THE UNITED STATES SUPREME COURT

• The Supreme Court is the highest court in the land and the only court mentioned in the U.S. Constitution.

The Old Supreme Court Chamber, where the Court sat from 1810-1860.

The Old Senate Chamber, where the Court sat from 1860-1935

The Great Hall

Court Room

Conference Room

Judicial Review

*Marbury v. Madison: First time a law declared unconstitutional

* Established Judicial Review* The Court did not declare another law unconstitutional for the next 50 years (the Dred

Scott decision).They do not abuse the power of judicial review.

Jurisdiction

• The Supreme Court has both original and appellate jurisdiction.

• Most cases heard by the Supreme Court are appeals cases.

• Original Jurisdiction in cases:– Involving ambassadors– Cases involving state vs. state

Justices• Nine Justices are appointed by the President and

approved by the Senate.

• The ability of the executive branch to choose the justices is considered the most important influence over the court.

• Current Chief Justice:Chief Justice John Roberts

• Appointed for life during “good behavior”

• May be impeached by the House and tried by the Senate.

• Justices owe no loyalty to a political party.

CHECKS & BALANCES

• Congress controls the size and number of the courts in the federal system.

• Congress can regulate jurisdiction except in Supreme Court original jurisdiction.

• Congress establishes judicial salaries

• Court declares laws passed by congress unconstitutional/interprets the law

Road to the Supreme Court

• 7,000 cases are sent to the Supreme Court every year. The court hears only 120-150.

• “Rule of 4”: four out of nine justices must agree to hear a case.

• Writ of Certiorari: an order to a lower court to send case notes to the Supreme Court.

• Supreme Court decisions are called Opinions. These are written decisions that set a Precedent.

• A Precedent is a standard set by the court that is followed in subsequent cases.

DECISIONS

• Unanimous Opinion: All 9 Justices agree.• Majority Opinion: Opinion of at least 5 of the

Justices.• Concurring Opinion: Justices agree but for a

different reason.• Dissenting Opinion: Disagrees with the

majority and wants written proof why they disagree.

• A coalition of justices is called a voting bloc.

Judicial Restraint

The doctrine that holds that the Supreme Court should rarely use its power of judicial review or otherwise intervene in the political process.

Usually associated with conservative judges.

Judicial activism

A doctrine that advocates an active role for the Supreme Court in enforcing the Constitution and in using judicial review. An activist court takes a broad view of the Constitution and involves itself in legislative and executive matters

Usually associated with liberal judges.

Qualifications

• Article 3 of the Constitution.• NO FORMAL Qualifications.• Informal qualifications

– Educated in the law– Older and Wiser– Experienced in a lower court.– Salary: $202,000 Chief– $194,200 Associate Justices

Enforcement

• After the Supreme Court rules the Executive Branch enforces those decisions.

DECISIONS

• All Supreme Court decisions are final!!!!

Supreme Court Facts

•Youngest justice appointed: Joseph Story (age 32)

•Oldest justice appointed: Horace Lurton (age 65)

•Oldest justice to serve: Oliver Wendell Holmes (retired at age 90)

•Shortest term as chief justice: John Rutledge (4 months, 3 days chief justice)

•Shortest time in the court: Thomas Johnson (5 months, 10 days associate justice)

•Longest term: William O. Douglas (36 years, 209 days)

•First Catholic justice: Roger B. Taney

•First Jewish justice: Louis Brandeis

•First African-American justice: Thurgood Marshall

•First woman justice: Sandra Day O'Connor

•President to appoint the most justices: George Washington (11)

•President to appoint the most justices in the 20th century: Franklin Roosevelt (9)