Omar Bennett
The United States Supreme Court is the highest court in the country, and it has the power to decide whether to hear a case or not. The Court usually hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state. The Supreme Court has original and appellate jurisdiction, meaning it can be the first and only court to hear a case, or it can review the decisions of lower courts. The Court's jurisdiction is established by Article III, Section II of the Constitution, which outlines its authority to hear cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. The Supreme Court also has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. While the Court typically hears cases related to constitutional issues, it is not limited solely to those matters and has discretion in choosing which cases to take on.
| Characteristics | Values |
|---|---|
| Number of Justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Appointment | Appointed by the President and confirmed by the Senate |
| Term | Justices typically hold office for life |
| Jurisdiction | Original and appellate jurisdiction |
| Cases heard | 100-150 cases out of 7,000+ petitions per year |
| Hearing criteria | Cases with national significance, conflicting decisions in federal Circuit courts, or precedential value |
| Voting criteria | Four of the nine Justices must vote to accept a case |
| Oral arguments | Heard from October to April, two cases per day, each allotted one hour |
| Conferences | Held twice a week during Court sessions |
Explore related products
What You'll Learn
Supreme Court justices
The Supreme Court of the United States is the country's highest court, with one Chief Justice and eight Associate Justices. The Justices are appointed by the President and confirmed by the Senate, and they typically hold office for life. The Court's term begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court is usually in recess from late June or early July until October.
The Supreme Court has original and exclusive jurisdiction over cases between two or more states, or disputes among ambassadors and other high-ranking ministers. It also has appellate jurisdiction, meaning it can review decisions made by lower courts. The Supreme Court hears around 100-150 cases out of more than 7,000 petitions each year. These cases are usually appeals from lower courts or the highest court in a given state, especially if a Constitutional issue is involved. The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution.
The Justices hold conferences twice a week to discuss the cases heard that week. They often consult their law clerks to get different perspectives on the cases before the conferences. The Justices then vote on the cases, with four out of nine needing to vote to accept a case.
The Supreme Court's power and prestige grew significantly during the Marshall Court era (1801-1835). Several important constitutional rulings were made during this time, shaping the balance of power between the federal government and the states.
Bid Acceptance: When Does It Become a Binding Contract?
You may want to see also
Original and appellate jurisdiction
The US Supreme Court has original and appellate jurisdiction. The Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. 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 Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
The Supreme Court has appellate jurisdiction (the authority to review the decisions of lower courts) on almost any other case that involves a point of constitutional and/or federal law. Most of the cases the Supreme Court hears are appeals from lower courts. Parties who are not satisfied with the decision of a lower court must petition the US Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of a case for review. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. The Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.
The Supreme Court also has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not found within the text of the Constitution itself, but the Court established this doctrine in the case of Marbury v. Madison (1803). The Court's power and prestige grew substantially during the Marshall Court (1801-1835). Under Marshall, the Court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution.
The Supreme Court makes the determination of what counts as an "adequate and independent state ground" for a state court decision. To be "adequate", the state basis must have "fair support" or, put another way, not be "plainly untenable". The basis also must be broad enough on its own to sustain the judgment. An "independent" state basis is not dependent on, or "interwoven with", federal law.
The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case. Five of the nine Justices must vote in order to grant a stay, for example, a stay of execution in a death penalty case.
Can the US Constitution Recall Elected Officials?
You may want to see also
Certiorari
The US Supreme Court does not only hear constitutional issues. It has original jurisdiction over certain cases, for example, suits between two or more states, and cases involving ambassadors. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
In the US, a writ of certiorari is issued by the Supreme Court to review a lower court's judgment. A party seeking to appeal to the Supreme Court from a lower court must file a writ of certiorari. The Supreme Court will then decide whether to grant or deny the writ and review the case. This is referred to as "granting certiorari" or "denying certiorari", respectively. The Supreme Court typically accepts 100 to 150 cases out of the more than 7,000 cases that file a petition each year.
