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THE SUPREME COURT OF THE UNITED STATES

THE SUPREME COURT OF THE UNITED STATES. UNIT 17. Preview. History Sources of law in the USA State and federal courts Jurisdiction of the Supreme Court Judicial appointments Cases. THE COLONIAL PERIOD.

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THE SUPREME COURT OF THE UNITED STATES

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  1. THE SUPREME COURTOF THE UNITED STATES UNIT 17

  2. Preview • History • Sources of law in the USA • State and federal courts • Jurisdiction of the Supreme Court • Judicial appointments • Cases

  3. THE COLONIAL PERIOD • Judicialfunctions: closelyintertwined, oftenevenfused, with legislative andexecutiveones • Thehighestcourt: theroyalcouncil, whichwasalsotheupperhouseofthelegislature

  4. CONFEDERAL PERIOD • During the Confederation period: 13 independent state legal systems; • No unifying national judiciary • The Founding Fathers: each state would maintain its own court system, but national legal uniformity had to be created

  5. THE CONSTITUTION • TheConstitution “shallbethesupremeLawoftheLand” (Article VI) providing for a nationaljudiciary (Article III) • EstablishedtheSupreme Court at the top ofthenational system andleftthecreationofotherfederalcourts to Congress • State courts – understateresponsibility

  6. SOURCES OF LAW IN THE U.S. • TheConstitution • Caselaw • Statutes • Treaties

  7. Dual Structure of Courts • State andfederal • Jurisdictionoftenoverlaps: a single actcanviolatebothfederalandstatelaw • 5th Amendmentprohibitsdoublejeopardy – retrial on the same chargeafteranacquittal; trialinboth a stateand a federalcourthasnotbeeninterpreted as constitutingdoublejeopardy

  8. State courts • Inferior or Petty Trial Courts (minor civil or criminal matters; JPs) • General Trial Courts (criminal and civil cases) • State Courts of Appeal • State Supreme court

  9. FEDERAL COURT SYSTEM • District Courts • Courts of Appeals • The Supreme Court

  10. Districtcourts • 94 districtcourts • Trialcourtsofthefederaljudiciary • Jurisdictionwhere a federallaw, theConstitution or treatiesapply • Civil andcriminalfederalcases at first instance

  11. FEDERAL COURTS OF APPEALS • 13 courtsofappeals • Cases on appealfromdistrictcourts; no jury, no witnesses • Decisionsmadeby a panel ofthreeor more judges • In most cases, decisions are accepted as final, therebyendingthecase

  12. TheSupreme Court ofthe United States

  13. TheSupreme Court’s Threefold Role • To maintainthesupremacyoftheConstitution • To ensuretheuniforminterpretationoffederallaw • To resolvecontroversiesbetweenstates or between a state andthe US (original jurisdiction)

  14. THE SUPREME COURT OF THE UNITED STATES • Apellate jurisdiction: considers only cases involving new or important legal principles • Original jurisdiction: cases involving ambassadors, foreign ministers, and consuls, disputes between states • Judicial review

  15. JUDICIAL REVIEW • Thepoweroffederalcourts to reviewtheconstitutionalityoftheactsoftheotherbranchesofthefederalgovernment (Marbury v. Madison, 1803) • Theycanalsoreviewanystateexecutive, legislative orjudicialactwhichisundertakenpursuant to a stateconstitutionorstatelaw

  16. Marbury v Madison • The Court's power of judicial review -not confirmed until 1803, when it was invoked by Chief Justice John Marshall in Marbury v. Madison. • The Chief Justice asserted that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution. That oath could not be fulfilled any other way.

  17. JUDICIAL REVIEW • ThepoweroftheSupreme Court: • 1) to determinewhetherlaws are inharmonywiththeConstitutionand • 2) for suchlaws as are inconflictwiththeConstitution, to declarethem invalid, void, andunconstitutional

  18. Limitations • Thejurisdictionoffederalcourtsisrestricted to casesinwhich a realconflictexistsand for which a realremedyispossible • Thefederalcourtswillnotgiveanadvisoryopinion on a case

  19. Limitations • TheStandingRequirementobligesthepetitioner to bethepersonwhoisdirectlyaffectedbytheoutcomeofthesuit; a personhasstandingwhen he hasbeenthe one whoserightshavebeenendangered • Federalcourtswillnotreview a statecourtjudgmentunlessit involvesfederallaw

