Question #3 Brief description of the Supreme Court. The Supreme Court of the United States of America is the law of the land and no other political entities or judicial powers can rule over the decisions made by the Supreme Court. Article 3 of the Constitution establishes a framework for a federal judiciary system to be implemented (Harr, Hess, Orthman, Kingsbury 2015). The Supreme Court was established by the Federal Judiciary act of 1789. The Supreme Court is composed of 9 justices, which was the number of justices agreed on in 1869. The fate of a case is decided by the justices and establishes the law of the land with a majority vote. Justices Composing the Supreme Court are said to be the greatest legal minds of the Country. The United States President nominates a justice candidate, and the Senate confirms the nomination made by the President (Harr et al 2015). …show more content…
By reviewing the nominated justices record, the President can tell how the nominated justice might decide on future cases (conservative or liberal). The Supreme Court has varied from being a liberal court to being amore conservative court through out time. “Liberal decisions handed down by the Supreme Courts are usually considered to be “pro-person, accused or convicted of a crime, pro-civil liberties or civil rights claimants, pro-indigents, pro-American Indians and anti-government” (Harr, et al 2015 page 66). Conservative decisions handed down by the Supreme Court on the other hand tend to focus on the punishment of those who break the law (Harr, et al
The Judicial Branch was written to have very little power, it originally had a federal court and then had to be divided into lower. The President is in charge of appointing the justices, and all of the decision from congress and the executive branch have to go through the judicial branch in order for them to decide if it constitutional or unconstitutional.
The US Supreme Court was created in Article III of the Constitution and has the ultimate authority on the interpretation of constitutional law and is therefore deemed the highest court in the nation (USSC). The Supreme Court consists of a chief justice and eight associate justices who review cases from lower courts throughout the nation and rule on the constitutionality of the issues (Urofsky, 2001). The Supreme Court plays a large role in the American legal system because its rulings become law, affecting subsequent cases throughout the nation. During the late fifties and sixties, a time known as the Warren Court, the Supreme Court handed down multiple rulings that were controversial and especially impactful in the area of criminal investigations.
In 1789, the final draft of the constitution of the United States came into effect. In article three it calls for "[t]he 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." In the article it neither says the duties, powers, or any organization of the supreme court. If left this up to congress and to the justices of the court itself for these details.
The transformation of the Federal Government Judiciary system established in 1789 and is built on three basic principles. It begins with at least one federal district courts in each state. An Example is if two parties are engaged in a lawsuit are unsatisfied with the courts verdicts it can appeal its case to the circuit courts. The court was composed of one district court and two Supreme Court justices. These appellate court justices meet twice a year to review cases of the lower court’s rulings. In 1869, Congress expanded the Supreme courts size to nine judges. The Supreme Court is the highest court in the United States for all cases under the U.S. Constitution. One Chief Justice runs the Court and the remaining eight justices preside under
The first steps of Congress, in which had just been created, was to pass the Judiciary Act in the year of 1789; in which created the path for the highest court in the judiciary branch, the Supreme Court – the court of last resort. Found in the constitution and set by our founding fathers, it stated that the Supreme Court would consist of one Chief Justice and five Associate Justices that were to be stationed in our nation’s capital. The first Chief Justice appointed was John Jay who served from the years 1789 to 1795. The five Associate Justices were John Blair, John Rutledge, James Iredell, William Cushing, and James Wilson. The Judiciary Act of 1789, in addition also said that the jurisdiction of the Supreme Court would include any and all court levels. They surpassed their selves
In 1787 Article three of the constitution created the Supreme Court, but not until 1789 was it configured. The way it was originally set up was with one Chief Justice and five associate judges, with all six members being appointed for life. This court serves as the “supreme law of the land”, it has the power to determine if state or federal laws are in conflict with how the Court interprets the constitution.
During the late 1800’s to the mid 1900’s, the United States was tainted by the stain of the slavery era, especially in the southern states. There was a great prejudice against blacks and the white majority was able to prevent them from practicing their basic rights, especially the right to vote and the right to get an education. When people started to question why there should be this segregation within society, they brought the issues to the United States Supreme Court. These conflicts resulted in the Supreme Court cases, Plessy v. Ferguson and Brown v. Board of Education, two of the most influential court cases in United States history.
