Supreme Court of the United States

Where is the Supreme Court in the Constitution?

Article 3

Who makes up the Supreme Court?

one chief justice

eight associate justices

have to be appointed by president and confirmed by senate

How long can a Supreme Court Justice serve in office?

Serve for life but they can be impeached

Powers of Supreme Court

Judicial Review

Judicial Philosophy- Activism vs. Restraint

Activism- judges fix injustice based on a broad interpretation of the constitution; take action
Restraint- judges avoid changing policy & leave it up to other branches unless there's a constitutional violation; stay back

What are the steps for getting a case to the Supreme Court?

1) controversy exists
2) case goes to local court
3) appeals go to federal court
4) petition for "writ of certiorari" is submitted to SCOTUS
5) petition goes into "cert pool"
6) case goes onto discussion list
7) rule of 4
8) petitioner and respondent submit briefs (their sides of the story
9) petitioner and respondent each get 30 mins to debate their case to SCOTUS
10) all 9 justices vote; majority 5/9 wins

Rule of 4

4/9 justices have to think a case is really important for it to make it out of the "cert pool"

First Amendment civil liberties

1) Cannot establish national religion
2) Free exercise of religion
3) Free speech
4) Press
5) Protest peacefully
6) Petition gov

Freedom of Religion

Congress can't make a law establishing a national religion and people can protest if gov doesn't let them practice their religion

Santa Fe IDS v. Doe (2000)

Prayer over loudspeaker at public school football game, non-religious families went against it because it was similar to establishing a religion; families won

Kennedy v. Bremerton (2022)

Football coach offered a voluntary prayer with team after games, people said it was establishing religion & pressuring players to pray; coach won

Engel v. Vitale

Clause: Establishment

Facts: NY board authorized a short & optional prayer over the loudspeakers at the start of the day. Parents said it violated first amendment.

Decision: Court ruled in favor of the parents and said the school couldn't do prayers

Wisconsin v. Yoder

Clause: Free exercise

Facts: State law required kids to go to public school until the age of 16. Amish parents refused to send their kids to school because of their religion.

Decision: Court ruled in favor of the parents under the first amendment

Freedom of Speech

Amendments guarantee citizens' right to express themselves freely as long as they make wise decisions

Symbolic Speech

Nonverbal expression of opinions (ex: clothes, pictures, signs, colors, facial expressions)

United States v. O'brien (1968)

Facts: David O'Brien burned his draft card in protest against the war

Decision: Court ruled 7-1 for the U.S. because O'Brien burned gov. property

Tinker v. Des Moines (1969)

Facts: Tinker & her brother wore black bands at school in protest of the war and they were suspended from school

Decision: Court ruled 7-2 for Tinker because they were protesting peacefully and not causing violence

Texas v. Johnson (1989)

Facts: Johnson burned an American flag on gov. property in protest of Reagan policy. He went to jail with a $2000 fine

Decision: Court ruled 5-4 for Johnson because his actions were covered by free expression

Snyder v. Phelps (2011)

Facts: family of deceased Marine sued members of Westboro Baptism Church who picketed at his funeral holding signs that said "Thank God for dead soldiers". The family got 5 mil in damages.

Decision: Court ruled 8-1 in favor of Phelps saying his speech was protected by first amendment

One Justice who voted against Phelps said the first amendment is "not a license for the vicious verbal assault that occurred"

Fourth Amendment

Police has no right to search for & gather evidence w/o a warrant or probable cause

Plain View

if a driver gets pulled over for traffic violations and they smell like alcohol, they can get arrested on the spot

Florida vs. J.L (2000)

Facts: Miami police received an anonymous phone call saying a young Black male standing at a bus stop wearing a plaid shirt was holding a gun. Officers went to the bus stop and found someone who fit that description. There was so suspicious or illegal activity going on, but they frisked him and found a gun. J.L (15) was charged with illegal possession of a firearm by a minor

Decision: Court unanimously ruled in favor of J.L because the search was unconstitutional