THE JUDICIAL BRANCH
Chapter 18
PART 4
The Supreme Court
BASICS
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
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
Stephen Breyer
•Associate Justice since 1994
•Appointed by Bill Clinton
•US Court of Appeals for the
1st Circuit
Anthony Kennedy
•Associate Justice since 1988
•Appointed by Gerald Ford
•US Court of Appeals for the 9th
Circuit
Samuel Alito
•Associate Justice since 2006
•Appointed by George W.
Bush
•US Court of Appeals for the
3rd Circuit
Sonia Sotomayor
•Associate Justice since 2009
•Appointed by Barack Obama
•US Court of Appeals for the
2nd circuit
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
JURISDICTION

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

THE RULE OF FOUR

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
HOW THE SUPREME COURT OPERATES
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

TYPES OF OPINIONS

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
YOU MUST KNOW DUE PROCESS
The Federal Government cannot deprive any
person of “life, liberty, or property, without due
process of law.” 5th amendment
 14th 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