Your Supreme Court
The Justices
National Judiciary
• Created by Article III in the
Constitution
–“The judicial power of the United
States shall be vested in one Supreme
Court, and in such inferior courts as
the Congress may from time to time
ordain and establish.”
Dual Court System
• Two separate court systems: National
and State
–Federal Courts: Constitutional and
Special Courts (ex: Court of Appeals
for Armed Forces, Tax Court)
• Federal judges chosen by the President
and confirmed by Senate
• Judges/Justices serve for life
• Number of judges determined by
Congress
Jurisdiction
• Jurisdiction: authority of a court to
hear a case and decide the outcome
• Original Jurisdiction: case is heard
for the 1st time
• Concurrent Jurisdiction: cases that
can be tried in either the state or federal
courts
• Appellate Jurisdiction: cases that are
heard on appeal from a lower court
What is the Main Purpose of the
Supreme Court?
1.
To interpret
laws/actions of
the
government &
Constitution
2. Decide to hear
cases for final
appeal from
lower
state/federal
courts
Courts of Appeals
• Courts of Appeals were created by
Congress to relieve the Supreme
C0urt of hearing appeals from the
district courts
• 12 circuit courts & 1 special appeals
court w/national jurisdiction & 1
military appeals court
• U.S. is divided
into 12 judicial
circuits, with
one court of
appeals for each
of those circuits
(DC is 12th)
• Georgia is in
the 11th circuit
with Alabama
and Florida
Federal Circuit
Courts
Federal District courts
• The 1st national/federal court to hear
a case.
• It is said to have Original
Jurisdiction
• There 94 district courts, 1 in every
state, with some large states having
more
“Equal Justice For All”
• Justice symbolized by a
blindfolded woman holding a
balanced scale
• Represents equal justice for
all
• Those words are chiseled into
the marble above the
entrance to the Supreme
Court
Titles of the Supreme Court
• 9 judges make up the court:
• 8 Associate Justices
• 1 Chief Justice: who presides over
the court and monitors all procedure
The make up of the Supreme
Court
• 4 Conservative judges: strict
interpretation of the Constitution:
–Use only language & precedence
Chief Justice: John Roberts
Associate justices: Sam Alito, Antonin
Scalia, Clarence Thomas
The Make up of the Supreme
Court
• 4 Liberal judges: loose interpretation
of the Constitution:
–Determine the intent of the framers,
and apply modern values to rulings
Associate Justices: Ruth Ginsburg, John
Stevens, Stephen Breyer, David Souter
The Make Up of the Supreme
Court
• 1 moderate associate justice: decide
issues on a case by case basis
• 1 associate justice: Anthony Kennedy
• Believed to hold the “Swing Vote” or
the deciding vote
Judicial Review
• Court can determine if laws and actions
of government are unconstitutional
• Established in court case Marbury v.
Madison in 1803
–Constitution is the supreme law of the land
–All actions of govt. are subordinate to the
supreme law
–Judges must refuse to enforce any
governmental actions they find to be in
conflict with the Constitution
Jurisdiction
• Supreme Court has both original
(state involved or ambassadors) and
appellate jurisdiction…but mostly
hears cases under appeal
• About 8,000 cases are appealed to
the Supreme Court each year
• Court only accepts a few hundred
How do most cases reach the
S.C. of USA?
• Most cases reach the SC by writ of
certiorari (“to be made more
certain”): An order by the Court
directing a lower court to send up
the a case for its review
• May also reach by certificate:
Used when a lower court is not clear
about how procedure/law applies in
a case
Supreme Court at Work
• Court begins on the first Monday in October
and generally ends the following June/July
• Once Court begins…so does process:
• Oral Arguments: 30 minute presentations
by both sides
• Briefs: Written documents filed with the
Court before oral arguments…outline key
points/facts/cases to support each side
– Amicus curiae (friend of the court) briefs can also
be filed by people who are not parties in the case
but have a strong interest in the outcome
Conferences
• Held in secrecy
• Presided over by Chief Justice
• Each associate gives his/her view…in
order of seniority
• Debate and vote
• About 1/3 of all SC’s decisions are
unanimous…most are divided
Opinions
• Unanimous opinion: all justices vote the
same way (9-0)
• Majority Opinion: Official opinion of the
Court – its decision along with their reasoning
for it (6-3)
• Concurring Opinion: Justice agrees with
the decision but for a different reason or
wants to make a different point (2 of 6)
• Dissenting Opinion: opinion of those who
do not agree with the majority ruling (3
against majority)
Session of Supreme Court
• A usual session begins:
–First Monday in October until
–End of June (or business before the
court required)
–Typically 9 months
–Since 1979: pretty much continuous
session with periodic recesses.