Supreme Court

The Supreme Court • Alexander Hamilton once said – “the judiciary is beyond comparison the weakest of the three departments of power” • Do you agree?

Why do we have a Supreme Court?

• Established by Article III of the U.S. Constitution – “the judicial power of the United States shall be vested in one supreme court”

Where is the Supreme Court located?

Has it always been there?

No… • February 1, 1790 – Merchants Exchange Building • New York, NY

• 1st Chief Justice of Supreme Court – John Jay

Where is the next meeting?

• When Washington, D.C. is finished – Supreme Court moves to U.S. Capitol Building • In the basement

• 1814 – After DC was attacked by British • Supreme Court meets in a bar for a year until Capitol Bldg. is fixed.

Then, they finally get their own home. • 1935 – Franklin D. Roosevelt has the Supreme Court building built in Washington, D.C.

Supreme Court Building

Development of the Supreme Court • 1789 – Established the Judiciary Act • Established a 3 tier structure for the federal court system – Local and district courts – Courts of appeals – Supreme Court

– That’s all they got done….literally • The country was too young for there to be a lot of Supreme Court cases.

– Even Chief Justice John Jay worked part time as U.S. Ambassador to Britain

The Supreme Court gains Strength • 1801 – New Chief Justice John Marshall believed the court needed to be stronger.

• 1st major Supreme Court case – Marbury vs. Madison • S.Ct ruled that they have final voice in deciding the constitutionality of government issues.

– Called “judicial review”

Today’s Supreme Court • Very influential.

• 9 justices make up the court • 1 Chief Justice – Justice who presides over the court.

• Today’s Chief Justice – John Roberts

How do you become a Supreme Court Justice?

• Anybody can become a Supreme Court justice – No Constitutional age or professional requirement

• Must be appointed by POTUS – Needs approval from Senate – Appointed for life!!!

• Most recent – Judge Sonia Sotomayor • Appointed by Pres. Obama

How does the Supreme Court work?

• Supreme Court serves primarily as an appeals court.

– 90% of its cases come from lower courts – Other cases heard by S. Court refer to

• Disputes between 2 states (Ohio vs. Michigan) • Disputes between state and federal government (Maryland vs. US)

• How do you win an appeal to the Supreme Court?

– Must write out a writ of certiorari

• A written request to have your case heard by the Supreme Court.

– If they say yes, your case goes on the docket » Schedule of cases for the Supreme Court to get to.

What steps are taken once a case is taken by the Supreme Court?

• Briefs given to justices

– They read privately in chambers

• Oral arguments given by attorneys on case – Have timed arguments (usually 30 minutes)

• Conference

– Led by Chief Justice

• Talk about case, new cases, and other judicial issues

• Preparation of opinions

– Need a majority vote for an appeal to take place.

– Most senior member of “Concur” votes writes the opinion • Concur = agree, but for different reasons

– Most senior member of “Dissent” votes writes the opinion • Dissent = disagree

• Announcement of decisions – Announcement made to public

The End…