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The Judicial Branch. Chapter 18. Part 4. The Supreme Court . Basics. Only court specifically created by the Constitution Judicial Review The deciding if something is constitutional or not Marbury v. Madison. John Roberts Chief Justice since 2005 Appointed by George W. Bush
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The Judicial Branch Chapter 18
Part 4 The Supreme Court
Basics • Only court specifically created by the Constitution • Judicial Review • The deciding if something is constitutional or not • Marbury v. Madison
John Roberts • Chief Justice since 2005 • Appointed by George W. Bush • US Court of Appeals for DC
Clarence Thomas • Associate Justice since 1991 • Appointed by George H. W. Bush • US Court of Appeals for DC • Ruth Bader Ginsburg • Associate Justice since 1993 • Appointed by Bill Clinton • US Court of Appeals for DC
Stephen Breyer • Associate Justice since 1994 • Appointed by Bill Clinton • US Court of Appeals for the 1st Circuit • Anthony Kennedy • Associate Justice since 1988 • Appointed by Gerald Ford • US Court of Appeals for the 9th Circuit
Samuel Alito • Associate Justice since 2006 • Appointed by George W. Bush • US Court of Appeals for the 3rd Circuit • Sonia Sotomayor • Associate Justice since 2009 • Appointed by Barack Obama • US Court of Appeals for the 2nd circuit
Elena Kagan • Associate Justice since 2010 • Appointed by Barack Obama • Solicitor General of the US • Antonin Scalia • Associate Justice since 1986 • Appointed by Ronald Reagan • US Court of Appeals for DC
Jurisdiction • Both appellate and original jurisdiction • Most are appellate • 2 types of cases can be heard as original jurisdiction • Those in which the state is the party • Those affecting ambassadors, or other public ministers and consuls
The Rule of Four • How they choose cases to hear • At least 4 of the 9 Justices must agree that the case should be put on the docket • Most cases reach the Supreme Court by • Writ of Certiorari • An order by the court directing the lower court to send up the record in a given case for its review • Most writ are denied by the Supreme Court
How the Supreme Court Operates 1. The Supreme Court accepts a case and sets a date • 2 week cycles • Hear cases for two weeks and then recess to consider the cases for two weeks • Oral arguments • Limited to 30 minutes • Briefs: written documents filed before the oral arguments 2. Solicitor General: The Attorney for the US
3. Conference • Consider the Cases they heard • Chief Justice in charge 4. Opinion • After a vote and decision is made it is written in the form of an opinion • Chief Justice assigns who writes the courts opinion
Types of Opinions • Majority Opinion: • This is the opinion of the court. • The Ruling • Precedents: examples for lower courts • Concurring Opinion: • Add or emphasize a point from the Majority Opinion • Dissenting Opinion: • Written by those Justices who don’t agree with the Majority
You must know Due Process • The Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 5th amendment • 14th amendment puts the same restrictions on States and Local Governments • Due process is defined on a case by case basis
“It is better that ten guilty persons go free than that one innocent person be punished” • Any person who is suspected or accused of a crime is innocent until proven guilty • To make sure this happens an accused person has a number of rights: • Habeas Corpus • Bills of Attainder • Ex Post Facto • Grand Jury • Double Jeopardy • Speedy and Public Trial • Trial By Jury • Right to an Adequate Defense • Self -Incrimination
