Transcript The United States Supreme Court

Unit 6, Section 1
The United States
Supreme Court
Article III, Section 1 of the Constitution
“The judicial power of the United
States, shall be vested in one
supreme Court, and in such
inferior Courts as the
Congress may from time to
time ordain and establish.”
The Structure of the Supreme Court

Highest level of the
federal court system

Consists of 9
justices (one chief
justice and 8
associate justices)

President has the
power to nominate,
Senate has the power
to confirm
The Power of the Supreme Court

Judicial review:

The power to
determine the
constitutionality of a
law or presidential
action

Originated from the
ruling in Marbury v.
Madison (1803)
Jurisdiction of the Supreme Court
Original jurisdiction- right to hear a case first
1.

This includes:
a)
Cases involving foreign diplomats
Cases between the US and a state
Cases between two or more states
b)
c)
2.
*Appellate jurisdiction- the power to review the
decisions of lower courts
Appealing a Case to the Supreme Court
How the Court Operates

The Court sits from 1st Monday in October
until June/July
Case accepted
Decision
announced
Briefs submitted
by both sides
Oral arguments
Opinions drafted
Conference;
Cases discussed;
Votes taken;
Opinion writing assigned
Opinions- statements of legal reasoning
behind a judicial decision
1.
Majority opinion- formally called “the Opinion of
the Court,” it announces the Court’s decision in
a case and the reasoning on which it is based

2.
3.
Majority opinions serve as precedents
Concurring opinion- authored by justices to add
or emphasize a point not made in the majority
opinion
Dissenting opinion- written by justices who do
not agree with the majority opinion
FYI

Once appointed, justices serve for life
assuming “good behavior”

Pay: Chief Justice = $217,400
Associate Justice = $208,100

Excellent retirement benefits
Spotlight on Antonin Scalia
Supporter of originalism:
interpreting the Constitution based on
what it originally meant to the people
who ratified it over 200 years ago