supreme_court_of_the_united_states

The Supreme Court of the United States (SCOTUS) is the highest court of the judiciary of the United States of America. Between 1800 and 1935, it met primarily in the basement of the United States Capitol building, then in the Old Senate Chamber, until it moved into its present location at One First Street NE, Washington, D.C.. Alexander Hamilton originally described the federal judiciary as the “least dangerous branch” due to the fact that it does not have the power to enforce or controls the country's finances.<ref>http://www.constitution.org/fed/federa78.htm Federalist #78</ref> However, the Supreme Court does have significant power and has grown to now rivals or even exceed that of the other branches of government.

Decisions by Term

Structure

By custom, the Court is composed of eight Associate Justices and one Chief Justice. To assist them there are many clerks, guards, and staff. Cases are heard en banc whenever the Court is in session. Historians generally divide Court history into eras named after the Chief Justice then presiding (e.g., the Rehnquist Court and the Warren Court).

Justices are appointed by the U.S. President with the advice and approval of the U.S. Senate, which means that confirmation by a vote of a simple majority of the Senate is required before one can be sworn in as a Justice of the Supreme Court.

A list of pending cases to be heard on their merits by the Supreme Court, also known as petitions for which certiorari has been granted, is available on its website.<ref>Cases pending for the 2007 term</ref>

Opinions

Prior to the Marshall Court, the Court issued opinions in seriatim. This means that each Justice wrote his own opinion and delivered it from the bench. Currently, the Court issues one opinion, said to be “the opinion of the Court”. Opinions tend to have the history of the case, followed by the Court's reasoning and action. Generally the opinion will be written by a member of the majority, chosen by either the Chief Justice or the most senior Justice in the majority.

When a majority of Justices agrees to the opinion, it is called the majority opinion. Occasionally, a majority of Justices agrees to the remedy, yet a minority of Justices agrees with the main opinion. This is called a plurality opinion.

Justices that disagree with the Court's action can and frequently do write dissenting opinions, which state their objections to the ruling. When a Justice agrees with an action, but not the reasoning behind it, he may write a concurring opinion, which states the reasoning he would have used. Such opinions have no bearing on the case at bar, but are often used later in time as justification for legal rulings.

Conservative and liberal votes

Four of the five most conservative justices to serve on the court since 1937, out of a total of 43 justices, are on the court right now: Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito The fifth was Chief Justice William Rehnquist, whom Chief Justice Roberts replaced in 2005.<ref> see Adam Liptak, “To Nudge, Shift or Shove the Supreme Court Left,” ''New York Times'' Jan. 31, 2009 Data from a 2008 study by William M. Landes, who teaches law and economics at the University of Chicago, and conservative Judge Richard A. Posner of the federal appeals court. </ref> Looking at votes in divided cases on ideologically charged issues like criminal procedure, civil rights and the First Amendment shows Justice Thomas, the most conservative justice. He voted for the conservative position in those cases 82% of the time. Justice Marshall, the only other African-American to serve on the court, was by this measure the most liberal, voting for the conservative side 21% of the time.

In ten of the last eleven appointments, the new justice was more conservative than the one replaced.

Current Members

References

Fair Use References are embedded in the above article as footnotes.

See Also

Further Reading

  • Hall, Kermit L., ed. The Oxford Companion to the Supreme Court of the United States (2005) excerpt and text search, complete text online at many academic libraries.
    • Patrick, John J. ed. The Young Oxford Companion to the Supreme Court of the United States (1994)
  • Hall, Kermit L., and James W Ely Jr., eds. The Oxford Guide to United State Supreme Court Decisions (2009) excerpt and text search, complete text online at many academic libraries.
  • Rehnquist, William H. The Supreme Court (2002), a popular introduction excerpt and text search
  • Savage, David G. Turning Right: The Making of the Rehnquist Supreme Court (1993) excerpt and text search

United States Supreme Court Cases United States Supreme Court United States Law Conservatives New Deal Reagan Era United States History

Snippet from Wikipedia: Supreme Court of the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America. It has ultimate (and largely discretionary) appellate jurisdiction over all federal and state court cases that involve a point of federal law, and original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party". The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.

Established by Article III of the Constitution, the composition and procedures of the Supreme Court were initially established by the 1st Congress through the Judiciary Act of 1789. As later set by the Judiciary Act of 1869, the Court consists of the chief justice of the United States and eight associate justices. Each justice has lifetime tenure, meaning they remain on the Court until they resign, retire, die, or are removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice. Each justice has a single vote in deciding the cases argued before it. When in majority, the chief justice decides who writes the opinion of the court; otherwise, the most senior justice in the majority assigns the task of writing the opinion.

The Court meets in the Supreme Court Building in Washington, D.C. Its law enforcement arm is the Supreme Court Police.

supreme_court_of_the_united_states.txt · Last modified: 2020/03/12 18:39 (external edit)