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

• 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

1st 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 law1. The Constitution is the supreme law of the land2. If there is a conflict between the Constitution

and any other law, the Constitution rules3. 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