Eleanor Finch
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. The Supreme Court plays a crucial role in safeguarding American democracy and ensuring equal justice under the law. It acts as the protector and interpreter of the Constitution, with the power of judicial review to declare a Legislative or Executive act in violation of the Constitution. The Court has original jurisdiction over a narrow range of cases, such as disputes between states or disputes arising among ambassadors, and appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
| Characteristics | Values |
|---|---|
| Highest court in the land | Acts as the protector and interpreter of the Constitution |
| Court of last resort | Has 9 Justices |
| Power of judicial review | Justices hold office for life |
| Protects civil rights and liberties | Receives about 7,000 petitions for writs of certiorari each year |
| Sets appropriate limits on democratic government | Hears oral arguments from October through April |
| Safeguards American democracy |
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What You'll Learn
The Supreme Court's role as the protector and interpreter of the Constitution
The Supreme Court is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. The Supreme Court plays a crucial role in safeguarding American democracy and ensuring equal justice for the American people. As the protector and interpreter of the Constitution, the Supreme Court has several key responsibilities.
Firstly, the Supreme Court is the final arbiter of the law, with the power to strike down laws that violate the Constitution. This power of judicial review allows the Court to declare a Legislative or Executive act unconstitutional, ensuring that each branch of government recognizes its limits. The Court's interpretation of the Constitution shapes the balance of power between the federal government and the states.
Secondly, the Supreme Court has original jurisdiction over a narrow range of cases, including those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. In these cases, the Supreme Court is the first and only court to hear the case.
Thirdly, the Supreme Court has the authority to review the decisions of lower courts through its appellate jurisdiction. The Court receives thousands of petitions for writs of certiorari each year but only grants a small fraction of them, typically cases of national significance or those with precedential value. Four of the nine Justices must vote to accept a case for review.
The Supreme Court's term typically begins in October and goes through to the following year, with oral arguments heard from October to April. The Court's rulings have a significant impact on the interpretation and protection of the Constitution, shaping American law and ensuring the preservation of civil rights and liberties.
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The Court's jurisdiction
The jurisdiction of the Supreme Court is established by Article III, Section II of the US Constitution. The Court has original jurisdiction, meaning it is the first and only court to try certain cases, such as suits between two or more states, cases involving ambassadors and other public ministers, and those in which a state is a party.
The Supreme Court also has appellate jurisdiction, allowing it to hear appeals on almost any case involving a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas or navigable waterways. The Court has the discretion to decide whether to hear these cases, and it usually only does so if the case could have national significance or might harmonize conflicting decisions in lower courts.
The Supreme Court's term typically 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 from October to April, with two cases heard each day, and each case is allotted an hour for arguments.
The process of petitioning the Supreme Court for a review involves requesting a writ of certiorari, which is a directive for a lower court to send up the record of a case for review. The Court is not obligated to hear these cases and decides based on the potential national significance or precedential value of the case. If the Court accepts a case, the petitioner and respondent file briefs outlining their legal arguments, and interested parties may also file briefs with the Court's permission.
The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution. This power enables the Court to strike down laws and protect civil rights and liberties, ensuring that no branch of government exceeds its constitutional limits.
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Judicial review
The Supreme Court is the highest court in the federal judiciary of the United States. It has original and appellate jurisdiction over 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 Court has appellate jurisdiction over all U.S. federal court cases and over state court cases that turn on questions of U.S. constitutional or federal law.
The Supreme Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is its best-known power. This power is not explicitly mentioned in the Constitution but was established by the Court in Marbury v. Madison (1803). The Court held that an Act of Congress contrary to the Constitution could not stand, as the Constitution establishes the Constitution as the supreme law of the land.
The Supreme Court's power of judicial review 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. For example, the Court has ruled that most provisions of the Bill of Rights are applicable to the states, not just the federal government.
The Supreme Court also sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of minorities. This power of judicial review has been used to shape and give substance to the balance of power between the federal government and the states, as seen in cases such as Martin v. Hunter's Lessee, McCulloch v. Maryland, and Gibbons v. Ogden.
The process of petitioning the Supreme Court for a review involves asking the Court to grant a writ of certiorari, which is a request for the Court to order a lower court to send up the record of the case for review. The Court is not obligated to hear these cases and usually only does so if the case could have national significance or might harmonize conflicting decisions in federal Circuit courts. Four of the nine Justices must vote to accept a case. If the Court decides to accept a case, the petitioner and respondent file briefs putting forth their legal cases, after which oral arguments are heard.
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Appointment of Justices
The Supreme Court is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. The Supreme Court also has 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 appointment of Justices to the Supreme Court is a process that involves both the executive and legislative branches of the U.S. government. The President nominates individuals to serve as Justices, but these nominees must be confirmed by the Senate before they can take office. This process is outlined in Article III, Section 1 of the U.S. Constitution, which establishes the Supreme Court.
The number of Justices on the Supreme Court has varied over time, ranging from as few as five to as many as ten. Since 1869, the size of the Court has been fixed at nine, including one Chief Justice and eight Associate Justices.
Justices typically serve for life, holding office "during good behavior." This means that they can only be removed from office if they are impeached and convicted of a crime, or if they voluntarily retire or resign. As a result, vacancies on the Supreme Court do not occur regularly, and the appointment of a new Justice is a significant event.
The appointment process for Justices has become increasingly politicized in recent years. Nominees are carefully vetted by the Senate, and their judicial philosophies and ideological leanings are often scrutinized. The confirmation process can be highly contentious, with intense debate and controversy surrounding certain nominees.
The Supreme Court plays a crucial role in interpreting and safeguarding the U.S. Constitution. By appointing Justices, the President and Senate exert a significant influence over the Court's composition and, by extension, the direction of constitutional law in the United States.
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Supreme Court procedures
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It 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.
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 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 Court is not obligated to hear these cases and usually only does so if the case could have national significance or might harmonize conflicting decisions in federal Circuit courts.
If the Justices decide to accept a case (grant a petition for certiorari), the case is placed on the docket. The petitioner has a certain amount of time to write a brief, not exceeding 50 pages, putting forth their legal case concerning the issue on which the Court granted review. After the petitioner's brief has been filed, the respondent is given time to file their brief, also not exceeding 50 pages. After the initial petitions have been filed, the petitioner and respondent are permitted to file briefs of a shorter length that respond to the other party's respective position.
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. Oral arguments are open to the public. Typically, two cases are heard each day, beginning at 10 a.m. Each case is allotted an hour for arguments, during which time lawyers for each party have half an hour to make their legal case to the Justices.
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Frequently asked questions
The Supreme Court is the highest court in the federal judiciary of the United States. It has original and appellate jurisdiction over federal court cases and state court cases that involve questions of federal law. The Supreme Court interprets and protects the Constitution, ensuring that each branch of government recognizes the limits of its power.
The Supreme Court has original jurisdiction over cases involving suits between two or more states, cases involving ambassadors and other public ministers, and those in which a state is a party. The Court has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. The Court can strike down laws that violate the Constitution and set limits on democratic government.
There are currently nine Justices on the Supreme Court, including one Chief Justice and eight Associate Justices. Before taking office, each Justice is appointed by the President and confirmed by the Senate. Justices typically hold office for life.
