The United States Supreme Court

1. The United States Supreme Court 16th May, 2011

2. Exam questions • Name the powers of the US president. • Whom can the president appoint? • What is an executive order? • What does the Congress consist of? • How a bill becomes a law? • What does the US cabinet consist of? • How is the president’s power to veto a bill limited? • What is the State of the Union Address?

3. How is the US president elected? • Who are electors? • What are the requirements for a presidential candidate? • What are the presidential primaries? • What is impeachment? • Which 3 presidents were impeached?

4. History • Article 3 of the Constitution states 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.” • Created in 1789, organized in 1790 • Situated in Washington, D.C.

5. The Supreme Court • Consistsof: • theChiefJusticeofthe USA • 8 associatejustices + court officers (counselor to ChiefJustice, clerks…) • Power to nominatejusticeslieswiththepresident • Appointments are madewiththeadviceandconsentofthe Senate • Justiceshold office for life (ingoodbehaviour)

6. Appart from being justices of the Supreme Court, each justice also sits as a “circuit justice” – to oversee one or more federal judicial circuits • 11 circuits (geographical location) • Federal Circuit (subject matter) • District of Columbia Circuit

7. Dual structure of courts State courts Federalcourts • State Supreme Courts • State Courts of Appeal • General Trial Courts • Inferior or Petty Trial Courts • The Supreme Court • Courts of Appeals (Circuit Courts) • District Courts

8. The federal court system

9. The Federal Court system • Established by the Congress • 89 districts in the 50 states and 5 districts for the territories (American Virgin Islands, Puerto Rico…) • Exlusive civil and criminal jurisdiction • Diversity jurisdiction in civil cases (parties must be from different states or countires)

10. Jurisdiction of the Supreme Court • Original jurisdiction (cases involving foreign ministers, ambassadors, disputes between states) • Appellate jurisdiction (cases involving new and important principles) • Judicial review (the power to determine if laws are constitutional and the power to make unconstitutional laws invalid)

11. The procedure • The Justices assign cases to their assistants to sort through on the merits • The Chief Justice prepares a list of petitions to be discussed (other Justices add their cases) • The Justices discuss the petitions and grant certiorari to less than 5 %

12. The parties to a case file legal briefs outlining their arguments (+ amici curiae) • If the Court decides to hold a hearing each side has 30 minutes to present its case orally • The Justices are allowed to interrupt the attorneys (a member of the Bar of the Court) to ask questions

13. Justices discuss the points of law at issue, state the basis on which they would decide the case and give preliminary votes • One of the Justices will write the first opinion which will be circulated to all Justices (changes to opinion, changes of Justices’ minds) – concurring/dissenting opinions • A Court’s decision is reached (majority of 5) - plurality opinion

14. Thank you!