1. THE SUPREME COURT
OF THE UNITED
STATES
Chapter 3

2. Authority or the Supreme Court


The law that is set forth from the Supreme
Court is the law of the land, and no other
judicial or political body can overrule its
decisions
However, the Supreme Court can overrule
itself

When it reverses old case decisions

The death penalty

3. Authority or the Supreme Court


Article III of the Constitution established the
Federal judiciary
1789-the Federal Judiciary Act established the
Supreme Court


The number of justices have varied
Since 1869 the number of justices has been set
at 9

4. Jurisdiction of the Supreme
Court

Has jurisdiction over 2 general types of cases:

Cases that reach it on appeal
 Where
the case begins in the state or federal system,
the path to appeal a case is the same

Cases over which the Court has original
jurisdiction (meaning that it can start at the
Supreme Court)


State v. State
 A state court could not remain unbiased if its state
was a party to the suit
Cases dealing with foreign dignitaries

5. Jurisdiction of the Supreme
Court


Can hear appeals from lower state and federal
courts on issues involving interpretation of the
law or the applicability of the Constitution
Can also hear appeals on cases dealing with
treaties the US has entered into, admiralty and
maritime cases or those involving public
officials and political entities

6. Jurisdiction of the Supreme
Court



Federal Courts do not have c a rte bla nc he
Congress can limit the jurisdiction of the
federal courts
Congress can affect the jurisdictional authority
of the federal courts by determining the types
of cases they can hear

7. Judicial Review



“the power of a court to analyze
decisions of other government entities
and lower courts”
The Supreme Court can decide which
laws and lower court decisions are
constitutional
The Supreme Court has effectively
created most of its own power and
authority through the process of judicial
review

8. Judicial Review

M rbury v. M d is o n (1803)
a
a


Fle tc he r v . Pe c k (1810)


First time the Supreme Court nullified a provision of
federal law or an act of Congress, and can do so to
any law that in their view (judges) violated the
Constitution
The Supreme Court extended its review authority
beyond federal law to state laws
M rtin v. Hunte r’s Le s s e e (1816)
a

The Supreme Court determined that it can review and
reverse state court decisions that involved federal law
and constitutional issues and can review pending

9. Controversy over Judicial
Review




Some say that judges have too much power
They propose alternatives to judicial review
Proponents of judicial review argue that there
needs to be a watchdog to maintain the
constitutionality of law
Debate is ongoing as to who should have the
final say as to what law is constitutional

10. Certiorari



The Supreme Court’s decision to review a case
is almost entirely discretionary
May review a case if federal appeals court
request the Courts to “certify” or clarify a legal
point
Obligated to hear certain cases meeting the
requirements for an “appeal of right”


They occur infrequently
Cases heard occur through the writ of certiorari“to be informed” which cases are worthy of
review on the basis of their national importance

11. Certiorari


Any case that doesn't not have at least one
justice expressing interest in it is summarily
denied
This accounts for 70% of cases submitted



Current dockets show 10,000 petitions filed every
year
Formal written opinions are delivered by the
Supreme Court in approximately 80-90 cases each
year
4 out of the 9 justices must vote in favor of
granting certiorari for a case to be accepted for
review

12. Supreme Court Justices



1 chief justice and 8 associate justices
Nominated by the President (big responsibility)
and confirmed by the Senate
Lifetime appointment


Their jobs can never be held over their head
Can be removed from office on impeachment
for and conviction of, treason, bribery, or other
high crimes and misdemeanors

Complex process and has only happened once in
history (Samuel Chase)

13. Supreme Court Justices

Can be either Liberal or Conservative


Liberal- decision are pro-person accused or
convicted of a crime, pro-civil liberties or civil
rights, pro-Native American and antigovernment
Conservative- favor governments interest in
prosecuting and punishing offenders over
recognition or expansion of rights for individuals

14. The Current Supreme Court

The Warren Court


The Burger Court


1969-1986, also considered liberal
The Rehnquist Court


1953-1969, Liberal by majority
1986-2005, more conservative stance
The Roberts’ Court

2005-present, conservative in makeup but will see
how the justices rule on important issues


Affordable Health Care Act
Affirmative Action programs

15. Politics and the Supreme Court




The Supreme Court is a political body
This is why the Constitution gives the power of
appointing justices to the President
But once appointed, the justices are not
accountable to anyone
Politics may have helped them get their job
but this is where it ends

16. Public Attitudes Toward the Supreme
Court

For the past 30 years the public has had a
favorable opinion of the Supreme Court

17. Public Attitudes Toward the Supreme
Court

They have also expressed a confidence in the
Court over the past decades

18. Traditions and Procedures



Court conduct business on a traditional
manner
Begins on the 1st Monday of October,
continuing until June of July
Terms are made up of sittings, when cases
are heard, and recesses, considers
administrative matters at hand and justices
write their opinions

19. Opinions

“A written statement by a judge providing a
description of the facts; a statement of the
legal issues presented for decision, the
relevant rules of law, the holding and the
policies and reasons that support the holding.”

20. Opinions

Chief justice assigns the writing of an
opinion if voting with the majority


Otherwise it is the most senior member of the
majority vote who assigns this
This opinion can be either:



Concurring opinion- agreeing with the majority
Dissenting opinion- disagreeing with the majority
and the reasons underlying the disagreement
Any justice is free to write an opinion even if not
assigned

21. Interpretations

By rendering decisions the Justices are
interpreting the Constitution

Strict Construction
A
rigid interpretation of a law not likely to expand
the specifically set forth law of the particular statute,
particularly in expanding the intent of the law

22. Where Supreme Court Decisions May Be
Found


The news media provides information about
Supreme Court decisions because few people
actually read full decisions
Full decisions can be found in:





Newspapers
Newscasts
ABA
Internet
Westlaw

23. The Power of the Supreme Court




The Supreme Court is tremendously powerful
It has been permitted to actually create much of
its own immense authority
Interpretation, application and review of the law
gives the Supreme Court tremendous power
Ultimately the policies and procedures by which
the Supreme Court operates reflects how the
legal system all comes together

24. The Power of the Supreme Court


The Supreme Court does not posses total
control over the American legal system
Congress still promulgates law


President can still veto
The power of the President can appoint
Justices

Congress must endorse