The U.S. Supreme Court

The Court Currently 9 judges called justices Currently 9 judges called justices 1 Chief Justice (this is expressed in Constitution) 1 Chief Justice (this is expressed in Constitution) 8 Associate Justices 8 Associate Justices Constitution doesn’t say how many justices are required Constitution doesn’t say how many justices are required

What Kind of Cases Do They Hear? Original Jurisdiction - Not heard before in any other court (like disputes between states) Original Jurisdiction - Not heard before in any other court (like disputes between states) Appellate Jurisdiction - Cases that have been heard in a lower court, and someone appealed the ruling Appellate Jurisdiction - Cases that have been heard in a lower court, and someone appealed the ruling

Why is the Supreme Court Important? They’re the final authority on questions of federal law and the Constitution They’re the final authority on questions of federal law and the Constitution They get the FINAL say on any case, any act of Congress, or treaty that comes before them. They get the FINAL say on any case, any act of Congress, or treaty that comes before them.

Judicial Review Judicial Review means the Supreme Court decides the constitutionality of a law passed by Congress. Judicial Review means the Supreme Court decides the constitutionality of a law passed by Congress. Marbury v. Madison (1803) Marbury v. Madison (1803)

How Does A Case Get to the Supreme Court? Supreme Court may issue writ of certiorari Supreme Court may issue writ of certiorari This orders a lower court to send up a case’s records for review. Very common. This orders a lower court to send up a case’s records for review. Very common. Or a lower court sends up a “certificate” or “cert” Or a lower court sends up a “certificate” or “cert” This is when guidance is needed about a procedure or rule of law. Less common. This is when guidance is needed about a procedure or rule of law. Less common.

What’s it Like? Rule of Four: Four justices must agree to hear the case. Rule of Four: Four justices must agree to hear the case. Done in secret- no video or audio Done in secret- no video or audio Chief Justice is in charge Chief Justice is in charge Once the case has begun, afterwards they discuss and debate what they heard during oral arguments Once the case has begun, afterwards they discuss and debate what they heard during oral arguments Votes Votes

Opinions of the Court: Three Types Majority Opinion- Official opinion of the court, announces the ruling & reasons behind it Majority Opinion- Official opinion of the court, announces the ruling & reasons behind it These decisions are important because they set a precedent (something that people follow from then on) These decisions are important because they set a precedent (something that people follow from then on) Concurring Opinion- Justices that agree with the majority, but for different reasons Concurring Opinion- Justices that agree with the majority, but for different reasons Dissenting Opinion- Justices who disagree with the majority opinion Dissenting Opinion- Justices who disagree with the majority opinion

Current Members Chief Justice: Chief Justice: John Roberts Appointed by George W. Bush in 2005 Appointed by George W. Bush in 2005 Salary: $223,500 Salary: $223,500 Other Justices make: $213,900 Other Justices make: $213,900

Current Court Members Anthony Kennedy Anthony Kennedy Appointed by Ronald Reagan in 1988 Appointed by Ronald Reagan in 1988 Elena Kagan Elena Kagan Appointed by President Obama in 2010 Appointed by President Obama in 2010

Current Members Stephen Bryer Stephen Bryer Appointed by Bill Clinton in 1994 Appointed by Bill Clinton in 1994 Sonia Sotomayor Appointed by President Obama in 2009 Appointed by President Obama in 2009

Current Members Anton Scalia (Died) Anton Scalia (Died) Appointed by Ronald Reagan in 1986 Seat currently vacant Clarence Thomas Clarence Thomas Appointed by George H.W. Bush in 1991

Current Members Ruth Bader Ginsburg Ruth Bader Ginsburg Appointed by Bill Clinton in 1993 Samuel Alito Samuel Alito Appointed by George W. Bush in 2006

Marbury v. Madison

Jefferson (Republican) defeats Adams (Federalist) in the Election of 1800

Marbury v. Madison On his last day, Adams fills courts with as many Federalist judges as with as many Federalist judges as possible possible They were called “midnight judges” - Adams waited until 9 o’clock on his last night as President to appoint them.

Marbury v. Madison Jefferson becomes President the next day but some of Adams’ judges have not yet received their official forms a. Jefferson says they cannot be judges be judges

Marbury v. Madison Jefferson orders James Madison (Secretary of State) not to give out the papers to the judges

Marbury v. Madison William Marbury is one of the judges affected by Jefferson’s judges affected by Jefferson’sdecision

Marbury v. Madison Marbury demands that the Marbury demands that the Supreme Court examine the Supreme Court examine the case and force the executive branch to hand out papers case and force the executive branch to hand out papers

Marbury v. Madison Marbury says Judiciary Act of 1789 gives the Supreme Court the right to do this What was Judiciary Act of 1789? Created federal court system with 3 levels and outlined the powers of each – district, court of appeals, Supreme Court

John Marshall, the chief justice and a Federalist, listens to and a Federalist, listens to Marbury’s case Marbury’s case Marbury v. Madison How do you think Jefferson reacted? How do you think Marshall reacted?

Marbury v. Madison a. Marshall agrees that Marbury had been treated unfairly had been treated unfairly AND…..

Marbury v. Madison b. Judiciary Act would allow SC to force Madison into making Marbury a judge Marbury a judge BUT….

Marbury v. Madison Marshall has to decide: Is this Constitutional or Unconstitutional?

Marbury v. Madison - Marshall decides that forcing the government to make Marbury government to make Marbury judge would be unconstitutional judge would be unconstitutional

Marbury v. Madison 5. Marshall’s ruling establishes Judicial Review - Supreme Court can declare act of Congress unconstitutional

Marbury v. Madison Judicial review has increased the Judicial review has increased the Supreme Court’s legal authority… Supreme Court’s legal authority… making it a much stronger branch making it a much stronger branch