The , America's highest judicial body, wields immense power in shaping laws and society. With nine lifetime-appointed justices, it interprets the Constitution, resolves disputes between states, and can strike down laws deemed unconstitutional.
Cases reach the Court through a selective process, with justices choosing cases based on their significance and potential impact. The Court's decisions, from ending school segregation to legalizing same-sex marriage, have profoundly influenced American life and continue to shape the nation's legal landscape.
The Supreme Court
Composition and functions of Supreme Court
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Nine justices serve on the Supreme Court, including one and eight
President nominates justices, and the Senate confirms them through a hearing and vote process
Justices receive lifetime appointments to help ensure judicial independence from political pressures
Serves as the highest court in the federal judiciary, having the final say on legal matters
Holds the power of , allowing it to strike down laws and executive actions deemed unconstitutional ()
Interprets the meaning and application of the Constitution and federal laws
Resolves legal disputes between states, such as boundary or water rights issues
Hears appeals from lower federal courts and state courts on cases involving federal questions or constitutional issues
Supreme Court case selection process
Most cases reach the Supreme Court through a petition for a , a request for the Court to review a lower court's decision
Justices use the "," requiring at least four justices to agree to hear a case before granting certiorari
Justices consider several factors when deciding to grant certiorari:
Conflicting decisions among lower courts on the same legal issue
Significance and broad impact of the legal question presented
Constitutionality of a law or government action being challenged
Once a case is accepted, the Court follows a decision-making process:
: Attorneys for each side present their case and answer questions from the justices
Interested parties may submit ("friend of the court") briefs to provide additional perspectives
Conference: Justices privately discuss the case and take an initial vote on the outcome
Opinion writing: The Chief Justice assigns the if in the majority; otherwise, the most senior justice in the majority assigns it
Majority opinion announces the Court's decision and explains its reasoning
written by justices who agree with the majority's conclusion but have different reasons
express disagreement with the majority's decision and rationale
Impact of Supreme Court decisions
Landmark cases have significantly shaped American law and society:
ended racial segregation in public schools
recognized a constitutional right to privacy and legalized abortion
legalized same-sex marriage nationwide
Supreme Court plays a crucial role in interpreting the Constitution to protect individual rights and liberties (freedom of speech, due process)
Court adapts the law to changing social, economic, and political conditions over time
Resolves controversial issues and provides legal guidance to lower courts for consistent application of the law
Justices' personal biases and ideologies can influence decisions, leading to concerns about judicial objectivity
Court decisions can be overturned by constitutional amendments or future Court rulings, demonstrating the evolving nature of legal interpretation
Debate persists over vs. , questioning the appropriate scope of the Court's power in shaping policy
Legal Principles and Interpretation
: The Court's authority to hear and decide cases, which includes original jurisdiction for certain types of cases and appellate jurisdiction for others
: Prior court decisions that guide future rulings on similar issues
: The process by which the Court determines the meaning and application of the Constitution to specific cases
: The principle of adhering to precedent in making legal decisions, which promotes consistency and stability in the law
Key Terms to Review (21)
Amicus Curiae: An amicus curiae, or 'friend of the court,' is a third party who is not directly involved in a legal case but provides information or arguments that may be relevant to the court's decision. Amicus curiae briefs are often submitted in high-profile or significant cases to offer additional perspectives or expertise that could assist the court in reaching a well-informed ruling.
Associate Justices: Associate Justices are the judges of the Supreme Court who are not the Chief Justice. They play a critical role in the court's decision-making process and help interpret the Constitution and federal law. Together with the Chief Justice, they form the highest judicial authority in the United States, reviewing cases that have significant legal implications and addressing issues of national importance.
Brown v. Board of Education: Brown v. Board of Education was a landmark 1954 Supreme Court case that overturned the precedent set by Plessy v. Ferguson, declaring that state laws establishing racial segregation in public schools were unconstitutional. This decision played a pivotal role in the African American struggle for equality and the evolution of American federalism.
Chief Justice: The Chief Justice is the head of the judicial branch of the United States government and the highest-ranking judge in the country. As the presiding officer of the Supreme Court, the Chief Justice is responsible for overseeing the operations of the federal court system and leading the Supreme Court in its interpretation of the Constitution and laws.
