Simone Lawson
The Supreme Court is the highest court in the United States, with the power to hear cases that involve disputes between states or disputes arising among high-ranking government officials. It has original and appellate jurisdiction, meaning it can be the first and only court to hear a case, or it can review decisions made by lower courts. The Supreme Court plays a crucial role in ensuring that all branches of the government respect their limits and that civil rights and liberties are protected. While the Supreme Court typically hears cases related to the Constitution, it also has the power to hear cases involving federal laws and treaties. The Supreme Court receives about 10,000 petitions per year but only hears about 65-70 cases, carefully choosing which cases to take on based on their potential impact and significance.
| Characteristics | Values |
|---|---|
| Number of seats | 9 (1 Chief Justice and 8 Associate Justices) |
| Appointment of justices | Appointed by the President and confirmed by the Senate |
| Term of office | Justices typically hold office for life |
| Jurisdiction | Original and appellate |
| Number of petitions received per year | About 10,000 |
| Number of cases heard per year | 65-70 |
| Number of cases accepted for review per year | 100-150 |
| Decision to accept a case | Made by 4 of the 9 justices using the "Rule of Four" |
| Decision to grant a stay | Requires 5 of the 9 justices |
| Hearing of cases | In session, conferences are held twice a week on Wednesday and Friday afternoons |
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What You'll Learn
The Supreme Court's role in interpreting the Constitution
The Supreme Court plays a crucial role in interpreting the US Constitution and ensuring that it is upheld. The Court's powers are outlined in Article III of the Constitution, which establishes its jurisdiction. The Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case, and this is limited to cases involving disputes between states or disputes among ambassadors and other high-ranking ministers.
Most of the cases heard by the Supreme Court are appeals from lower courts, which fall under its appellate jurisdiction. The Court can hear cases on appeal that involve points of constitutional law, federal law, or treaties. The Certiorari Act of 1925 gives the Court discretion over which cases to hear, and it usually only accepts cases of national significance or those that could harmonise conflicting decisions in lower courts. The Court receives about 10,000 petitions a year but only hears around 65-70 cases.
The Supreme Court's power of judicial review is essential for ensuring that each branch of government recognises its limits. The Court can declare a legislative or executive act unconstitutional, as seen in the Marbury v. Madison case, where the Court asserted its power to determine the constitutionality of government actions. The Court has also established its authority to strike down state laws that violate the Constitution.
The Supreme Court's decisions have a profound impact on society, protecting civil rights and liberties and setting limits on democratic government. By interpreting the Constitution and ensuring its application, the Court plays a vital role in upholding the fundamental values and principles that govern the nation.
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Supreme Court's original and appellate jurisdiction
The jurisdiction of the Supreme Court of the United States is outlined in Article III of the U.S. Constitution. The Court's jurisdiction can be original or appellate.
Original jurisdiction means that the Supreme Court can hear a case directly without it going through lower courts first. Original jurisdiction only applies to specific cases, such as those involving disputes between different states, suits between two or more states, cases involving ambassadors and other public ministers, and cases in which a state is a party. For example, in United States v. Shipp (1906), a criminal complaint was filed directly with the court, and in Texas v. Pennsylvania (2020), the State of Texas filed an action with the Supreme Court alleging that four states had violated the United States Constitution.
Appellate jurisdiction refers to the Supreme Court's authority to review decisions made by lower courts. Most cases come to the Supreme Court on appeal, meaning the case has already been heard in a lower court. The Supreme Court reviews the previous decision and can choose which cases to hear. The Court primarily exercises this power through writs of certiorari, where it chooses to review cases that have significant legal or constitutional questions. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case.
The Supreme Court receives about 10,000 petitions a year and hears about 65-70 cases. The justices use the Rule of Four to decide if they will take a case. If four of the nine justices determine that a case has merit, they will issue a writ of certiorari, ordering the lower court to send the records of the case for review.
The Supreme Court's original and appellate jurisdiction allows it to maintain a central role in shaping American law, providing a final and authoritative interpretation of the Constitution and statutory laws within the federal judiciary system.
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Supreme Court's power of judicial review
The Supreme Court of the United States is the ultimate interpreter of the Constitution and has the power of judicial review, which is the ability to declare a legislative or executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was asserted by the Court barely a decade into its history in Marbury v. Madison.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers.
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. The Supreme Court has appellate jurisdiction over almost any case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Supreme Court receives about 10,000 petitions a year but only hears about 65-70 cases. The justices use the Rule of Four to decide if they will take a case. If four of the nine justices determine that a case has merit, they will issue a writ of certiorari, ordering the lower court to send the records of the case for review. The Supreme Court usually only hears cases that could have national significance, might harmonize conflicting decisions in federal Circuit courts, and/or could have precedential value.
The power of judicial review plays an essential role in ensuring that each branch of government recognizes the limits of its own power. It also protects civil rights and liberties by striking down laws that violate the Constitution and sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.
