The Function of the Supreme Court The Supreme Court sits at the top of the judicial branch in our democracy. The key function of the Court is to resolve disputes over the meaning of federal law and the Constitution. Judicial review is one of the most important powers of the Supreme Court.

Choosing Cases The Supreme Court decides which cases it will hear and rule on. The Supreme Court has both original and appellate jurisdiction. To appeal, the losing party in a decision sends the Court a petition for a writ of certiorari. Clerks read and summarize petitions for the justices to review. If four of the nine justices to agree to hear a case, then the petition for certiorari is granted.

Arguing and Deciding Cases Once the Court decides to hear a case, each side submits a written brief. Interest groups may submit amicus curiae briefs and the solicitor general may submit a brief. In the oral argument, each side has 30 minutes to present its case and answer questions from the justices. The justices meet in conference to discuss their ideas and decide on a ruling. Decisions of the Supreme Court become the law, but the Court has no power to enforce its decisions.

Influences on the Court Justices are not elected but they are influenced by the world around them. Public opinion and maintaining public support for their institution influence the justices. The values and beliefs of society influence Supreme Court justices.

The Nomination and Confirmation Process Supreme Court justices are accountable only to the law. The Constitutional requirements are nomination by the president and consent of the Senate. The president selects a nominee, who then goes through Senate hearings. If the Senate Judiciary Committee votes to send the nomination forward, the entire Senate votes on the nomination.

The Selection of Supreme Court Justices Nominees need personal integrity, professional expertise, and a thorough understanding of the law. Presidents can have long-term impact by appointing a nominee who shares their ideology. While justices may be representative of the country by gender or race, they are rarely so in education and experience.

Interpreting the Constitution Judicial restraint and judicial activism are opposite opinions on the role of the Supreme Court. Two major influences on the decisions justices make are precedents and judicial philosophy. Precedent is set by the principle of stare decisis. Two key judicial philosophies on Constitutional interpretation are originalism and active liberty.

Checks and Balances on the Supreme Court Supreme Court justices are appointed by the president and approved or rejected by the Senate. Although the Supreme Court can declare laws unconstitutional, the legislature can rewrite those laws. The Supreme Court can only decide issues that come through the court system.