The Supreme Court At the apex of our federal court system stands the United States Supreme Court. It stands as the ultimate authority in constitutional interpretation and its decision can be changed only by a constitutional amendment. Two documents are responsible for its creation which is the Constitution, which explicitly creates the Supreme Court, and the Judiciary Act of September 24, 1789. The Supreme Court is the only court named in the constitution laying out the Courts basic jurisdiction, identifying the mode of selection and tenure for justices. Under Article III, Section 1 of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the …show more content…
13). The first Supreme Court in 1789 consisted of five justices. Congress added a sixth seat in 1790 and a seventh in 1807 to ease the strain on justices as the number of circuit courts increased. Congress added the eighth and ninth seats in 1837. Membership stayed at nine until 1863, when Congress added a tenth seat, only to abolish it when a justice died in 1865. In 1867, Congress reduced the seats to seven to limit the opportunity of President Jackson to appoint new members. Congress restored the number of seats to nine in 1869, and in 1891 abolished the Supreme Court justices’ circuit-riding burden. The number of justices has remained fixed at nine, for over 100 years, making tie votes unlikely unless circumstances prevent a justice from participating in deliberations. There is currently one Chief Justice and eight associate justices in the Supreme Court although Congress does have the authority to change the number of justices sitting on the Supreme Court (Van Dervort, 2000, p. 69). Qualifications to become a justice although not spelled out immediately became obvious. From the beginning, justices have all been lawyers and most have pursued legal and political careers prior to serving the Court. The attainment of a high position in government or the legal profession is also beneficial as they lend credibility for the consideration. Some justices however chose a different path that began with private practice followed by at some point by elevation to
Before the Marshall Court, the United States Supreme Court functioned much like the courts in England in which more than one judge offered his decision on the case at hand. Shortly after becoming Chief Justice, Marshall changed this English tradition so that only one opinion was delivered by one of the justices, most often the Chief Justice (Rehnquist 40). By changing this tradition John Marshall set the U.S. Supreme Court apart from the English Courts at the time and began to define our unique judicial system.
The supreme court is the highest, most important court in the United States and the titles of the men and women who serve on the high court are associate justices. There are over nine judges who are on the supreme court, eight are associate justices and one is the chief justice. They are all appointed by the presidet but they are approved by the senate. The term of office for the nine judges who serve for the high court is for life. There are over 91 district courts, which are the lowest courts, and 12 appellate courts. Three courts that are part of the federal judicial system are the Court of Military Appeals, United States Claims Court, and United States Tax Court. The nine type of cases the Supreme court and federal courts have jurisdiction over are the constitution, federal laws, treaties, law governing ships, the United States government itself, ambassadors or public ministers, two or more state governents, citizens od different states and a state or its citizens versus a foreign country or foreign citizen. The process of checking the laws of our land is called the judicial review. When the supreme court declares a law unconstitutional, it means that the law goes against the constitution of the United States. In order for a person to be convicted of treason two witnessess must testify, telling the exact same story and/or the accused must confess in a
Although the Supreme Court is independent the players (nine justices) are appointed not only because of their experience and knowledge, but because of their political affiliations. However, this can only partly influence the strength and independents of the Court.
The current Supreme Court is the most powerful branch of government, and one that may shape the course of democracy for generations to come. The current Supreme Court is made up of nine justices. The four oldest justices are 79, 76, 75, and 73 years of age; Five of the nine justices are Conservative Republicans; Three of the justices are women: Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan; One of the justices is African-American: Clarence Thomas; and Sonia Sotomayor is the first Hispanic-American to serve on the Supreme Court. Eight of the justices come out of the appellate court system, and Elena Kagan was the solicitor general. The Court today is divided almost equally along partisan lines. On the corporate front, this is an extremist court, a court that has shifted extremely to the far right. In important cases decided 5-4, it is usually the Republican-chosen quintet that provides the victory. The Supreme Court is now a corporate court that by giving big business the advantage is shrinking access to justice for everyday citizens (Edwards, chapter 15 and Bill Moyer).
The Supreme Court was established in 1789, with its powers stated in Article III of the newly-ratified United States Constitution. In the years leading up to the Marshall era, the Court was little more than a shadow of its future self. It lacked both the prestige and authority of the latter 19th century. John Jay–and his successors, Rutledge and Ellsworth–oversaw few cases, and ever fewer significant ones. Often cited as an example of the early Court’s inefficiency, their most
The first Supreme Court Justice took office in 1789. His name was John Jay and he accepted the offer to take the position when offered it by George Washington. Congress approved him later in the year and he stayed in office until 1795. There have been many more Chief Justices in the United States Supreme Court with a current number of seventeen and with more to come.
The current Supreme Court membership is comprised of nine Supreme Court Justices. One of which is the Chief Justice and the other eight are the Associate Justices. The Justices are Chief Justice John Roberts, Jr., and Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel Anthony Alito, Jr.
The supreme Court is the head of the judicial part of Government in the USA, it acts as an appellant court which can also on occasion deal with ambassadorial and diplomat cases. It is separate from the other 2 branches of government in order to remain independent and provides a powerful check on those branches. However it has been criticised by being called democratically lacking. The members have a significant amount of power
The federal judiciary was established as a significant institution in 1801. President John Adams was leaving the office involuntarily and feared the death of the Federalist Party. He thought he could keep it going in the court system by appointing John Marshall as Chief Justice of the United States and the Judiciary Act of 1801 was another part of his plan. The law relieved the Supreme Court Justices from riding circuit and holding court away from home for the older men. It created circuit judgeships, which would be filled by Federalists. The Chief Justice appointment and the Judiciary Act made the courts a great political battleground. The Supreme Court was the main target because it was not considered a significant institution and received little attention. As Chief Justice, John Jay felt his duties so light that he became American minister to the Court of St. James?s and then to campaign successfully for governor of New York. He did not consider a second appointment to be worthwhile. Also, Oliver Ellsworth as Chief Justice had enough time to be a minister to France in 1800. It was not considered unusual for John Marshall to continue to be Secretary of State in the Adams administration for one month while he was serving as Chief Justice. (2)
Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
The Supreme Court is the highest level of the federal court system. It consists of nine justices, including a chief justice and eight associate justices. Very rarely do cases originate on the level of the Supreme Court. The judges and justices that preside over the courts of the United States determine the constitutionality of laws and legislation.
The Supreme Court of the United States, also known as the highest judicial body in the country, leads the federal judicial system. The Supreme Court is made up of the Chief Justice and eight other Associate Justices. With presidential nomination, these judges are on the Court for life and have the most important cases to deal with in their jurisdiction. Our current makeup of the Supreme Court consists of Chief Justice, John G. Roberts, Jr., having
The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.
The Fourth Amendment to the U.S. Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at
The Supreme Court is the highest court in the United States. It has final appellate jurisdiction over all cases in the United States of America. Although it was provided for only briefly in the Constitution, it is an instrumental part of our democracy.