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Supreme Court's role in protecting civil rights and liberties
The Supreme Court is the highest court in the United States and plays a crucial role in safeguarding civil rights and liberties. It has the power of judicial review, which enables it to strike down laws that violate the Constitution and protect the rights guaranteed within it. This power ensures that the government's actions do not infringe on the fundamental freedoms and rights of its citizens, including freedom of speech, freedom of religion, and due process of law.
One notable example of the Supreme Court's role in protecting civil rights is the case of Miranda v. Arizona in 1966. The Court ruled that Ernesto Miranda's confession during police interrogation was inadmissible because he had not been informed of his right to counsel. This case established the well-known "Miranda warning" and upheld the Fifth Amendment's protection against self-incrimination.
Another landmark case is Griswold v. Connecticut in 1965, which recognized a "right to privacy" in the Constitution. This right to privacy was later used in Roe v. Wade to protect a woman's right to abortion under the 14th Amendment's Due Process Clause. The Supreme Court's rulings in these cases have had a profound impact on the lives of Americans, ensuring that their fundamental rights are respected and protected.
The Supreme Court also plays a crucial role in addressing discrimination and ensuring equal protection under the law. In United States v. Virginia in 1996, the Court applied the Equal Protection Clause rigorously to address sex discrimination. This case, along with Reed v. Reed, helped expand protections against discrimination based on sex, with Ruth Bader Ginsburg playing a key role in the earlier case.
Additionally, the Supreme Court has handled cases involving discrimination based on sexual orientation. In Loving v. Virginia (1967), the Court addressed discrimination against interracial couples, and in Obergefell v. Hodges (2015), it dealt with the legalization of same-sex marriage. These cases reflect the Court's role in advancing social change and protecting the rights of minority groups.
The Supreme Court's decisions have far-reaching consequences, impacting not just lawyers and judges but society as a whole. Its role in protecting civil rights and liberties is essential for maintaining the checks and balances within the American constitutional system of government.
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Supreme Court's role in resolving circuit splits
In the United States federal court system, a circuit split occurs when two or more circuit courts of appeals issue conflicting rulings on the same legal issue. The Supreme Court of the United States is responsible for resolving these splits and is more likely to grant a review of a case if it involves a circuit split. This is because the Supreme Court aims to prevent confusion and forum shopping that can result from conflicting rulings.
However, the existence of circuit splits is not always considered detrimental. Some scholars argue that they allow local courts to experiment with new laws that reflect the values of local residents. Additionally, in some specialised areas of the law, cases are assigned to courts of appeals with expertise in that specific area, resulting in rare circuit splits. For example, the Court of Appeals for the Federal Circuit is the exclusive federal court of appeals for patent cases, fostering technological growth and industrial innovation.
When resolving circuit splits, the Supreme Court considers the rulings of multiple circuit courts and issues a decision to clarify the correct interpretation of the law. In some cases, the Supreme Court may overrule the precedent set by one or more circuit courts. For instance, in a case regarding securities fraud, the Sixth Circuit Court of Appeal allowed a claim based on an objectively wrong opinion in a registration statement. Conversely, the Second, Third, and Ninth Circuits had previously required an allegation that the statement was subjectively false. The Supreme Court, led by Justice Kagan, held that a statement of opinion in a registration statement does not constitute an "untrue statement of fact," resolving the circuit split.
While the Supreme Court plays a crucial role in resolving circuit splits, some scholars propose that federal courts of appeals should address these conflicts independently. The "law of the circuit" doctrine currently prohibits a later panel of a court of appeals from revisiting an earlier panel's decision, even if it conflicts with another circuit. Relaxing this doctrine would allow courts of appeals to engage in dialogue and resolve circuit splits without relying solely on the Supreme Court, potentially improving the efficiency of the federal court system.
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Frequently asked questions
Someone brings a new case to a district court, which is the lowest level of the court in the national court system. If the loser in the district court decides to appeal the ruling, the case moves to the next level of court, the court of appeals. If the loser in the court of appeals is still unsatisfied with the decision, they can petition for a writ of certiorari, which means they want the Supreme Court to take their case.
The Supreme Court has original and appellate jurisdiction. Original jurisdiction means the Supreme Court is the first and only court to hear a case. Original jurisdiction cases are limited to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. Most of the cases the Supreme Court hears are appeals from lower courts. The Supreme Court has appellate jurisdiction over cases involving constitutional and/or federal law, such as cases where the United States is a party, cases involving treaties, and admiralty cases.
The Supreme Court receives about 10,000 petitions a year but only hears about 65-70 cases. The justices use the Rule of Four to decide if they will take a case. If four of the nine justices determine that a case has merit, they will issue a writ of certiorari and review the case. The Supreme Court usually only hears cases that could have national significance, might harmonize conflicting decisions in federal Circuit courts, and/or could have precedential value.
The winner and loser from the court of appeals file briefs before the Supreme Court, presenting the constitutional arguments on their side of the case. Others affected by the case can also write "Friend of the Court" briefs, explaining why the Court should choose one side.
The Supreme Court plays an essential role in ensuring that each branch of the government recognizes the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm minorities. The Supreme Court's decisions have a profound impact on society, including in several landmark cases involving students.