  20. The American Judiciary • Selected by appointment or election • Federal judges: nomination by the President, confirmation by the Senate • All federal judges are appointed to serve during “good behavior” – life-time appointment • Impeachment – the only means of removal

  21. Judicial appointments • Franklin Roosevelt(4 termsofoffice): 9 • Richard Nixon: 4 • Gerald Ford: 1 • Ronald Reagan: 3

  22. Procedures • A Term of the Court beginson the first Monday in October. • Court sessions continue until late June or early July. • The Term is divided between "sittings," when the Justices hear cases,and intervening "recesses," when they consider the business before the Court and write opinions • Sittings and recesses alternate at approximately two-week intervals

  23. Procedures • Each side is allowed 30 minutes argument and up to 24 cases may be argued at one sitting. • No jury and no witnesses • For each case, the Court hasa record of prior proceedings and printed briefs containing the arguments of each side.

  24. ArticlesoftheConstitution • Article I: The Legislative Branch • Article II: The Executive Branch • Article III: The Judicial Branch (1. The Federal Courts: Supreme and Lower Courts; Tenure and Salary of Judges, 2. Jurisdiction of the Federal Courts, 3. Treason) • Article IV: Relations Among the States and with the Federal Government

  25. Articles • Article V: Proposing and Ratifying Amendments to the Constitution • Article VI: Miscellaneous Provisions • Article VII: Ratification of the Constitution: Assent Required of Nine States

  26. AmendmentsThe Bill of Rights (1791) • I : Freedom of Religion, Speech, Press, Assembly, and Petition • II : Right to a State Militia and to Bear Arms • III : Regulations for Quartering of Troops • IV : No Unreasonable Searches and No Vague Search Warrants • V : Rights of Accused Persons; Protection of Private Property

  27. AmendmentsThe Bill of Rights (1791) • VI : Further Rights of Accused Persons • VII : Trial by Jury in Most Civil Cases • VIII : No Excessive Bail or Cruel Punishment • IX : Unlisted Rights Reserved to the People • X: Powers Reserved to the States or People

  28. The Bill of Rights • Setsforthbasicguaranteesofindividuallibertiesafforded to allAmericansbyvirtueoftheircitizenship • Originallyappliedonly to thefederalgovernments • State andlocalgovernmentswerenotboundbytheamendments; onlyboundbytherightsgranted to theircitizensinstateconstitutions • Today – most amendmentsapplicable to thestates

  29. The First Amendment • Guaranteesfreedomofreligion • ProhibitsCongressoranystatefrommakinglawswhichinterferewith a citizen’sright to ecercisehisreligionfreely (free exerciseclause) • Neitherthefederalgovernmentnoranystategovernmentmayengageinanyofficialactwhichwouldpromoteorestablish a particularreligion (establishmentclause)

  30. The First Amendment • Whereas a citizen’sright to holdanyreligiousbeliefisabosolutelyprotected, there are limitsplaced on theright to engageincertainreligiousactivitiesiftheyendanger a publicinterest (e.g. polygamyandtheceremonial use ofdrugs)

  31. The First Amendment • Alsoprotectsfreedomofspeechandfreedomofthe press • Everycitizenhastheright to advocateanybelief, ideaorideologypublicly, no matter how unpopular • Freedomofspeechandfreedomofthe press – notabsolute

  32. The First Amendment • Categoriesofspeechexcludedfromprotection: • 1) speechwhichcreates „a clearandpresent” dangeroflawlessaction • 2) the use ofpersonallyabusivewordswhihcouldlead to physicalretaliation • 3) obscenity • 4) defamation • 5) deceptiveorfalseadvertising

  33. The First Amendment • Theright to assemblepeacefully to expresstheirideasandtheright to petitionthegovernmentwhenthey are notsatisfied

  34. TheFourthAmendment • Prohibitsunreasonablesearchesandseizures • Evidenceseizedinanillegalsearch – inadmissible at trial („exclusionaryrule”)

  35. The Fifth Amendment • A person accused of a crime may not be tried twice for the sam offence: no double jeopardy • He may not be compelled to be a witness against himself: no self-incrimination • No person may “be deprived of life, liberty, or property without due process of law

  36. TheSixthAmendment • Rights of accused persons: • Right to a speedy trial, to impartial jury, defense councel • To know the charges against him, confront hostile witnesses, and obtain friendly witnesses

