Gov -- The Supreme Court

Supreme Court’s function

* Resolve disputes over the meaning of federal law and the Constitution
* Judicial review

Judicial Review

examine local, state & federal laws and overturn those that violate the Constitution

how many cases appeal to SC every year and how many are taken

9000, 80

2 types of jurisdiciton

original and appellate

original jurisdiction

*  Supreme Court has the authority to be the first to hear a case (very few cases)

appellate jurisdiction

* Supreme Court has the authority to hear a case that is appealed to the Supreme Court (most cases)

what cases are chosen

* Court may choose cases where lower courts have decided the same issue in different ways (Court wants to ensure uniformity in decision making about the Constitution & federal laws)
* More than half of the cases appealed to the Supreme Court are prisoners appealing their convictions

 **writ of certiorari**

Supreme Court order to send up the records on a case for review

what do justices’ law clerks do?

* review petitions & summarize cases for justices and make recommendations

rule of 4

*  if four of the nine justices agree to hear a case, then court will issue writ of certiorari to have records sent to them

Briefs

Each side submits a written **brief** (written statement explaining the legal arguments, relevant facts, & precedents supporting their case)

amicus curiae briefs

submitted by interest groups or experts  explaining why the case is important to them and how they want it decided; interest groups or experts may have no connection to the case; Solicitor General may submit brief explaining U.S.’s perspective on the issues in the case

Oral Arguments

Hour-long session; lawyers for each side given 30 minutes to present their case; justices may ask questions to lawyers

Conference

Justices meet to discuss case; preliminary vote to either uphold or reverse lower court decision

Opinion Phase

 Written opinion from the court explaining the facts of the case and their decision

Unanimous opinion

Chief Justice writes opinion

Majority Opinion

Senior member writes opinion

Dissenting Opinion

Senior member of minority side writes opinion

Concurring Opinion

Someone for unanimous, majority or dissenting side writes a different opinion supporting the same solution expressed in original opinion

In the event of a tie __

lower court decision stands

Constitutional requirements to be justice

Nominated by President & approved by Senate

what does president cosider when nomination

* merit and ideology
* Geographic, religious, gender & racial representation

Congress power over court

* Congress may impeach and remove justices
* decide how many justices will be on the bench
* Congress sets salaries of justices (refuse to give raise)
* make Constitutional amendment to overturn Supreme Court’s decision (income tax)

Judicial restraint

* courts should avoid overturning laws passed by elected officials
* Court should uphold acts of Congress unless a clear constitutional violation exists

Judicial activism

* courts must intervene in controversial issues to protect Constitutional rights
* Court should always intervene when rights are violated

**Stare decisis**

* Court’s ruling serves as a precedent on which to base other case decisions

**Originalism**

* interpret the Constitution by looking at the original understanding of the people who ratified it and its amendments; fixed meaning prevents judges from choosing their own meaning which is undemocratic; change should come through the amendment process

Living Document

*  judges must apply Constitutional values in light of modern circumstances; judges use multiple sources to find Constitution’s meaning; document must evolve and be flexible to meet changing values and standards

per curium opinion

explains why the court took a case