Lesson Three

The Judicial Branch: Interpreting the Law for Our Nation

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A Brief History of the Supreme Court

Before the Constitution was created In 1787, there was in place a system of state courts. Whether a federal court was even necessary was hotly debated during the Constitutional Convention, and finally a compromise was reached. The state courts would remain, but Article III of the Constitution also created the judicial branch of government, which the Supreme Court represents. In its earliest days there were only six justices, but by the mid-1800's there were ten justices, and since 1869 until now there have been nine justices: one chief justice and eight associate justices. The Supreme Court is the highest court in the United States, and oversees a system of federal courts throughout our country. Any decisions that it makes cannot be appealed to any other court, and its decisions become a model for lower courts to follow when similar cases come up.

When the Supreme Court was first created, there was one chief justice and five associate justices. Over the next 90 years, the numbers of justices varied, until finally in 1869 its current configuration was put into place: one chief justice and eight associate justices for a total of nine.

The Architecture of Our Federal Court System

When the Supreme Court was created, the first Congress also divided the nation into districts that would each have a federal court. Today, the Supreme Court is the head of a federal court system. Underneath it are 11 Courts of Appeals which were first created in 1891 to ease the burden on the Supreme Court. The Courts of Appeals review the decisions of the district courts within their area of jurisdiction. . Beneath the Court of Appeals are 91 district courts (89 districts in the 50 states, and one each for the District of Columbia and Puerto Rico). Beneath these are the courts of special jurisdiction, such as Patents and Customs.

Congress has the power to create and abolish federal courts (except the Supreme Court, which cannot be abolished), and also determines the number of judges in the federal court system.

This federal court system addresses suits which involve the breaking of federal law such as laws which cross several state lines, theft of federal property, counterfeiting, or other violations. The federal court jurisdiction at times overlaps to some degree with the state courts, since a federal district court may be asked to hear a case that involves the laws of an individual state, and the state courts may hear some cases that normally would be under federal jurisdiction.

The Justices of the Supreme Court

There have been just over 100 justices in the Supreme Court since its beginning in 1789. Today there are eight associate justices and one chief justice in the Supreme Court (the number of justices is decided by Congress). The chief justice is the executive officer for the Court. Each justice is allowed one vote when making a decision. To make a ruling, the vote does not need to be unanimous, instead only one vote can decide in favor of a judgment.

The president appoints a justice to the Court, and the Senate must confirm his appointment through interviews and investigation by a special committee. There are no constitutional requirements for a justice, but in practice they all have a background as lawyers. A justice may hold their position for their lifetime, although most choose to retire or resign at some point.

Because a court ruling can be made based on a majority of only one vote, a justice or justices who disagree with the majority vote may decide to create and write out a dissenting opinion. This dissenting opinion may bring up important legal points, and may also be used as a reference in future cases when making a decision.

The Supreme Court meets in the Supreme Court building in Washington, D.C.

The Role of the Supreme Court in Our Government

The Supreme court is responsible for interpreting the Constitution as it relates to the laws of our nation. This means that cases which involve Constitutional law are under its jurisdiction (some cases may be referred by appeal from lower courts). The Court has original jurisdiction over cases that involve treaties made by the United States, or in which dignitaries from foreign countries are parties (whether in a case with the US or a state government). And in any controversy in which the United States is a party, the Supreme Court will assume its judicial role.

Once the Supreme Court makes a decision, the decision cannot be appealed to any other court.

There are many cases filed each year (close to 7,000) but the Supreme Court only hears a fraction of them-about 150. The Court plays an important role in determining whether laws that Congress passes are in agreement with the Constitution (this is known as "judicial review" and is a check on the power of Congress by the judicial branch of government). The famous Marbury ruling in 1803 determined that "a legislative act contrary to the Constitution is not law", which means that if Congress (or states) make laws that go against the Constitution, then the Supreme Court can rule that the law is illegal.

The Court meets during a term that begins on the first Monday in October each year and ends in June. The justices have law clerks and secretaries who help them research facts at the nearby law library and help with writing the drafts of opinions. The justices will vote on a case after hearing oral arguments, and they may change their mind at any point. Once a majority opinion is formed the justices sign it, although some may choose to write a dissenting opinion. And even if they agree with the majority opinion, they may disagree on some points, and so will write their own opinion for a case that shows why they came to their decision. The justices through discussion and argument may also try to change the opinion of other justices and bring them to switch their original vote.

Once a decision is made and drafted, it is often announced publicly, giving details on how the Court came to make their decision.

Famous Justices of the Supreme Court

The first justice of the Supreme Court was John Jay, who assumed his office in 1789. The fourth justice of the Court, John Marshall, served from 1801 to 1835 as chief justice and is considered the greatest justice who has ever served. He was responsible for increasing the role of the Supreme Court in our government, and made many rulings which increased the power of the federal government. The court also began giving majority opinions during his term, increasing its authority. And Marshall helped with the ruling in the famous Marbury v. Madison case, which gave the judicial branch jurisdiction over the legislative branch (Congress).

Charles Evans Hughes served on the Supreme Court from 1910 to 1941 (the last 11 years as chief justice) and helped increase the acceptance of the New Deal legislation which President Franklin Roosevelt initiated to help the nation in its recovery from the Great Depression.

William Howard Taft was the only justice to have been president of the United States (from 1909 to 1913). He served on the Supreme Court from 1921 to 1930 as chief justice. He helped convince Congress to allow the Court to decide which cases it would hear during a term.

Chief justice Earl Warren served from 1953 to 1969, and was known for his social rulings, including decisions to stop segregation in the schools and to ensure fair outlining of voting districts. He was also an advocate for the rights of defendants in criminal trials.

Thurgood Marshall was the first African American appointed to the Supreme Court in 1967. In 1981, Sandra Day O'Connor was appointed the first female justice of the Court.