The Supreme Court

“The way I see it, the Constitutions cuts both ways. TheFirst Amendment gives you the right to say what you want,but the Second Amendment gives me the right to shootyou for it.”Source: www.cartoonbook.com

Supreme Court

• Top of the Judicial Branch in the Federal Government.

• Final say in all matters dealing with the United States Constitution.

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Background

• Establishment – Article III– Main Function - Interpret Laws– Highest Court

• Jurisdiction – Original – Appellate

Development of the Court’s Role in Government

• Marbury v. Madison – Judicial Review

• McCulloch v. Maryland– National Supremacy

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A portrait of William MarburySupreme Court Historical Society

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Development of Supreme Court• 18th Century

– Seen as somewhat weak third branch of government

• 19th Century– Marshall Court (1805-1835) established supremacy

of courts to determine law over legislation– Began to limit authority of state courts (supremacy

clause, commerce clause)– 1830s-1930s began to limit national power over

slavery, civil rights and the economy

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Development of Supreme Court(cont)

• Civil War to 1930s– Limited scope of civil rights

– Separate but equal doctrine

– Court supports industrialization and business

– Promotes laissez faire economy

– Leaves regulation to states

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The Supreme Court set national standards for child labor.Utah State Historical Society

Development of Supreme Court(cont)

• 1930s– Court tries to block much of the New deal

legislation– FDR Court packing plan applies pressure

• Court begins allowing greater federal and state regulation

• Also begins strengthening national power over civil rights legislation

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Modern Supreme Court• Post New Deal Courts have

been active in overturning state and federal laws and practices in areas outside economics, including:– Civil rights– Abortion– Prayer– Rights of criminal defendants– Death penalty– Libel and free speech

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Supreme Court Justice Elena Kagan

The Warren Court (1953–1969)

• Outlawed official racial segregation in public schools

• Set strict national standards to protect rights of criminal defendants

• Required equal apportionment of state legislatures and the House of Representatives

• Ruled prayers and Bible reading in public schools were unconstitutional

• Created right to privacy

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The Burger Court (1969–1986)

• Narrowed reach of the Fourth Amendment’s protections against unreasonable search and seizure

• Restored death penalty• Most decisions shifted toward the conservative,

yet, many decisions still protected individual liberties and minority groups– Roe v. Wade

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The Rehnquist Court (1986–2005)

• By 1988, the Court shifted in conservative direction

• Often favored state’s rights• The Court also made it more difficult for workers

to sue employers for discrimination• Ended 2000 presidential election dispute• Decisions were often hard to categorize, and the

conservative did not always prevail

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Organization

• Membership – Originally 5 justices – John Jay’s 1st Chief – Today 9 Justices – No Qualifications – Life term / good behavior – Appointed by Pres./ Approved by Senate

Salary

• Chief Justice = $198,600

• Associate Justices $190,100

• Set by Congress

• Getting Started – Writ of Certiorari

• “to be made more certain”• Order for lower records

• Docket – Schedule of cases – Term= October - June

• “Sitting”– Hear oral arguments– Monday-Wednesday

Opinion

• Vote same week as oral argument

• Decisions handed down

• Written decision = “Opinion”– Unanimous – Majority– Concurring – Dissenting

• Cannot be appealed

Today’s Court……

John Roberts• Chief Justice • Appointed by George

W. Bush.• Took his seat on High

Court on 9/25/05.• Graduate of Harvard

and Harvard Law• Born 1/27/55• Right leaning….

John Paul Stevens• Associate Justice.• Appointed by Gerald

Ford.• Took his seat on the

High Court on 12/19/75.• Graduate of U of

Chicago and Northwestern Law.

• Born 4/20/20• Right leaning….

Antonin Scalia• Associate Justice• Appointed by Ronald

Reagan.• Took his seat on the High

Court on 9/26/86.• Graduate of Georgetown

and Harvard Law.• Born 3/11/36.• RIGHT leaning….

Anthony Kennedy• Associate Justice• Appointed by Ronald

Reagan.• Took his seat on the High

Court on 2/18/88.• Graduated from Stanford

and Harvard Law.• Born 7/23/36.• Moderate….

David Souter• Associate Justice• Appointed by

George HW Bush.• Took his seat on the

High Court on 10/9/90.

• Graduate of Harvard and Harvard Law

• Born 9/17/39.• Left leaning….

Clarence Thomas• Associate Justice• Appointed by

George HW Bush.• Took his seat on the

High Court on 10/23/91.

• Graduate of Holy Cross and Yale Law

• Born 6/23/48.• RIGHT leaning….

Ruth Bader Ginsburg• Associate Justice• Appointed by

William Clinton.• Took her seat on the

High Court on 8/10/93.

• Graduate of Cornell and Columbia Law.

• Born 3/15/33.• LEFT leaning….

Stephen Breyer• Associate Justice.• Appointed by William

Clinton.• Took his seat on the

High Court on 8/3/94• Graduate of Stanford

and Harvard Law.• Born 8/15/38.• LEFT leaning….

Samuel Alito

• Associate Justice.• Appointed By George

W. Bush.• Took his seat on the

High Court on 1/31/06.• Graduate of Princeton

and Yale Law.• Born 4/1/50.• Right leaning….