Introducing the Supreme Court

Next up... The Supreme Court of the United States!

As the highest federal court in the United States, the Supreme Court heads the judicial branch of the United States government. With this title comes the authoritative duty over all American laws, including constant evaluations of their constitutionality. Throughout its past 232 years of duty, 115 Justices have served on the Supreme Court. The current size of the Supreme Court of the United States is limited to 9 Justices who serve for life, after they are elected. The term of the Supreme Court is the first Monday in October until the Sunday before the first Monday in October of the next year. 

History

In 1789, Article III of the United States 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." - detailed the organization and key values of the newly created Supreme Court, which Congress officially established with the Judiciary Act of 1789. The Court first assembled on February 2, 1790 in New York City, but the first hearing wasn't until August 3, 1791 with the West v. Barnes case. President George Washington signed the Judiciary Act of 1789 to create a Supreme Court of 6 justices; this number has altered throughout the years, but was adjusted to its' current limit of 9 after the Civil War in 1869. In order to be elected to the Supreme Court, justices must be appointed by the President of the United States and confirmed by the Senate. The Chief Justice is the leader of the Supreme Court, who presides Presidential impeachment trials, organizes weekly agendas, and is considered the highest judiciary in the United States of America.

Importance

One of the most important duties of the Supreme Court is seen through the act of judicial review. Through this process, the Court can strike down Legislative (Congress) or Executive (President) acts or laws that could violate rights established in the United States Constitution. Basically, the Supreme Court is the 'protector of the Constitution' by having the final say in a debate over the validity of a law that could or could not violate the United States Constitution, and by establishing a stronger hold on checks and balances between all 3 branches of the United States government. According to judicial review, the fundamental rights and values of all American citizens should be safe in the justices' hands. 

Procedure

The Supreme Court holds both original jurisdiction, where the Court is the first and only court to hear a case, and appellate jurisdiction, where the Court reviews decisions found by lower courts; appellate jurisdiction is most common. In order to petition the Supreme Court for review, a writ of certiorari - a request for the lower courts to send a record of a case to the Court - must be granted. Of the 7,000, or so, appeals that the Supreme Court is asked to review each term, only about 100-150 of them are accepted. Typically, only cases that could have national significance, settle disputes between states/government branches, or analyze conflicting beliefs in the federal/circuit courts are accepted. In order to be reviewed, 4 out of 9 Justices must vote to accept the case.

If a case is accepted, both the petitioner and the respondent will write a 50 page maximum brief explaining their stance on the case. Next, oral arguments are debated in front of the Supreme Court where each side has 30 minutes to express their opinion - the petitioner speaks first, and the respondent is last. These are arranged for 2 weeks (either the beginning or end depending on the month) each month, and take place on Mondays, Tuesdays, and Wednesdays at 10 am with 2 cases per day. After the oral argument, the Justices attend a Justice Conference where each Justice has the opportunity to state their opinions and ask questions - starting with the Chief Justice and going in descending order by seniority. Interestingly enough, the Justices are not allowed to interrupt each other, which is very different than the common image of heated, political debates. The Chief Justice casts their vote first, then the same descending order is followed for voting. 

Results

After the results are found, the Chief Justice (or the most senior Justice of the majority) assigns someone to explain the opinion of the Court, - and any Justice can write a concurring opinion if necessary - while the most senior Justice of the dissent can assign someone to write a dissenting opinion. If the vote is tied, the original decision of the lower courts stand. However, once an opinion is reached, the Court must hand it down by the last day of the term. In order for the opinion to be publicly announced, the majority of the Justices must "sign onto" or agree with its contents. Throughout May and June, the Justices meet every Monday at 10 am to publicly release the final opinions.

Notable Supreme Court Justices

* Chief Justice John Jay - First Chief Justice

* Chief Justice John Marshall - Marbury v. Madison, and longest serving Chief Justice

* Chief Justice Earl Warren - Brown v. BOE, Miranda v. Arizona

* Justice Sandra Day O'Conner - First female Justice

* Justice Thurgood Marshall - First African-American Justice

Sources

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1

https://www.history.com/topics/us-government/supreme-court-facts