The Supreme Court

“Equal Justice Under Law”

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© Lester Lefkowitz /Corbis

Chief Justice John Marshall

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Judicial Review of the Other Branches

• Constitution does not speak to question of “who should prevail?” in conflict between different branches of government

• In Marbury v. Madison (1803), Supreme Court established power of judicial review– Ruled that act of Congress authorizing Supreme Court to

issue orders against government officials unconstitutional

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Figure 14.1

The Federal and State Court Systems, 2008-2009

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Geographic Boundaries of Federal District Courts and Circuit Courts of Appeals

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The Federal Court System

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Legal Terms• Civil case: disputes about something of

value

• Criminal case: violation of law

• Plea bargain: negotiating severity and number of charges to be brought against defendant

• Adjudication: court judgment resolving the claims and enforcing the decision

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Cases Before the Court• Granting Petitions for Review

Review is granted by a writ of certiorari– To issue a writ, a minimum of four justices

must agree that the case should be heard by the Supreme Court (the “rule of four”).

– The Court generally agrees to hear about 1% of the petitions brought before it

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The Supreme Court’s Docket

• Supreme Court hears fewer than 100 cases from the more than 8,000 submitted each year– Requests made by petition for certiorari– Rule of four unwritten requirement– Business cases substantial portion of docket

• Justices meet twice a week to vote on previously argued cases and consider new cases

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Judicial Recruitment• No formal requirements for appointments to

federal courts

• President nominates; Senate must confirm

• Congress sets compensation:

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Chief Justice of the Supreme Court $223,500

Associate Supreme Court justices $213,900

Courts of Appeals justices $184,500

District judges $174,000

Magistrate-judges $160,080

Figure 14-4

A More Representative Court

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Figure 14-3

Measuring Judicial Activism

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Criminal Rights– Constitutional rights

• Unreasonable search and seizure• Due process• Speedy and public trial• Against self-incrimination• Double jeopardy• Right to legal representation• Forbids cruel and unusual punishment

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Criminal Rights (cont)

• Supreme Court defines and interprets rights– May change in response to public opinion

(death penalty)– Defines some criminal rights

• Miranda v. Arizona• Gideon v. Wainwright

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