The United States
Supreme Court
The highest court in America
The Supreme Court Justices
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The main job of the nation’s top court is to
decide whether laws are allowable under the
Constitution.
The Supreme Court has original jurisdiction only
in cases involving foreign diplomats or a state.
All other cases come to the Court on appeal.
In cases the Court refuses to hear, the decision
of the lower court stands.
The Court has final authority on cases involving
the Constitution, acts of Congress, and treaties.
Powers of the Court
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The legislative and executive branches must
follow Supreme Court rulings.
Because the Court is removed from politics and
the influences of special-interest groups, the
parties involved in a case are likely to get a fair
hearing.
The Court’s main job is to decide whether laws
and government actions are constitutional, or
allowed by the Constitution.
It does this through judicial review—the
power to say whether any law or government
action goes against the Constitution.
How Cases Reach the Court
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The Supreme Court conducts business each year from
October until June or July.
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The Court receives most of its cases on appeal from a
lower court, but sometimes a lower court asks for a
ruling because it is not sure how to apply the law in a
case.
Of the more than 7,000 applications each year, the Court
agrees to hear fewer than 200. The Court accepts cases
that four of the nine justices agree the Court should
review.
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Each month, the justices spend two weeks listening to oral
arguments on cases and two weeks writing opinions and
studying new cases.
They usually select cases that involve important constitutional
issues and cases that affect the entire nation.
Accepted cases go on the Court docket, or calendar.
Order of Supreme Court Cases
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A law has been challenged and brought to the Supreme
Court from a lower court.
Lawyers provide justices with briefs about the case.
All justices listen to the facts of the case.
The justices study the briefs of the case when they
recess.
Justices vote on the case they have studied during the
recess.
After voting, the justices write an opinion.
The opinion is published in the United States Reports.
Types of Opinions
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After the Court reaches a decision, one justice
writes a majority opinion. It presents the views
of the majority of justices. One justice is chosen
to write the majority opinion.
 The opinion states the facts, announces the
ruling, and explains the Court’s reasoning in
reaching the decision.
 The Court may also write a unanimous opinion
when all the justices vote the same way. One
or more justices who disagree with the
majority may write dissenting opinions. A
justice who votes with the majority, but for
different reasons, may write a concurring
opinion.
Reasons for Court Decisions
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Justices consider how the language of the Constitution applies to
the case. They rely heavily on precedents, following the principle of
stare decisis—“let the decision stand.” By following precedents,
courts make the law predictable and consistent.
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Social conditions also influence Court decisions. When social
conditions change, the Court may make new interpretations of the
law.
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At the same time, the law must be flexible to adapt to changing times.
The justices can overrule outdated precedents.
For example, in Plessy v. Ferguson, the Court ruled that the Fourteenth
Amendment permitted racial segregation. However, by the 1950s,
society’s views on segregation were beginning to change. In 1954, in
Brown v. Board of Education, the Court ruled that school segregation
violated the Fourteenth Amendment, overturning the precedent of
“separate but equal.”
Justices’ views of the law and the role of the courts also influence
their decisions.
Like all human beings, justices see the world based on their own life
experiences. Their personal views and relationships influence their
decisions.
Important Supreme Court
Cases
Miranda v. Arizona
Facts of the Case
 Ernesto Miranda was arrested but not
told his right to not confess to the crime
(5th amendment - the right to no selfincrimination). He signed a confession
and was convicted.
Miranda v. Arizona
Question Presented
 Does police interrogation of individuals
without notifying them of their right to have
an attorney and their protection against selfincrimination violate the Fifth Amendment?
Conclusion
 Yes. The Court ruled that the police must
read people their rights, including warnings of
their right to remain silent and the right to
have an attorney present during
interrogations, before being arrested.
Texas v. Johnson
Facts of the case
 In 1984, in front of the Dallas City Hall,
Gregory Lee Johnson burned an American
flag as a means of protest against the
Reagan administration policies.
 Johnson was tried and convicted under a
Texas law outlawing flag desecration
(destruction).
 He was sentenced to one year in jail and
assessed a $2,000 fine.
Texas v. Johnson
Question Presented
 Is the desecration of an American flag, by
burning or otherwise, a form of speech that is
protected under the First Amendment?
Conclusion
 Yes. The Court held that Johnson's burning of
a flag was protected expression under the
First Amendment.
 The government cannot limit a citizen’s right
to burn the US flag
Gideon v. Wainwright
Facts of the Case
 Gideon was charged in a Florida state court
with a felony for breaking and entering.
 He lacked funds and was unable to hire a
lawyer to prepare his defense.
 The court refused to give him an attorney
when he requested one.
 Gideon defended himself in the trial; he was
convicted by a jury and the court sentenced
him to five years in a state prison.
Gideon v. Wainwright
Question Presented
 Did the state court's failure to appoint
counsel for Gideon violate his right to a fair
trial and due process of law as protected by
the Sixth and Fourteenth Amendments?
Conclusion
 Yes. In a unanimous opinion, the Court ruled
that Gideon had a right to be represented by
a court-appointed attorney
Brown v. Board of Education
Facts of the Case
 Black children were denied admission to
public schools attended by white children
under laws requiring or permitting
segregation according to race.
 Often, black children had to travel far to get
to their school. In Topeka, Kansas, a black
student named Linda Brown had to walk
through a dangerous railroad to get to her
all-black school. Her family believed that
segregated schools should be illegal .
Brown v. Board of Education
Question Presented
 Does the segregation of children in public
schools solely on the basis of race violate the
equal protection clause of the 14th
Amendment?
Conclusion
 Yes. Segregation of schools is a violation of
the Constitution and the segregated schools
were not equal as Plessy v. Ferguson
required.
 This court case overturned Plessy v. Ferguson
and established that separate was unequal.
Plessy v. Ferguson
Facts of the Case
 The state of Louisiana enacted a law that
required separate railway cars for blacks and
whites.
 In 1892, Homer Adolph Plessy--who was
seven-eighths Caucasian--took a seat in a
"whites only" car of a Louisiana train.
 He refused to move to the car reserved for
blacks and was arrested.
Plessy v. Ferguson
Question Presented
 Was Louisiana's law mandating racial segregation
on its trains unconstitutional and a violation of the
equal protection clause of the Fourteenth
Amendment? (which says that the government
must treat all people equally)
Conclusion
 No. State law did not violate the Constitution
 The Supreme Court established the concept of
separate-but-equal (segregation of public facilities
is legal as long as the facilities are equal)
Gibbons v. Ogden
Facts of the Case
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In 1808, certain
individuals were given a
license to operate
steamboats on the
waterways of the state
of New York.
This meant that only
their steamboats could
operate on the
waterways of New York.
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This monopoly was
given to them by the
state of New York
government.
This monopoly was very
important because
steamboats carried both
people and goods and
was very profitable.
One individual, Aaron
Ogden, operated steam
boats between New
York and New Jersey.
Gibbons v. Ogden
Background Continued
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Another man named Thomas Gibbons
competed with Aaron Ogden on this
same route between New York and New
Jersey. Gibbons did not have a state of
New York license, but instead had a
federal (national) license.
Gibbons v. Ogden
Question Presented
 Who had the right to issue a license to operate boats on
this interstate waterway, the state of New York or
Congress (the national government)?
 Who had the power to regulate interstate commerce?
(Interstate commerce is the buying and selling of goods
across state borders. This is different from intrastate
commerce, which is the buying and selling of goods
within state borders. )
Conclusion
 The Federal government has the power over the states to
regulate interstate commerce. Federal ferry licenses
prevail over a State ferry Licenses as a result of the
Supremacy Clause.