4.1 The nature and role of the Supreme Court Flashcards
the supreme court and the US constitution
Federal Judiciary Act 1789
- allowed for the creation of the Supreme Court consisting of one chief justice and five associate justices.
- fulfilled article III
- created lower courts (district in each state + circuit courts)
The Supreme Court and the US Constitution
how many district courts today?
94
The Supreme Court and the US Constitution
what do district courts and trial courts do?
- deal with federal trials involving federal law or crimes, or constitutional issues
The Supreme Court and the US Constitution
above them sit what?
- 13 circuit courts
- these predominantly hearing appeals to the rulings of the district courts
The Supreme Court and the US Constitution
appelate court definition
- a court of appeals
- accpeting cases for review from the courts beneath it
The Supreme Court and the US Constitution
original jurisdiction definition
- the right of the Supreme Court to be the first court to hear the case in certain circumstances, rather than a case neededing to be an appeal
The Supreme Court and the US Constitution
when does hte supreme court exervcise original jurisdiction?
- when public ministers, 2 or more states, citizens of different states or the USA
- this is rare though, the supreme court mostly behaves as an appelate court
The Supreme Court and the US Constitution
amount of Supreme Court cases recieved vs heard?
- 7000-8000 cases recieved
- 1% heard
In the past 10 years, the court has heard fewer cases than any time since the Civil War
Most cases will be ‘disposed of’
Independence of the Supreme Court
justices appointments length
- they are appointed for life
- President or congress cannot remove them if they make decisions they don’t like
Independence of the Supreme Court
when vacancies occur
- only if a current justice dies, retires, or is impeached
- there have been 9 since the Judiciary Act 1869. This prevents other branches packing the Court with their allies
Independence of the Supreme Court
$$$$$
- salaries cannot be lowered
- Associate justices are paid $274,000 a year
- chief justice paid $286,700 a year
- justices therefore don’t have to be concerned about repurcussions from the president or congress if they vote against them
Independence of the Supreme Court
approval process
- nominated by the president, approved by the senate.
- prevents one branch from dominating the court and filling it with similiar ideologies to theirs.
- lends legitimacy, but protects it from public opinion
Independence of the Supreme Court
powers
- separation of powers
- protects their independence
- judicial review allows the court to check other branches. They have no power to enforce these decisions, but rely on other branches to carry out its rulings
- This makes 3 branches of government independnet but co depdent
Independence of the Supreme Court
ABA
american bar association
- rates the suitability of each of the justices
- composed of industry experts who aren’t politically motivated
- ABA helps to ensure the court is composed of people who understand and carry out the letter of the law
judicial review
power of the court in the constitutio
‘extend[s] to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made’
judicial review
article III is…
incredibly vague
makes no mention of judicial review power
judicial review
cases that grant the court judicial review powers
- marbury v. madison 1803
- Fletcher v. Peck 1810
judicial review
what is the court responsible through judicial review? How are their decisions final? why is their power controversial?
- deciding whether an act/action is unconstitutional
- court is therefore responsible through interpreting the constitution
- their decisions are effectively final, as the only way to overturn a court decision would be to change the document itself.
- this power has caused much conflict in US politics, between the branches and regarding how much power the unelected justices should have.
judicial review
Marbury v. Madison 1803 summary
- President Adams was preparing to leave office and appointed several men to positions within courts
- President Jefferson took Office, and found commissions for some of these men who had not been delivered and told Secretary of State James Madison not to allow their delivery
- William Marbury, to whom one of the commissions had been promised, challenged Madison
- Court found in favour of Marbury
- ruled part of the Federal Judiciary Act 1789 conflicted with the Constitution and was unconstitutional
judicial review
fletcher v. peck 1810
- dispute over a law from 1795 passed in Georgia
- allowed for the sale of 35m acres of land
- most of it was sold to just 4 companies at a low price
- it became apparent many of the Georgia leigislators had been bribed to allow this
- the legislature repealed the law in 1796 and removed the land from those who bought it
- Fletcher purchased 13,000 acres of land from Peck in 1803
- Fletcher discoverd the land he bought had originally been part of the 1795 sale that had been repealed, and he brought charges against Peck
- Supreme Court decidied the repeal of the 1795 law was unconstitutional
- This extended the courts power of judicial review to state law as well as federal
