1. The Supreme Court

2. Creation
Judicial Branch created in Article III of the U.S. Constitution
Only 1 federal court created – The U.S. Supreme Court
All “inferior” federal courts are created by acts of Congress

3. Creation
Judicial Branch created in Article III of the U.S. Constitution
Only 1 federal court created – The U.S. Supreme Court
All “inferior” federal courts are created by acts of Congress

4. Powers of the Supreme Court
The Framers viewed the federal judiciary as an important check against Congress and the President
The Supreme Court’s powers are significant, but passive-it can only act on matters/issues that are brought to its attention

5. Powers of the Supreme Court
The Framers viewed the federal judiciary as an important check against Congress and the President
The Supreme Court’s powers are significant, but passive-it can only act on matters/issues that are brought to its attention

6. Supreme Court Jurisdiction

7. Supreme Court Jurisdiction

8. Supreme Court Jurisdiction, cont
What does that mean?
The Court has original jurisdiction over certain cases like suits between two or more states and/or cases involving ambassadors.
The Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
Most cases the Supreme Court hears are appellate, in nature (over 90%).

9. Supreme Court Jurisdiction, cont
What does that mean?
The Court has original jurisdiction over certain cases like suits between two or more states and/or cases involving ambassadors.
The Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
Most cases the Supreme Court hears are appellate, in nature (over 90%).

10. Appointing the Supreme Court
The President appoints all Supreme Court justices
Appointments must be approved by the US Senate
No Constitutional requirements to be a Supreme Court Justice, but when making appointments, presidents often consider (among other criteria):
Party affiliation , Judicial (political) philosophy , experience – “litmus test,” and Acceptability

11. Appointing the Supreme Court
The President appoints all Supreme Court justices
Appointments must be approved by the US Senate
No Constitutional requirements to be a Supreme Court Justice, but when making appointments, presidents often consider (among other criteria):
Party affiliation , Judicial (political) philosophy , experience – “litmus test,” and Acceptability

12. Appointing the Supreme Court, cont
Party affiliation-nominees are almost always members of the same political party as the President
Judicial (political) philosophy-nominees will tend to think similarly to the President (i.e.-conservative, liberal, etc)
Experience-nominees will almost always have experience in the legal field, usually as a lower-court federal judge
Litmus test-nominees will share a line of thinking with the President on a single key issue that is important to the President (i.e.-abortion, same-sex marriage, etc)
Acceptability-The President does not want his appointment to be denied by the Senate, so he tries to nominate individuals who will easily be approved.

13. Appointing the Supreme Court, cont
Party affiliation-nominees are almost always members of the same political party as the President
Judicial (political) philosophy-nominees will tend to think similarly to the President (i.e.-conservative, liberal, etc)
Experience-nominees will almost always have experience in the legal field, usually as a lower-court federal judge
Litmus test-nominees will share a line of thinking with the President on a single key issue that is important to the President (i.e.-abortion, same-sex marriage, etc)
Acceptability-The President does not want his appointment to be denied by the Senate, so he tries to nominate individuals who will easily be approved.

14. U.S. Supreme Court Today Chief Justice: John Roberts, Jr.
Associate Justices:
ANTONIN SCALIA
ANTHONY M. KENNEDY
CLARENCE THOMAS
RUTH BADER GINSBURG
STEPHEN G. BREYER
SAMUEL A. ALITO, JR.
SONIA SOTOMAYOR
ELENA KAGAN

15. U.S. Supreme Court Today Chief Justice: John Roberts, Jr.
Associate Justices:
ANTONIN SCALIA
ANTHONY M. KENNEDY
CLARENCE THOMAS
RUTH BADER GINSBURG
STEPHEN G. BREYER
SAMUEL A. ALITO, JR.
SONIA SOTOMAYOR
ELENA KAGAN
Died: 2/13/16; position has not been filled yet

16. Term of Office
Supreme Court justices (all Constitutional court judges) serve “during good behavior,” which generally means for life
Why? – This practice allows judges to be free from political pressures when deciding cases (don’t have to worry about being re-elected/re-appointed)
Justices can not be removed from office (for any reason) by a President
May only be forcibly removed from office through impeachment and conviction
12 federal judges impeached – 7 found guilty & removed

