1. The Supreme Court

2. The Supreme Court
“We are under a Constitution, but the Constitution is what the judges say it is.” - Charles Evans Hughes

3. I. Developing Supreme Court Power
The Supreme Court has become the most powerful court in the world; its power developed from custom, usage, and history
No federal court may initiate action
Federal courts only determine cases; they never simply answer a legal question

4. I. Developing Supreme Court Power
Chief Justice Marshall’s ruling in Marbury v. Madison (1803) gave the court the power to review acts of Congress – judicial review
Marshall broadened federal power at the expense of the states

5. II. Supreme Court Jurisdiction
Has both original and appellate jurisdiction
Nine Judges: eight associate justices and one chief justice
Duties not defined by Constitution – but have evolved from laws and through tradition
Main duty is to hear and rule on cases
Chief Justice John Roberts

6. II. Supreme Court Jurisdiction
Chief Justice presides over sessions and conferences
Law clerks help them research cases, summarize key issues in cases, and assist in writing drafts of justices’ opinions
Most justices have been federal or state judges or have held other legal positions such as attorney general
Justice Clarence Thomas

7. II. Supreme Court Jurisdiction
Most have considerable legal experience, are in their 50s or 60s, and come from upper socioeconomic levels
Justice Antonin Scalia

8. III. Appointing Justices
Appointed by President and approved by the Senate
Politics plays a big role. President picks members of his own party
American Bar Association rates the nominee’s qualifications
Sitting justices may have considerable influence.
Justice Sonia Sotomayor

9. IV. How the Court Operates
Caseload
8,000 cases appealed to the Court each year
At least four justices must agree to hear the case
Fewer than 100 cases a year
Oral Arguments
Public sessions Mondays, Tuesdays, and Wednesdays
Attorneys have 30 minutes to make their case
Justice Ruth Bader Ginsburg

10. IV. How the Court Operates
Briefs
Each side presents detailed statements supporting their case
Arguments built on relevant facts and the citation of previous cases
Conference
Meet to discuss cases
Vote taken
Justice Elena Kagan

11. IV. How the Court Operates
Opinions
A justice is assigned to write the Court’s Opinion
Majority Opinion: Announces the Court’s decision and sets out the reasoning on which it is based
Concurring Opinion: Written if a justice agrees with the majority’s decision but not with the reasoning
Dissenting Opinion: Written by those who disagree with the majority’s decision
Justice Anthony Kennedy