chapter 5 US supreme court
- Created by: loupardoe
- Created on: 27-02-19 09:00
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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…
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