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The Supreme Court

SCOTUS

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Jurisdiction

Original jurisdiction

  • cases that involve

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    • foreign diplomats
    • disputes between states

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Appellate jurisdiction (when you appeal the decisions of other courts it can make it up to here)

  • by far most of the work of SCOTUS

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Organization

1 Chief Justice

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8 Associate Justices

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Congress can change the number if desired (they haven’t in modern time - but have not replaced the missing justice)

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Selection of Justices

Appointed by POTUS (President of the US)

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Vacancies open upon death or retirement

  • Tenure is for life

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Senate must approve appointments

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Usually careful in selection to get approval

  • Long hearing process (like a trial)

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Judicial Review

SCOTUS can review any law from any level of government

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Most important job of SCOTUS!!!!!

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"Is a law constitutional?"

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Limits on SCOTUS

Checks and Balances affect even SCOTUS

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Executive Branch must enforce decisions

  • Andrew Jackson and Cherokee Nation (the SC made a decision, but it was not enforced by the state or by the president)

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Limits on SCOTUS

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If law is struck down:

  • Congress and states can change a law or make a new law

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* SCOTUS can only hear case brought to them

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Struck down by NC Appellate Court (state level judicial branch)

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How Cases Reach SCOTUS

Meets for about 9 months per year

    • starts first Monday in October

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Justices review list of possible cases

  • must be actual cases on appeal from Circuit Courts (Certiorari process) and choose the ones they want to hear
  • simple majority vote

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How SCOTUS Choses Cases

  • 7033 cases were appealed to SC in 2014

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  • The court heard several hundred...

but only gave full hearings to 75 and wrote opinions for 66

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How SCOTUS Choses Cases

Justices look for cases that:

  • Ask a Constitutional question

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  • Avoid political issues - choose legal questions

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  • Have basic issues (the case is not confused by way too many complications)

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Steps in Decision Making

Written Arguments

    • brief filed by both sides

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Oral Arguments

  • 30 minutes per side to present case
  • Justices then ask questions

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Conference

    • private meeting of Justices on Friday

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Opinion Writing (Majority & Dissent)

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