These cases must involve a matter of federal law or be within the control of federal courts. Most cases that come through are ones that the justices can all agree on the decision of the lower court or they agree that it has no significant point of law. The cases that do get brought through must go by the “the rule of four”. This is the rule that four out of the nine justices must think a case should put on the Court’s list of cases to be heard.. However there is still not many cases that make it to court. Most of the cases that do reach the Supreme Court are by writ of certiorari, which means “to be made certain” in Latin. This is an order by the Court directing a lower court to send up the record in a given case for its review. Both sides of a case can petition the Court to issue a writ. If certiorari is denied then the decision of the case lies with the lower courts decision. If the Courts agree to hear the case then is argued in court. The Justices are given information on each case and lawyers of both sides are given thirty minutes to present their argument. After the case has been argued, the majority opinion is what stands as the ultimate decision of the case. The Supreme Court can hear up to twenty four cases in a two week
1. What Supreme Court decision fundamentally changed how election campaigns can now be financed in the U.S.? What is at the heart of this decision? The choice in the Supreme Court instance of Citizen's United generally changed how campaigns would now be able to be back in the U.S. It enables companies to spend boundless/unlimited measures of cash for or against an applicant. Nonetheless, cash can't go straightforwardly to the applicants. It needs to go to free outside gatherings/interest groups.
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 Congress may from time to time ordain and establish." Article III establishes the Court as the chief authority of the judicial branch making it equal to the executive and legislative branches (Lieberman, 2003, p 3).
President Van Buren influenced the process and decided to refer the matter to the Supreme Court of the United States. At that time, the Supreme Court had been acknowledged as the highest court in America and had supreme rights in the interpretation of the country 's constitution. Therefore, their decision on the case was to be final, unquestionable and unchallenged. The president of the nation had the obligation of appointing the justices following the confirmation of the Senate. At the time, the court comprised of nine justices, including one chief justice and eight associate judges. The decision of the Supreme Court could only be overturned by another Supreme
The President nominates justices to the court. The Senate must vote its approval of the nominations. While the Congress also has great power over the lower courts in the federal system. The Congress, the President, the state police, and other government officials follow the Supreme Court. Some can pass laws, and others can enforce laws. But only within certain areas, the Constitution sets these areas. It is this courts job to insure that all branches of the government follow the same set of rules and explain what is
In the video engager, Dr. Kristina Mitchell explains the three different models of judicial decision making; these models include the legal model, the attitudinal model, and the strategic model. The legal model is when the Supreme Court Justices make their decisions based off of fact of case, laws, and precedents. A precedent is a previous case that deals with the an issue that had been discussed before by the Supreme Court. Essentially, the justices would use the information from previous cases to help them to decide on the case at hand. The weakness of the legal model is that basing the decisions off of previous cases would mean even though the world is moving forward, and times and opinions are changing, we are using things from the past to aid in decision making. However, a strength of using this model is using the past to help see how people will react to the decision made and determining if the precedent’s ruling was positive or negative. The Attitudinal model is based off of the fact that the Justices serve for life, unless they are impeached or convicted so the justices have no constraint on their decision making. This model explains that Justices make decisions
Here is what I know, the general information is that U.S. Supreme Court has nine judges that are called Justices that preside over the high court. To get there a person must be nominated by the President of the United States and confirmed by the U.S. Senate, once confirmed there is no term limit. Currently the Supreme Court has a vacancy as of February 14, 2016 as stated earlier in this paper and President Obama has stated that he will fulfill his duties as President of the United States as spelled out in the constitution to nominate a candidate to fill the vacancy.
The Supreme Court sits at the top of the federal court system. The Supreme Court is the “court of last resort” for cases coming from both the state and the federal courts. American government has very well organized the policies of supreme courts. The rules and regulations that govern Supreme Court are different and get influenced by various factors.