The United States Supreme Court

Overview the history of the Supreme Court (p.234-236 in the text), paying attention to these things
- the differing visions for the Court among the Framers
- the significance of the Marshall Court
- the historically-viewed mistakes of the Court
- the significance of the Warren Court

The process of appointing a Supreme Court nominee is the same as what we have examined before regarding judicial appointments. However, the harshness of the critique of the nominee is much greater.

- legal expertise

- party affiliation

- judicial philosophy

- acceptability to Senate

All of these are unofficial requirements to be a justice of the Supreme Court. There are no formal qualifications. But because of the scrutiny of being appointed to the highest court in the land, the Senate is usually much more deliberate about confirming a nominee.

Confirmation hearing of Justice Elena Kagan

Procedure of the Supreme Court

- October - June/July

- prepare for block of cases, hear block of cases, decide and write opinions on block of cases (rinse, lather, repeat)

- law clerks do tremendous amounts of work for justices

- Court decides which cases it will hear during term (original and appellate)

- Justices must decide which appeals they want to take up (minimum 4 justices)

- Court grants certiorari to cases it will hear

- Justices prepare by reading case briefs, studying law, researching and reviewing precedent

- Court may consult amicus briefs in preparation for oral arguments

- Oral arguments before the Court (30 minutes per side); Justices pepper with questions

- Justices meet behind closed doors to review/discuss case

- Chief Justice assigns duty of writing majority and (if necessary) dissenting opinions

- Many justices often offer concurring opinions

- Court opinions are detailed legal explanations of reasoning for the decision that was reached

- Opinions of case become part of Court precedent

Federal Court Jursidiction

Before we begin, let us consider for what purpose courts exist. They are a way for people to resolve conflict without having to resort to violent measures.
Where does this conflict come from? It comes from the fact that someone feels that an offense has been committed.
That offense is, in a certain legal context, referred to as a tort. (Hence, if you hear the phrase 'tort reform', they are talking about legal reforms)
Once we have established that there has been an offense, the next question is then "Who has been offended?" Is it
     - an individual  (civil matter)
     - society as a whole   (criminal matter)
If it is a criminal matter (society has been offended), then what segment of society has been offended?
     - the municipality
     - the state
     - the nation
The prosecution of the offender in these matters often then comes down to which level of society that has been offended is willing to devote its limited resources (time, money) to hold the offender accountable.
The court system for that society that has been offended and seeks to hold the offender accountable is then considered to have jurisdiction in that matter.
jurisdiction - the authority to hear and decide a case

Okay...what does all of that have to do with the judicial branch of the federal government?

What is the offense is related to a Constitutional matter? Then we must look at the Constitution to see what is says regarding this issue based on the facts present.
Who gets to interpret the Constitution?  What's that called? Where did it come from?
What if the offender or the offended party is the United States of America?

In these matters, and a few others (see chart on p.221), the United States Federal Court system has exclusive jurisdiction. They are the only ones with the authority to hear and decide these cases.

So, if you feel that your Constitutional rights have been violated, you would take that grievance to the federal court system. The first court to hear you case in that process would be considered to have original jurisdiction.

Article III Section 1
- established a Supreme Court and "such inferior courts as the Congress may from time to time ordain and establish"

Judiciary Act of 1789
- established a three-tiered court structure (district, appeals, Supreme)

notes on the Federal Court structure
- 94 Federal District Courts spread throughout the United States
- 12 Federal Courts of Appeal (appellate courts, circuit courts)
- Supreme Court (court of last resort)
           - appellate jurisdiction
           - original jurisdiction in certain cases
           - does not hear all cases appealed; justices choose
           - hear roughly 100 cases of 8,000 petitions per year
- Article I courts (various other courts created by Congress for specific matters; see graphic on p.222)