  37. TheEighthAmendment • Prohibits „cruelandunusual” punishmentofpeopleconvictedofcrimes • Thepunishment must fit thecrime • Deathpunishment for murder – notconsideredbytheSupreme Court as cruelandunusualpunishment

  38. TheFourteenthAmendment • Dueprocessandequalprotectionofthelawsclauses • Proceduraldueprocess – a fair hearing, procedure orproceedingwillbeafforded to theindividualbeforethefederalorstategovernmentcandeprivehimoflife, libertyorproperty • Substantivedueprocess – providestheindividualwiththesubstantiveright to challengearbitrarygovernmentalaction

  39. TheFourteenthAmendment • Theequalprotectionclauseallowscitizens to challengecertaingovernmentalactionandlegislation, whentheactionorlegislationarbitrarilyclassifiespeopleinsuch a waythatonly one classorgroupofpeopleisdeprivedof a rightorsingledout for separate treatment

  40. PROTECTION OF RIGHTS AND LIBERTIES • Rights and liberties – duties: • Freedom of speech: duty to speak honestly and with a full knowledge of the facts • Freedom of religion: duty to respect the freedom of others whose religion is different • The right to vote: duty to know the candidates and the issues in an election • The right to trial by jury: duty to respond willingly when called for jury service

  41. Major Supreme Court Rulings

  42. DECLARING FEDERAL LAWS UNCONSTITUTIONAL: Dred Scott vs. Sanford (1857) • Issue: Dred Scott, a negro slave, taken by his master to the Minnesota region (according to the 1820 Missouri Compromise a free territory) • Then brought back to Missouri, a slave state. • To create a test case, the abolitionists had Dred Scott sue for his freedom on the grounds that his residence in free territory had made him a free man

  43. Dred Scott vs. Sanford (1857) • Decision: Chief Justice Roger Taney stated that a Negro slave was not a citizen and could not bring suit for his freedom in a federal court. • This statement would have sufficed to conclude the case. Taney, however, wanted to end the slavery controversy by a judicial pronouncement.

  44. Dred Scott vs. Sanford (1857) • Conclusions: • A) slaves are property • B) Congress may not deprive any person of the right to take property into federal territories, and consequently: • C) The Missouri Compromise, a federal law which prohibited slavery in part of the Louisiana Territory, was declared unconstitutional

  45. CONSEQUENCES -The South elated, the North indignant - Northern newspapers: the decision “is the Moral Assassination of a Race and Cannot be Obeyed” - The decision: 1) blackened Taney’s reputation, 2) did not prevent the Civil War, 3) temporarily weakened but did not destroy the power and prestige of the Supreme Court.

  46. DECLARING STATE LAWS UNCONSTITUTIONAL: Gibbons vs. Ogden (1824) • Issue: Aaron Ogden, operating under a New York State monopoly grant, ran a ferry on the Hudson River between New York and New Jersey. • Thomas Gibbons ran a competing line under a federal license. • Ogden sued to halt Gibbons; won in the New York State court • The case - appealed to the Supreme Court

  47. Gibbons v. Ogden (1824) • Decision: New York’s grant of a Hudson River monopoly to Ogden declared invalid. • The grant violated the Constitution’s delegation of interstate commerce to federal control. • The decision prepared the way for federal regulation of railroads, buses, airlines, radio and television broadcasting, business organizations, etc. when engaged in interstate commerce

  48. AMENDMENT XIV Protection of Civil Liberties Against State Infringment (1868) • Section 1. Definition of Citizenship: Due Process of Law and Equal Protection of the Laws. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws

  49. REVERSALSSegregation: Plessy vs. Ferguson (1896) • The Supreme Court by 8 to 1 held constitutional a Louisiana law requiring segregation by race of railroad passengers; • did not violate the “equal protection of the laws”clause in the 14th Amendment (1868) provided that facilities were separate but equal • The lone dissenter, Justice John Marshall Harlan: that the separation of citizens on the basis of race is inconsistent with equality before the law: “our Constitution is color-blind, and neither knows nor tolerates classes among citizens.”

  50. Brown vs. Board of Education of Topeka (1954) • Mexican-American children – kept in segregated schools with inferior facilities • Chicano leaders demanded upgrading of facilities, bilingual teachers: instruction in Spanish, the teaching of English as a second language, courses in Chicano history and culture

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