17. Term of Office
Supreme Court justices (all Constitutional court judges) serve “during good behavior,” which generally means for life
Why? – This practice allows judges to be free from political pressures when deciding cases (don’t have to worry about being re-elected/re-appointed)
Justices can not be removed from office (for any reason) by a President
May only be forcibly removed from office through impeachment and conviction
12 federal judges impeached – 7 found guilty & removed

18. The Supreme Court At Work
When is the Supreme Court in session?
Term of the Supreme Court begins on the first Monday in Oct. and generally lasts until June or July of the following year

19. The Supreme Court At Work
When is the Supreme Court in session?
Term of the Supreme Court begins on the first Monday in Oct. and generally lasts until June or July of the following year

20. The Supreme Court At Work, cont
How does the Supreme Court accept a case to review?
Thousands of cases are appealed to the Supreme Court every year- only a few hundred are actually heard
Most cases denied because
1.) Justices agree with the lower court decision
2.) Justices believe the case does not involve a significant point of law
Cases that are accepted must meet the rule of four
Four of the nine justices must agree to hear the case

21. The Supreme Court At Work, cont
How does the Supreme Court accept a case to review?
Thousands of cases are appealed to the Supreme Court every year- only a few hundred are actually heard
Most cases denied because
1.) Justices agree with the lower court decision
2.) Justices believe the case does not involve a significant point of law
Cases that are accepted must meet the rule of four
Four of the nine justices must agree to hear the case

22. Briefs and Oral Arguments
Once a case reaches the Supreme Court, lawyers for each party file a written brief
Brief-A detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases
Oral arguments allow both sides to present their positions to the justices during a 30 minute period
Justices may interrupt lawyers during this time, raising questions or challenging points of law

23. Briefs and Oral Arguments
Once a case reaches the Supreme Court, lawyers for each party file a written brief
Brief-A detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases
Oral arguments allow both sides to present their positions to the justices during a 30 minute period
Justices may interrupt lawyers during this time, raising questions or challenging points of law

24. Supreme Court Opinions
Supreme Court decisions are explained in a written statement called an opinion
3 Types of Opinions:
1.) Majority Opinion – opinion agreed upon by a majority of the justices
2.) Concurring Opinion – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the opinion
3.) Dissenting Opinion – written by a justices or justices who disagree with the majority opinion
Majority opinion become precedents
Standards or guides to be followed in deciding similar cases in the future

25. Supreme Court Opinions
Supreme Court decisions are explained in a written statement called an opinion
3 Types of Opinions:
1.) Majority Opinion – opinion agreed upon by a majority of the justices
2.) Concurring Opinion – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the opinion
3.) Dissenting Opinion – written by a justices or justices who disagree with the majority opinion
Majority opinion become precedents
Standards or guides to be followed in deciding similar cases in the future

26. Judicial Review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
This power can not be independently checked by either of the other 2 branches; A Supreme Court decision can only be nullified by a Constitutional Amendment (which involves state approval) or another Supreme Court decision

27. Judicial Review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
This power can not be independently checked by either of the other 2 branches; A Supreme Court decision can only be nullified by a Constitutional Amendment (which involves state approval) or another Supreme Court decision

28. Judicial Philosophy 1.) Judicial Activism
The court should play a more active role in creating national policies and answering questions of conflict in society; they do this by ACTIVELY using their power of judicial review
2.) Judicial Restraint
The court should operate strictly within the limits of the Constitution and only answer questions if a clear violation of the Constitution is present. They are much less likely to declare acts of Congress/The President to be unconstitutional.

29. Judicial Philosophy 1.) Judicial Activism
The court should play a more active role in creating national policies and answering questions of conflict in society; they do this by ACTIVELY using their power of judicial review
2.) Judicial Restraint
The court should operate strictly within the limits of the Constitution and only answer questions if a clear violation of the Constitution is present. They are much less likely to declare acts of Congress/The President to be unconstitutional.