Judicial Branch – Jurisdiction of the Supreme Court Unit IV – Part 2

Powers Final authority in cases arising under the Constitution, an act of Congress, or a treaty of the United States

Original Jurisdiction All cases affecting ambassadors, other public ministers, and consuls or vice-consuls Controversies between two or more states Controversies involving the Unites States and one or more states

Controversies between a state and citizens of another state or foreign states, citizens, or subjects – Removal of jurisdiction over suit by citizen of one state against another state – 11 th Amendment (1798) Decisions – Statement of guilty or innocent in criminal cases – Designation of a winner or loser in civil cases

Appellate jurisdiction Review of lower court rulings Decisions – Statement of a verdict – Remanding of case to lower court for further consideration

Judicial Review Decision on constitionality of legislative, executive, or judicial acts or decisions Evolution of power of judicial review – Intention of framers of the Constitution Statement in the Federalist Papers, No. 78 – Judiciary Act of 1789 Right to review state laws

– Establishment of right to review federal laws (judicial review) in Marbury v. Madison, 1803 Filing of Marbury for a writ of mandamus – Right of Marbury to commission – Inability of Court to issue writ » Unconstitutionality of part of Judiciary Act of 1789 – Importance Deterrent effect on federal and state actions Power to keep legislative and executive branches from abusing power Enforcement of constitutional principles

Selection of Cases Prior to 1925 – Mandatory jurisdiction Theoretical right of any loosing party (petitioner) to have case reviewed Conflicts between federal and state laws Ruling of a federal law unconstitutional by a state Supreme Court – Discretionary jurisdiction Decision of Court to hear or not hear a case

Changes from 1925 – Writ of certiorari (to be made certain) Filing of petition by the losing party claiming a mishandling of the case in a lower court Issuance of writ by the Supreme Court granting right to review the case – Forwarding of documentation from lower court to the Supreme Court Appeal petition – Seeking review of lower court decision Certificate – Request of lower court for clarification of or answer to a specific rule or law

Changes from 1988 – Elimination of nearly all mandatory jurisdiction Number of cases – 6,000+ requests per year – Full consideration to about one hundred and fifty per year

Placement of cases on the Supreme Court docket Rule of four – Recommendation by one justice with the agreement of at least three other justices for review of a case Checklist of legal factors – Right of party to sue Individual injury in the power of court to resolve Exhaustion of all other legal remedies – Involvement of a real legal controversy - adverseness

Exclusion of cases – Hypothetical conflicts – Moot controversy Prior elimination of injury Inability of Court to remedy – Not ripe controversy Possibility for resolution in other places – Political question doctrine involving disputes between branches or levels of government

Making decisions Interpretations of the law – Statutory Power to say what Congress meant – Common law Importance of precedents (previous decisions) – Stare decisis: “Let the prior decision stand” » Promotion of stability and continuity of law Development of standards of right and wrong

Decisions on the merits of the case – Summary decision Basis – Submission of lower court documents – No additional arguments Outcome option with an unsigned opinion – Upholding of lower court decision – Remanding to lower court for reconsideration – Full consideration Process – Request to attorneys for written arguments (briefs) – Possible submission of amicus curiae briefs by friends of the Court

– Hearing of oral arguments » Thirty minutes to one hour including justices’ questions – Judicial conference for justices only » Chief justice presiding » Discussion of cases » Decision by majority vote Minimum of six justices voting » Tie votes Upholding of lower court decision

– Written opinions » Majority opinion Binding law to be applied by lower courts in related cases Assignment of task of writing Chief justice if in majority or senior associate justice in the majority » Concurring opinion Agreement with majority decision but without stating legal or constitutional grounds » Dissenting opinion Explanation of reasoning by any justice in opposition to the majority opinion