Concurring Opinions: Concurring opinions are separate judicial opinions written by one or more justices who agree with the majority's decision but want to express different reasons or highlight specific points. These opinions can provide insights into the justices' interpretations of the law and can influence future cases, as they may address issues not covered in the majority opinion. Concurring opinions reflect the nuances of judicial decision-making and the implementation of court rulings.
Constitutional Interpretation: Constitutional interpretation is the process of determining the meaning and application of the provisions in the U.S. Constitution. It involves analyzing the text, historical context, and judicial precedents to understand the intended purpose and scope of constitutional principles and rights.
Dissenting Opinions: A dissenting opinion is a written statement by a judge on a court that disagrees with the majority decision reached by the other judges. It provides an alternative perspective and reasoning for why the case should have been decided differently.
Judicial Activism: Judicial activism is the practice where judges interpret and apply the law in a way that is influenced by personal opinions, social conditions, or political agendas, often leading to significant changes in public policy through court rulings. This approach allows the judiciary to play a crucial role in protecting individual rights and the Constitution, especially when legislative bodies fail to act or uphold justice.
Judicial Restraint: Judicial restraint is a legal philosophy that encourages judges to interpret the law narrowly, deferring to the decisions of the legislative and executive branches of government. It emphasizes judicial modesty and caution in expanding individual rights or striking down laws, rather than an activist approach to judicial decision-making.
Judicial Review: Judicial review is the power of the courts, particularly the Supreme Court, to examine the actions of the legislative and executive branches of government and to determine whether they are constitutional. It is a fundamental principle of the American system of government that allows the judiciary to serve as a check on the other branches and ensure that their actions do not violate the Constitution.
Jurisdiction: Jurisdiction refers to the authority or power of a court or government entity to hear and decide cases, make judgments, and enforce its rulings. It determines the scope and limits of a court's or government's legal control over a particular geographic area, subject matter, or group of people.
Majority Opinion: The majority opinion is the written decision of the Supreme Court that represents the view of the majority of the justices who have decided a particular case. It serves as the authoritative interpretation of the law and the basis for the Court's ruling.
Marbury v. Madison: Marbury v. Madison is a landmark Supreme Court case that established the principle of judicial review, which gives the judicial branch the power to declare acts of Congress unconstitutional. This case has far-reaching implications for the balance of power between the three branches of government and the protection of individual rights.
Obergefell v. Hodges: Obergefell v. Hodges was a landmark 2015 Supreme Court case that legalized same-sex marriage nationwide, establishing it as a fundamental right protected by the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The ruling overturned state-level bans on same-sex marriage, making it legal in all 50 states.
Oral arguments: Oral arguments are the spoken presentations made by attorneys before a court, particularly in the context of appeals in higher courts like the Supreme Court. During these sessions, lawyers have the opportunity to summarize their case, respond to questions from the justices, and emphasize key points from their written briefs. This process allows the justices to clarify legal issues and understand the implications of their decisions.
Precedent: Precedent refers to a previous legal decision or ruling that serves as an example or authority for deciding subsequent similar cases. It is a fundamental principle in the common law system, where courts are generally bound to follow the decisions of higher courts or their own prior rulings on similar issues.
Roe v. Wade: Roe v. Wade is a landmark 1973 Supreme Court case that established the constitutional right to abortion in the United States. The decision struck down laws in many states that had made abortion illegal, effectively legalizing the procedure nationwide.
Rule of Four: The Rule of Four is a principle used by the Supreme Court in determining which cases to hear. It states that a case will be granted a writ of certiorari and heard by the Court if at least four of the nine Justices vote to do so, even if the other five Justices would have denied the petition.
Stare Decisis: Stare decisis is a legal principle that requires courts to follow the precedents established by previous judicial decisions. It is a fundamental concept in the common law system, where judges are bound to apply the same legal principles to similar cases in order to ensure consistency and predictability in the law.
Supreme Court: The Supreme Court is the highest court in the United States and the head of the judicial branch of the federal government. It serves as the final arbiter of the Constitution, interpreting the law and ensuring the government's actions are in accordance with the founding document.
Writ of certiorari: A writ of certiorari is a legal order issued by a higher court to review the decision of a lower court. This process allows the Supreme Court to choose which cases it wants to hear, typically involving significant constitutional or legal questions. It serves as a crucial mechanism for maintaining the rule of law and ensuring uniformity in the interpretation of federal laws across the nation.