4.17: SUPREME COURT. AP U. S. Government

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1 4.17: SUPREME COURT C AP U. S. Government

2 Article III of the Constitution establishes the Supreme Court as the this co-equal branch of the US government. In its early history the Court was not so prestigious. John Jay retired from the Supreme Court to run for governor of New York. He later declined Adams appointment as Chief Justice The framers of the Constitution spent only two days drafting and debating Article III When Pierre L Enfant designed Washington DC he forgot to plan for the Court building The Supreme Court didn t have a permanent home until 1935

Marshall s pro-federalists decisions strengthened both the Court and the

3 Chief Justice John Marshall s 35 year tenure shaped the Court into what it is today, a strong check on power, and protector of liberty. Marshall s pro-federalists decisions strengthened both the Court and the national government Marbury v. Madison established the precedent of judicial review

4 Jurisdiction Original jurisdiction: 1) cases involving representatives of foreign governments 2) certain cases between different states Appellate jurisdiction: 1) cases from the 12 US Courts of Appeals and US Court of Appeals for the Federal Circuit 2) US Court of Military Appeals 3) cases from district courts regarding acts of Congress 4) Appeals from state high courts on issues of constitutional law.

5 Duties Duties of the court have evolved over the centuries. The primary task is to hear and rule on cases. Three primary decisions made by justices: 1) which cases to hear 2) ruling on cases before the court 3) providing and explanation for ruling (opinion) Ride the circuit The Chief Justice has the added responsibility of presiding over the conference, and serve as administrator of the federal court system Since 1882 clerks have assisted the justices

6 Court Basics During a term, the Court sits for two weeks per month During these sittings, the Court hears oral arguments on cases. Arguments are heard on Mondays-Wednesdays Thursday and Friday are reserved for conference. These are meetings held in private chambers in which justices to decide cases After two weeks of hearing cases, Court recesses. During the recess justices write opinions and discuss what cases they will consider in the future The Court hears only 5% of the cases appealed

7 How Cases Reach the Court The main road to the Supreme Court is by a writ of certiorari A cert is an order from the Supreme Court to a lower court to send records on a case for review. Certs are granted when attorneys for the case petition the Court on the grounds that the case was mishandled by the lower court or the case involves an important Constitutional question.

8 How Cases Reach the Court 90% of all petitions for Certiorari are rejected Why? The court may feel that the case has no real Constitutional merit They may feel that another case pending will address the issue more effectively They may not want to deal with a hot potato If the Court refuses to take the case, the lower court decisions stands. Stare decisis let the decision stand.

9 How Cases are Selected Cases with merit are placed on a discuss list by justices and their clerks, cases not making the list a remanded to the lower courts Justices and their clerks review petitions for certiorari while in recess. Friday afternoon justices discuss cases on the list, if 4 of the 9 decide to take the case a writ of certiorari will be issued (k.a. the Rule of Four) Lawyers in the case will be notified and send briefs to the Court

10 How Cases are Selected In some cases the justices will decide a case without hearing oral arguments. During the Friday discussion justices can accept a case and issue a per curiam opinion A per curiam (by the court) opinion is a decision made by the court without hearing arguments or receiving new information. Even though a per curiam is unsigned all courts are bound by the decision. Usually involves a case where there was a clear procedural error by the lower court.

11 By certificate lower court requests SCOTUS to help them decide which rule should apply But most cases arrive via a writ of certiorari an order from the SC to a lower court directing the case to be sent up for review can actually be given without a lower court decision Rule of 4 required for certiorari To be made more certain When cert is denied, lower court decision stands Cert granted usually when 1) 2 or more Federal Circuit Courts of Appeals have disagreed or 2) Highest court in a state has held a federal or state law either valid or in violation of the Constitution

12 STEPS IN DECIDING A CASE C

13 Steps in Deciding A Case: Step 1: Submitting Briefs Once a case is accepted, lawyers must submit briefs to the Court. A brief is a written statement that outlines the legal arguments, facts of the case, precedents that support their case Amicus curiae briefs may be submitted by parties not directly involved in the case but have an interest in its outcome. Amicus briefs are filed by interest groups, government agencies, or private citizens Amicus briefs are ways of lobbying or influencing the Court

14 Steps in Deciding A Case: Step 2: Oral Arguments After briefs are received the case is placed on the docket Lawyer for each side are given 30 minutes to argue their case. During this time justices are free to interrupt with questions (time is not credited) A light on the podium notifies the attorney when time s up. Lawyers follow Court protocol, failure to do so often means you can t come back.

15 Steps in Deciding A Case: Step 3: Conference Friday Conference. Justices debate cases for 6 to 8 hours. No notes of the discussions are kept. The Chief Justice serves as moderator. Justices discuss their opinions on the case in order of seniority. Each case is given about 30 minutes. The discussion on what cases to consider in the future is often less than 5 minutes. Once discussion is closed, justices vote. 6 justices are required for a quorum. If a tie occurs the lower court decision stands

16 Steps in Deciding A Case: Step 4: The Opinion In major cases the Court issues at least one opinion. The opinion states the facts of the case, the Constitutional questions, announces the Courts decisions and offers some explanation. The opinion serves as the precedent for lower courts to follow when deciding similar cases It also serves as a way for the Court to communicate to Congress, the president, and state governments

17 Steps in Deciding A Case: Step 4: The Opinion Four types of opinions: 1) Unanimous- all justices vote the same way 2) Majority written in agreement with the case 3) Concurring- when one or more justices have other reasons for decision other than those mentioned in the majority 4) Dissenting- opinion of justices on the losing side. May serve as the precedent for cases in the future

18 SHAPING POLICY C

19 How the Court Shapes Policy Three tools: 1) Judicial review- Court s power to examine the laws and actions of the national, state, and local governments 2) Interpretation of law- Courts authority to refine and clarify the language of the law 3) Overturning previous decisions- Legal system based on the principle of stare decisis. To lend predictability to the law precedents serve as the guide for subsequent decisions

20 LIMITS ON COURT S POWER C

21 Limits on Court Power Types of issues- The Court has little influence in the area of foreign policy. Rules for accepting a case: 1) Court will only consider cases where a decision will make a difference. It will not give advisory opinions (ruling on a law that has not been challenged) 2) Plaintiffs must have suffered some real harm 3) Case must have a substantial federal question 4) Courts typically refuse to hear cases of a political nature

22 Limits on Court Power Limited control on the agenda- Court can only deal with cases within its jurisdiction and when plaintiffs bring a case. As federal laws change so does the Court s authority. Lack of enforcement power- Court has no mechanism by which to enforce its decisions. Most decisions are obeyed, others Checks and balances- The president appoints justices, Senate confirms nominees. Congress has the authority to create all federal courts below the Supreme Court as well as determine the number of justices

23 Limitations constraining Judicial Actions: Reactive nature of the Courts Ability Of Congress to pass new laws (or modified) Or President to modify executive regulations Public Opinion (gradual impact) Trend toward moderate decisions Narrow interpretation of the law the norm=> narrow rulings Court s need to maintain Public s perception of Legitimacy Avoid sweeping changes to precedence

Unit V: Institutions The Federal Courts

Unit V: Institutions The Federal Courts Introduction to Federal Courts Categories of law Statutory law Laws created by legislation; statutes Common law Accumulation of court precedents Criminal law Government