The Judicial SystemThe United States Supreme Court

Function:◦ Ensures uniformity in interpreting national laws◦ Resolves conflicts among states◦ Maintains national supremacy of law◦ Set legal precedents for lower courts

9 justices- 1 chief justice and 8 associate justices. Supreme court decides which cases it will hear- controls

its own agenda◦ Original jurisdiction-rare◦ Appellate jurisdiction- ◦ Judicial Review

The Basics

What Courts Should do•Judicial restraint: judges should play a minimal policymaking role

•Judicial activism: judges should make bold policy decisions and even chart new constitutional ground

•Doctrine of Original Intent: Judges should determine the intend of the framers of the Constitution and decided cases in line with that

• Judicial Implementation: How and whether court decision are translated into actual policy.

Road to the Supreme Court

Accepting Cases(Appellate Jurisdiction) 1. Losing party appeals to the Supreme Court2. Judges meet in conference

1. Use the “rule of four” to choose cases2. Solicitor General

3. Issues a writ of certiorari to call up the case1. Date is set to present oral arguments

The Solicitor General:

a presidential appointee and third-ranking office in the Department of Justiceis in charge of appellate court litigation of the federal governmentBy avoiding frivolous appeals and displaying a high degree of competence, the solicitor general have a the confidence of the Supreme Court.

Your day in court

1. Court receives written briefs of the case1. Court receives amicus curiae briefs

2. Oral arguments & questioning heard by the justices

3. Judicial Conference1. Once a tentative decision has been made the

opinion can be written.

The OPINION- ◦Majority Opinion is written by the chief justice or the senior member of the majority. ◦Plurality opinions are……◦Concurring opinions are written in support of

the majority but stress a different legal basis◦Dissenting opinions are written by justices

who oppose the majority.

◦Stare decisis: let previous decision stand unchanged