The Supreme Court is the highest court in the US judicial system. It has the final say on interpreting the Constitution and federal law. Below the Supreme Court are the lower federal courts and state courts, which together form a dual court system. Cases can be heard in either federal or state courts depending on the types of laws, parties, and jurisdictional issues involved. The Supreme Court has both original jurisdiction over a few specific types of cases and appellate jurisdiction to review cases from lower courts. Its key powers include judicial review and establishing precedents through its rulings.

1. The Courts and Judicial Branch

2. Question? What is the Supreme Court?

3. Article III of the Constitution Specifically creates only the Supreme Court Gives Congress the power to create lower federal courts or “inferior courts” Provides guidelines of the terms of office and compensation of federal judges. Justices serve for the rest of their life or as long as they practice “good behavior.”

4. Different courts Supreme Court Lower federal courts State courts State and Federal courts create a dual court system.

9. Constitutional Courts The District Court The Courts of Appeal The Courts of International Trade

10. The District Courts 94 district courts Each district court has 2 to 28 judges All courts of original jurisdiction No Appeals Except: they may take appeals from state courts if constitutional questions are involved Hear both criminal and civil cases

11. Courts of Appeals 13 Courts of appeal 12 judicial circuits Never original jurisdiction 3 judges on most case More on big cases Majority vote 1 Court of appeals for the Federal Circuit Hears cases from the legislative courts And some cases from district courts Cases can then be taken to the Supreme Court

12. The Court of international trade Civil cases regarding tariffs and trade Based in New York City Cases are also heard in other major port cities

13. Supreme Court The Federal Court System 12 Courts of Appeals Court of Appeals for the Federal Circuit Court of Military Appeals Tax Court Court of International Trade Court of Military Review Federal Regulatory Agencies Claims Court 94 District Courts Court of Veterans Appeals

14. Legislative Courts Have a narrow scope Fewer cases Article I, Section 8 The Court of Military Appeal The United States Claim Court The Courts of the District of Columbia The Territorial Courts The Courts of Veterans Appeals The United States Tax Court

16. Federal Judges: Selection Criteria The President nominates each federal judge and the senate approves them 1251 federal judges Experience and Background Party Affiliation Political Ideology Race and Gender Senatorial Courtesy

17. Selection Process The Presidents choice Congress Agencies within the Executive Departments Sitting judges and justices Prospective nominees The American Bar Association Senate Confirmation Selection Gridlock

18. The Supreme Court

19. The Supreme Court 9 Supreme Court Justices Judiciary Act of 1789 Originally there were 6 Duties Deciding which cases to hear Deciding the case itself Dealing with request for special legal actions Other additional duties (such as serving on special commissions)

20. Chief Justice Highest-ranking justice in the “land” Presides over sessions and conferences If he/she agrees with the majority decision, he/she usually writes the majority opinion Supervises the general admission of the federal court system

22. The Supreme Court at Work Choosing The Case Hearing the Case Deciding the Case Implementing Decisions

23. Choosing the Case 7,738 Case Submitted in the 2008-2009 term First Monday in October The justices sort through the petitions The Supreme Court does not have to hear any appeals that they do not want to consider. About 90% come from the writ of certiorari Case that the lower courts “mishandled” They never explain why the pic the case they do

24. Three Important Factors Whether the legal question has bee decided differently by two lower-courts. If a lower-court decision conflicts with an existing Supreme Court ruling. If the issue could have significance beyond the two parties in the case.

25. Choosing the Case (continued) After reading through all of the cases they vote one by one out loud Starting with the chief justice and moving down in seniority If a minimum of 4 justices vote to accept it then they will hear that case The most junior justice takes notes on the decisions.

26. Hearing the Cases Public hearings Monday, Tuesday, and Wednesday Listen to lawyers present each side of 2 to 3 cases a day Some cases are decided without an oral argument Start in October and end in June Cases do not carry over to the next session Before case is heard in the open court: Justices receive briefs from lawyers on both sides who present legal augments, historical material and related previous court decisions Justices often receive amicus curiae briefs from individuals, interest groups, or government agencies

27. Deciding the Cases Justices meet privately after the public hearing The chief justice presides Stating the facts of the case Making suggestions for deciding the case Each justice give his/her views and conclusions About 1/3 of the decisions are unanimous The rest are split Define: Majority Opinion: The view of the Supreme Court justices who agree with a particular ruling

28. Deciding the Cases (Continued) Define Dissenting Opinion: A Supreme Court opinion by one or more justices in the minority who oppose the ruling Define Concurring Opinion: A Supreme Court opinion by one or more justices who agree with the majority’s conclusion but wish to offer differing reasons. All decisions must be made by June

29. Implementing Decisions United States v. Virginia (1996) Citadel Brown v. Topeka (1954)

30. Policy-Making Power of the Supreme Court

31. Precedents stare decisis “Let the decision stand” Previous rulings on similar cases Can be overturned

32. Judicial Activism vs. Judicial Restraint Define Judicial Activism: The belief that the Supreme Court justices should actively make policy and sometimes redefine the Constitution. Define Judicial Restraint: The belief that Supreme Court justices should not actively try to shape social political issues or redefine the Constitution.

33. Checks on Judicial Power Limited Powers of enforcement Congress Confirms all presidential nominees to federal judgeships Impeach judges and justices Alter the organization of the federal courts systems (other than the Supreme court. Ament the constitution The President Public Opinion

34. The End For today…