold the Constitution
The Supreme Court in Action Sessions begin each year in October and goes until the following June or July The Supreme Court must accept the case and put it on the docket, or calendar Proceedings 1. Lawyers for each side prepares and submits briefs (written arguments that sides an opinion on a case) 2. Lawyers present oral arguments before the court (30 minutes) 3. Justices meet in private on most Fridays to discuss and vote on cases Each justice has one vote Not all justices are required to vote, but 6 must be present The decision is announced through a written opinion Opinion-a detailed explanation of the legal thinking behind a court’s decision
Opinions of the Court Majority Opinion- a statement that presents the views of the majority of the Supreme Court justices regarding a case Concurring Opinion- a statement written by a justice who votes with the majority, but for different reasons Dissenting Opinion- a statement written by a justice who disagrees with the majority opinion, presenting his or her opinion Stare Decisis-the guiding principle for all judges
Supreme Court Can Change it Decision In reaching decisions, the court takes into account changing times, political, and economic decisions They also take into account the Social Conditions of all people and the advancing of ideas of all people Examples: Plessy v. Ferguson and Brown v Board of Education/Miranda v. Arizona and Gideon v. Wainwright