4.1 The nature and role of the Supreme Court

Question 1

Central role of the Supreme Court

Answer 1

To uphold the Constitution - as outlined in Article III

- As a constitutional court it determines the acceptability of actions within the rules of the Constitution

Question 2

Article III states…

Answer 2

‘The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may form time to time ordain and establish’

Question 3

How the courts relate to each other

Answer 3

US Supreme Court  - State Supreme Court - State Appeals Court
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US Court of Appeal (13 circuit courts)
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US District Courts (94 district courts)

Question 4

What is established by the Constitution about the Supreme Court?

Answer 4

• Establishes a Supreme Court (Article III, sec 1)
• Extent of judicial power ‘to all Cases in Law and Equity arising under the Constitution’ (Article III, sec 2)
• Life tenure for judges
• Original jurisdiction - case is tried at Supreme Court and doesn’t have to be heard first in a lower court
• Appellate jurisdiction - most cases go to another court being presented to the Supreme Court on appeal
• The appointment process - nominated by president and ratified by Senate

Question 5

What is implied by the Constitution about the Supreme Court?

Answer 5

• Power of judicial review - allows it to overturn any other institution because the Court declares its actions unconstitutional
• E.g. - Marbury v Madison 1803 - first overturned an Act of Congress
• Further defined in Fletcher v Peck 1810 - the Court overturned state law for the 1st time (some argue this power’s present in the Constitution - the Court is charged w/ upholding matters arising under the Constitution)
• Others argue judicial review isn’t a legitimate power

Question 6

Established by Acts of Congress under constitutional authority (powers congress has over Supreme Court)

Answer 6

Congress has power to:

• establish ‘inferior courts’ - Congress determined a series of federal courts w/ constitutional power - 13 circuit courts below the SCOTUS
• determine the number of justices on the Court - has long been at nine - originating from post-Civil War legislation

Question 7

In whats ways is the Supreme Court independent?

Answer 7

Separation of powers

Appointment process

Life tenure

Salary

Question 8

Independence: separation of powers

Answer 8

• Means that no one in the executive or legislature works closely with judges, so there is little chance of close connections or pressure

Question 9

Independence: appointment process

Answer 9

• President cannot determine the appointment of justices alone, but instead nominates, then the Senate accepts or rejects, having the power to ratify
• Could prevent the president appointing someone who will not act independently - because they have close connections to the president

Question 10

Independence: life tenure

Answer 10

• Justices appointed for life - preventing a threat of removal
• President or Congress cannot remove a justice (though is a justice has acted illegally, Congress can remove them through a supermajority)
• Gives the justices the freedom to act regardless of the wishes of the president of the day

Question 11

Independence: salary

Answer 11

• The judicial compensation of article III protects the pay of judges, stating that their pay ‘shall not be diminished during their continuance in office’

Question 12

How are cases initiated in the SCOTUS?

Answer 12

• Court cannot initiate a case - they are presented by an individual or institution who feels that the Constitution has been broken

Question 13

Annually, how many cases do the Supreme Court receive?

How many do they opt to hear, annually?

Answer 13

• Between 1,000 and 8,000 cases per year

Has no duty to hear a case and currently opts to hear more than 100 cases per year
2015-16 term - Court dealt w/ 80 cases - has some discretion in determining its own constitutional priorities

Question 14

How does the SCOTUS operate similarly to a criminal court?

Answer 14

• There is a plaintiff and a defendant
• Lawyers make arguments on either side, being given just 30 mins to present their oral arguments
• All 9 justices usually hear a cases - they can ask questions or make points during these hearings

Question 15

What happens once a case is hear by the justices?

Answer 15

• Discuss the case in private in order to reach a majority opinion of 5 or more
• A justice in the majority is tasked w/ writing the opinion - with input from other justices
• Opinion of the Court is a written document detailing how the Constitution has or hasn’t been broken - e.g. - ACA ruling (NFIB v Sebelius), runs to 193 pages

Question 16

Why is the majority opinion important?

Answer 16

• Helps to set a precedence for future cases - particularly for political institutions, organisations and individuals
• SCOTUS could choose to have a narrow and limited impact - or a broad-ranging one - when writing their opinion in split decisions, a minority opinion is also written

Question 17

What power does the SCOTUS have in a hearing case?

Answer 17

• To declare that the actions or laws of other institutions are unconstitutional - allows the Court to overturn those actions or laws using the power of judicial review