The process of certiorari is not limited to the US Supreme Court. In Canada, for example, the Supreme Court restricted the use of certiorari in criminal matters to correct jurisdictional errors. In India, the Constitution vests the power to issue certiorari in the Supreme Court to enforce fundamental rights guaranteed by the Constitution.
Who Confirms Presidential Cabinet Appointments?
You may want to see also
Explore related products
Supreme Court procedures
The US Supreme Court has original and exclusive jurisdiction over cases between two or more states but may decline to hear such cases. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. This is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.
The Supreme Court also has appellate jurisdiction, meaning it can review decisions made by lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts. The Supreme Court accepts 100-150 of the more than 7,000 cases it is asked to review each year. The Court usually only hears cases that could have national significance, might harmonize conflicting decisions in federal Circuit courts, or could have precedential value.
Parties who are not satisfied with the decision of a lower court must petition the Supreme Court to hear their case. This is done by asking the Court to grant a writ of certiorari, which is a request for the Supreme Court to order a lower court to send up the record of the case for review. According to the Certiorari Act of 1925, the Court has the discretion to decide whether or not to grant this request.
The Supreme Court's term begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court hears oral arguments in cases from October through April, with arguments heard during the first two weeks of each month from October through December, and during the last two weeks of each month from January through April. Oral arguments are open to the public, with two cases heard each day, each allotted an hour for arguments.
When the Court is in session, there are two conferences scheduled per week: one on Wednesday afternoon and one on Friday afternoon. At these conferences, the Justices discuss the cases heard earlier that week. Before these conferences, the Justices frequently discuss the relevant cases with their law clerks to get different perspectives.
Term Limits for Senators: What the Constitution Says
You may want to see also
Supreme Court's review of state court decisions
The US Supreme Court has original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. This jurisdiction is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.
The Supreme Court has the authority to review the decisions of lower courts and state courts. Most of the cases heard by the Supreme Court are appeals from lower courts or state courts of last resort. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year. The Court usually hears cases that have been decided in either an appropriate US Court of Appeals or the highest Court in a given state. The Supreme Court has its own set of rules, and according to these rules, four of the nine Justices must vote to accept a case.
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to review a case. In a petition for a writ of certiorari, a party asks the Court to review its case. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request for the Supreme Court to order a lower court to send up the record of the case for review.
The Constitution provides a foundation for the Supreme Court's jurisdiction over appeals directly from state courts, allowing for the review of state decisions involving issues related to federal statutes, treaties, and the Constitution. The Supreme Court has the power to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in Marbury v. Madison (1803).
The Supreme Court determines what counts as an "adequate and independent state ground" for a state court decision. To be "adequate," the state basis must have "fair support" and be broad enough to sustain the judgment. An "independent" state basis is not dependent on federal law. For example, a state court citing state cases as support for its ruling does not qualify as independent if those state cases are themselves applications of federal law.
In Michigan v. Long, the Supreme Court introduced an approach to resolving the ambiguity of whether a state decision is based on an adequate and independent state ground. When a state ruling “fairly appears to rest primarily on federal law, or to be interwoven with the federal law,” the Court will assume there is no adequate and independent state ground, unless the state court indicates otherwise.
The Constitution's Army: Power and Limitations
You may want to see also
Frequently asked questions
The US Supreme Court hears cases that have been decided in either an appropriate US Court of Appeals or the highest Court in a given state. The Supreme Court has 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. Most of the cases heard by the Supreme Court are appeals from lower courts.
The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.
The US Supreme Court is not obligated to hear cases and usually only does so if the case could have national significance, might harmonize conflicting decisions in federal Circuit courts, and/or could have precedential value. Four of the nine Justices must vote to accept a case.
Parties who are not satisfied with the decision of a lower court must petition the US Supreme Court to hear their case. This is done by asking the Court to grant a writ of certiorari, which is a request for the Supreme Court to order a lower court to send up the record of the case for review.
While state courts have had the final say on questions of state law since the country's founding, they share responsibility with federal courts for interpreting and applying federal law. The US Supreme Court has jurisdiction over appeals directly from state courts, allowing for review of state decisions involving issues related to federal statutes, treaties, or the Constitution.
