1. Supreme Court Overview General Characteristics of the Court History of the Supreme Court Supreme Court Procedure Legal Influences on Decisions Constitutional Interpretation

2. General Characteristics of the Court Both a Legal and Political Institution –Legal Aspects Has specific jurisdiction to hear disputes Can only hear legal issues from cases brought specifically before it Lifetime appointment of justices generates certain political insulation –Political Aspects Each decision creates a broader policy implication Legal interpretation subject to ideological influence

3. General Characteristics of the Court Policy Making on the Court –Specific dispute brought by litigants (parties) –Court renders a decision for one litigant –Interpretation of law or general policy statement generates implications for society Limitations to Policy Making –Few decisions per year (around 80) –Exercise of judicial restraint and deference to other branches Judicial Activism –When the Court inserts its own preferences over policy for those of another institution

4. History of the Supreme Court Court Building –First met in basement of building on Wall Street in New York City (then moved to Philadelphia) –Moved to Washington, DC, when capitol relocated Met in the basement of the Capitol Building –Moved into Supreme Court building in 1935 Personnel –Judiciary Act 1789 created 6 justices –Subsequent legislation moved number between 10 and 5 –Most recent change in 1869 – to 9 justices

5. History of the Supreme Court Voting –Simple majority vote determines winner –Justices may recuse themselves and not hear a dispute (lowers number of votes) –Quorum of 6 justices needed (if no quorum then the lower court decision is affirmed) –Tie vote results in affirmance of lower court Court Schedule Term begins first Monday in October and lasts until end of June Term divided into 2 week sessions where justices hear oral arguments and announce decisions Two week recess where research and opinion writing take place

6. History of the Supreme Court Docket History of the Court –1790-1865: issues of federalism –1865-1937: economic issues –1937-today: civil liberties

7. Supreme Court Procedure Certiorari –Approximately 8,000 petitions for a writ of certiorari every year Takes four (4) justices to grant certiorari (known as the Rule of Four) –Approximately 80 cases granted certiorari –Cases initially placed on the Discuss List for further review (1 justice needed to place case) –Some cases Dismissed as Improvidently Granted (DIG) Occurs after initial grant of certiorari, case is not reviewed

8. Supreme Court Procedure Oral Arguments –Each litigant receives 30 minutes to present case –Often interrupted by the justices (which uses up their time) Initial Conference –Justices meet behind closed doors to discuss the case –Chief Justice speaks first, Associate justices speak in order of seniority –Vote taken on case If Chief is in the majority coalition he assigns the opinion author Otherwise, most senior Associate Justice in the majority assigns

9. Supreme Court Procedure Final Decision –Final vote taken based on the language of the majority opinion (each justice votes) Simple majority vote determines which Litigant wins the case In the event of a tie, the lower court decision stands –Individuals have the option of joining the majority opinion or casting a dissenting vote Individuals then have option of writing a concurring opinion (if they sided with the majority) or a dissenting opinion (if they sided with the minority)

10. Supreme Court Procedure Majority Opinion –At least 5 justices needed to “sign on” This is absolute and irrespective of the total number of justices voting (need at least six justices in order to have quorum) –Majority opinion considered precedent –If less than 5 justices “sign on” to the opinion it is considered a plurality opinion Plurality opinions are not considered precedent Determining whether a case is considered precedent is vital!!!

11. Supreme Court Procedure Concurring Opinions –Happen when justice agrees with the outcome stated by the majority opinion but not with the reasoning Regular concurrences – do not detract from precedent Special concurrences – argue against legal rationale in the majority opinion and can detract from the precedent Dissenting Opinions –Occur when justice disagrees with the outcome stated by the majority –Opinion often highlights problems with the majority opinion’s legal argument

12. Legal Influences on Decisions Characteristics of a statute –Text – language of the bill –Context – atmosphere under which bill was passed –Effect – outcome generated after implementation Plain Meaning of Statute –What do the actual words mean? –Difficulties using Plain Meaning Problems with language and ambiguity Intent of Framers or Legislature –What did writers of the law or constitution mean to happen? –Found in historical records –Difficulties with Framers’ (Legislative) Intent Poor historical records – especially with Framers Which Framer do you use? What about compromises?

13. Legal Influences on Decisions Precedent –Past cases as legal reference Stare Decisis –Cases before Supreme Court are usually different from precedent (otherwise would have denied certiorari) –Reluctance of Court to overturn precedent –Difficulties with Precedent With growing body of precedent on both sides, judges can simply ignore some past cases Factual distinction Narrow the interpretation of precedent

14. Constitutional Interpretation ‘Constitutional’ Distinction –Constitutional Text The actual document mapping out political/social arrangements Not necessary to have a constitutional text governing society (New Zealand and Britain do not possess constitutional texts) –Constitution Includes the set of principles, practices, understandings, and traditions that actually govern society. Example: judicial review, right to privacy, innocent until proven guilty, senatorial courtesy, executive privilege

15. Constitutional Interpretation What to interpret? –Only the constitutional text? Or is it the larger constitution? –Do we interpret established practices that dictate acceptable behavior? Does this mean some integral practices can achieve “constitutional” status? –How does the Constitution change? Is it only through the formal amendment process? How can we justify any other changes (are changes in interpretation valid?)?

16. Constitutional Interpretation Who shall interpret? –Who is responsible for interpreting the Constitution? Judges? Other politicians? –All public officials take an oath to uphold the Constitution How can one uphold the principles if he/she cannot interpret? –Does authority to interpret involve more than simply guessing at meaning? Authority to interpret means others will respect and adhere to your interpretation

17. Constitutional Interpretation Who shall interpret? –If judges only, where did they get this authority? Not stated in constitutional text, but part of constitution Judges stated they have sole power to interpret Constitution –Democratic theory says people have power to interpret Constitution Necessarily involves electing individuals to interpret Federal judges not elected Constitution very comfortable with judicial review

18. Constitutional Interpretation How to determine the constitutionality of law Statute enacted according to proper procedure –Passed by Congress and signed by President Authority must be grounded in… –The explicit text of Constitution –The implicit powers provided by Constitution Statute cannot violate –Specific prohibitions listed in Constitution –Any rights properly implied by Constitution