Supreme Court
What is the Supreme Court and what is its role in the United States?
The Supreme Court is the highest federal court in the United States. It consists of nine justices who are appointed for life. The Court's role is to interpret the U.S. Constitution and laws, and its decisions serve as a final arbiter in conflicts involving state and federal laws or issues of constitutional rights.
How are Supreme Court Justices appointed and confirmed?
Supreme Court Justices are nominated by the President and must be confirmed by the Senate. This process involves hearings before the Senate Judiciary Committee and a vote by the full Senate.
What is Judicial Review in the Supreme Court?
Judicial Review is the ability of the Supreme Court to examine actions of the legislative, executive, and state governments and determine whether they're constitutional. This principle was established in the case of Marbury vs. Madison in 1803.
Can you give an example of a Supreme Court case that used Judicial Review?
One major example of judicial review is the case of Brown v. Board of Education in 1954, where the court declared state laws establishing separate public schools for black and white students to be unconstitutional.
How does a case reach the Supreme Court?
Most cases reach the Supreme Court on appeal from lower federal or state courts. Parties who are not satisfied with the decision of a lower court can petition the Supreme Court to review the case. The Court grants a 'Writ of Certiorari' if they decide the case is worth review.
What is a 'Writ of Certiorari'?
A 'Writ of Certiorari' is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities.
How many Justices are there in the Supreme Court, and how are they structured?
The Supreme Court is made up of nine Justices: one Chief Justice and eight Associate Justices. The Chief Justice leads the court while the Associate Justices support and assist in the decision-making process on cases.
Has the number of justices in the Supreme Court always been nine?
No, the number of justices in the Supreme Court has not always been nine. The Constitution does not stipulate a specific number, but the Judiciary Act of 1869, which is still in effect today, set the number at nine.
What is the term of office for a Supreme Court Justice?
Justices hold office 'during good Behaviour,' essentially a life tenure, per the Constitution. They can step down or be impeached and found guilty of abuse of power or other serious offenses, but this is rare.
Can a Supreme Court Justice be removed from office?
Yes, a Supreme Court justice can be removed from office if they are impeached by the House of Representatives and convicted by the Senate for Treason, Bribery, or other high Crimes and Misdemeanours.
How does the Supreme Court decide which cases to hear?
The Court receives thousands of petitions each year, but typically hears around 80 cases. The Justices meet in a private conference to decide which cases they will accept. Acceptance usually requires at least four of the nine Justices to agree, known as the "rule of four".
What is the process once the Supreme Court decides to hear a case?
Once a case has been granted certiorari, both parties submit briefs and oral arguments are scheduled. During the oral argument, the Justices ask questions. After the arguments, the Justices meet privately to discuss and vote on the case.
What is the opinion of the court?
The 'Opinion of the Court' is a detailed explanation of the legal thinking behind the majority's decision for a case. It sets a precedent that all lower courts are obliged to follow.
What types of opinions can Supreme Court Justices write?
There are several types of opinions, including the majority opinion, concurring opinion (which agrees with the decision but for different reasons), and dissenting opinion (which disagrees with the decision).
What is the impact of Supreme Court decisions?
The decisions of the Supreme Court have a significant impact across the country as they set legal precedents that all other courts are required to follow, and they can also influence policies and shape societal norms and behaviors.
Can a Supreme Court decision be overturned?
Yes, a Supreme Court decision can be overturned either by a subsequent Supreme Court decision or by a constitutional amendment.
What is the difference between Constitutional and Statutory interpretation?
Constitutional interpretation involves interpreting the U.S. Constitution's text and applying it to current issues, while Statutory interpretation involves interpreting the meaning of a statute passed by Congress and applying it to legal disputes.
How does the Supreme Court use these interpretations in its rulings?
The Supreme Court uses constitutional and statutory interpretation extensively in its rulings. It interprets the words of the Constitution or a particular law and examines their historical context, the framers' intent, and contemporary societal values in order to make the best possible judgment.
What is the difference between Strict Constructionism and Judicial Activism?
Strict Constructionism refers to a legal philosophy that interprets the Constitution's text as fixed, unless amendment process is followed. Judicial Activism refers to the philosophy that the Court should play a role in shaping social policy by interpreting the constitution on contemporary societal values.
Can you give examples of Supreme Court cases relating to each philosophy?
An example of strict constructionism is the landmark case of D.C. v. Heller, which upheld citizens' right to keep firearms based on the clear wording of the Second Amendment. An example of judicial activism is the Roe v. Wade case, which viewed the Constitution as a living document adaptable to modern values and recognized a right to privacy for women seeking abortions.