chapter 5 US supreme court

?
  • Created by: loupardoe
  • Created on: 27-02-19 09:00

structure of the federal courts

  • the US supreme court sits at the top of the federal judiciary
  • according the original constitution, the supreme court was to be the only federal court
  • article III, section 1- the 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
  • Judiciary Act 1789- congress set up a system of lower federal courts
  • below the supreme court are 13 courts of appeals (circuit courts)
  • below these are the 94 trial courts (district courts)
  • the vast majority of federal cases begin in the district courts
  • once the case has been decided there, it may be appealed to one of the Circuit Courts
  • from there it may be appealed to the united states supreme court
  • cases may also arrive at the US supreme court from the state supreme courts, if questions involving the federal government are raised
  • the US supreme court hears only those cases that it wishes to hear
  • there is no automatic right to have one's case heard before the US supreme court
  • it hears only those cases that it believes are of major constitutional significance

membership of the supreme court

  • today there are 9 members of the supreme court
  • one chief justice, 8 associate justices
  • the number is fixed by congress and has remained unchanged since 1869
  • they are appointed by the president and must be confirmed by a simple majority vote in the senate
  • they hold office for life
  • members of the court can only be removed through the impeachment process
  • the house must impeach a justice by a simple majority and the senate must then try that justice
  • if found guilty by the senate by a 2/3 majority, the justice is removed from office
  • no supreme court justice has ever been impeached
  • 1968- Associate Justice Abe Fortas resigned from the supreme court rather than face impeachment
  • justices leave the court only as a consequence of voluntary retirement or death
  • when the court is in session, the justices sit along the bench at the front of the chamber in high back chairs with a backdrop of a plush red curtain
  • sitting in the middle is the chief justice
  • their powers are in most respects the same as their colleagues
  • the chief justice has the opportunity to set the tone of the court
  • the current chief justice John Roberts is the 16th person to hold the office in 230 years
  • others- Earl Warren, Warren Earl Burger, William Rehnquist

membership of the supreme court, January 2017

  • John Roberts, 2005, Bush
  • Anthony Kennedy, 1988, Reagan
  • Clarence Thomas, 1991, Bush sr
  • Ruth Bader Ginsburg, 1993, Clinton
  • Stephen Breyer, 1994, Clinton
  • Samuel Alito, 2006, Bush
  • Sonia Sotomayor, 2009, Obama
  • Elena Kagan, 2010, Obama
  • Neil Gorsuch, 2017, Trump
  • (Brett Kavanagh), 2018, Trump

philosophy of the justices

  • it is often suggested that presidents wish to appoint justices who share their judicial philosophy
  • from a philosophical perspective, justices can be classified as…

Comments

No comments have yet been made