The United States The United States Supreme CourtSupreme Court

The highest court in AmericaThe highest court in America

The Supreme Court JusticesThe Supreme Court Justices The main job of the nation’s top court is to The main job of the nation’s top court is to

decide whether laws are allowable under the decide whether laws are allowable under the Constitution.Constitution.

The Supreme Court has original jurisdiction The Supreme Court has original jurisdiction only in cases involving foreign diplomats or a only in cases involving foreign diplomats or a state. state.

All other cases come to the Court on appealAll other cases come to the Court on appeal. . In cases the Court refuses to hear, the In cases the Court refuses to hear, the

decision of the lower court stands. decision of the lower court stands. The Court has final authority on cases The Court has final authority on cases

involving the Constitution, acts of Congress, involving the Constitution, acts of Congress, and treaties.and treaties.

Powers of the CourtPowers of the Court The legislative and executive branches must The legislative and executive branches must

follow Supreme Court rulings. follow Supreme Court rulings. Because the Court is removed from politics Because the Court is removed from politics

and the influences of special-interest groups, and the influences of special-interest groups, the parties involved in a case are likely to get the parties involved in a case are likely to get a fair hearing.a fair hearing.

The Court’s main job is to decide whether The Court’s main job is to decide whether laws and government actions are laws and government actions are constitutional, constitutional, or allowed by the or allowed by the Constitution. Constitution.

It does this through It does this through judicial reviewjudicial review—the —the power to say whether any law or government power to say whether any law or government action goes against the Constitution.action goes against the Constitution.

How Cases Reach the CourtHow Cases Reach the Court The Supreme Court conducts business each year The Supreme Court conducts business each year

from from October until June or JulyOctober until June or July. . Each month, the justices spend two weeks listening to oral Each month, the justices spend two weeks listening to oral

arguments on cases and two weeks writing opinions and arguments on cases and two weeks writing opinions and studying new cases.studying new cases.

The Court receives most of its cases on appeal from The Court receives most of its cases on appeal from a lower court, but sometimes a lower court asks for a lower court, but sometimes a lower court asks for a ruling because it is not sure how to apply the law a ruling because it is not sure how to apply the law in a case.in a case.

Of the more than 7,000 applications each year, the Of the more than 7,000 applications each year, the Court agrees to hear fewer than 200. The Court Court agrees to hear fewer than 200. The Court accepts cases that four of the nine justices agree the accepts cases that four of the nine justices agree the Court should review.Court should review. They usually select cases that involve important They usually select cases that involve important

constitutional issues and cases that affect the entire nation.constitutional issues and cases that affect the entire nation. Accepted cases go on the Court Accepted cases go on the Court docket, docket, or or

calendar.calendar.

Order of Supreme Court CasesOrder of Supreme Court Cases A law has been challenged and brought to the A law has been challenged and brought to the

Supreme Court from a lower court.Supreme Court from a lower court. Lawyers provide justices with briefs about the case.Lawyers provide justices with briefs about the case. All justices listen to the facts of the case.All justices listen to the facts of the case. The justices study the briefs of the case when they The justices study the briefs of the case when they

recess.recess. Justices vote on the case they have studied during Justices vote on the case they have studied during

the recess.the recess. After voting, the justices write an opinion.After voting, the justices write an opinion. The opinion is published in the United States Reports.The opinion is published in the United States Reports.

Types of OpinionsTypes of Opinions After the Court reaches a decision, one justice After the Court reaches a decision, one justice

writes a writes a majority opinion. majority opinion. It presents the It presents the views of the majority of justicesviews of the majority of justices. One justice is . One justice is chosen to write the majority opinion.chosen to write the majority opinion. The opinion states the facts, announces the The opinion states the facts, announces the

ruling, and explains the Court’s reasoning in ruling, and explains the Court’s reasoning in reaching the decision.reaching the decision.

The Court may also write a unanimous The Court may also write a unanimous opinion when all the justices vote the same opinion when all the justices vote the same way. way. One or more justices who disagree with One or more justices who disagree with the majority may write the majority may write dissenting dissenting opinions. opinions. A justice who votes with the A justice who votes with the majority, but for different reasons, may write majority, but for different reasons, may write a a concurring opinion.concurring opinion.

Reasons for Court DecisionsReasons for Court Decisions Justices consider how the language of the Constitution Justices consider how the language of the Constitution

applies to the case. applies to the case. They rely heavily on They rely heavily on precedentsprecedents, , following the principle of following the principle of stare decisisstare decisis—“let the decision —“let the decision stand.”stand.” By following precedents, courts make the law By following precedents, courts make the law predictable and consistent.predictable and consistent. At the same time, the law must be flexible to adapt to changing At the same time, the law must be flexible to adapt to changing

times. The justices can overrule outdated precedents.times. The justices can overrule outdated precedents. Social conditions also influence Court decisions. When social Social conditions also influence Court decisions. When social

conditions change, the Court may make new interpretations conditions change, the Court may make new interpretations of the law.of the law. For example, in For example, in Plessy Plessy v. v. Ferguson, Ferguson, the Court ruled that the the Court ruled that the

Fourteenth Amendment permitted racial segregation. However, Fourteenth Amendment permitted racial segregation. However, by the 1950s, society’s views on segregation were beginning to by the 1950s, society’s views on segregation were beginning to change. In 1954, in change. In 1954, in Brown Brown v. v. Board of Education, Board of Education, the Court ruled the Court ruled that school segregation violated the Fourteenth Amendment, that school segregation violated the Fourteenth Amendment, overturning the precedent of “separate but equal.”overturning the precedent of “separate but equal.”

Justices’ views of the law and the role of the courts also Justices’ views of the law and the role of the courts also influence their decisions.influence their decisions.

Like all human beings, justices see the world based on their Like all human beings, justices see the world based on their own life experiences. Their personal views and relationships own life experiences. Their personal views and relationships influence their decisions.influence their decisions.

Important Supreme Court Important Supreme Court CasesCases

Miranda v. ArizonaMiranda v. Arizona

Facts of the CaseFacts of the Case Ernesto Miranda was arrested but not Ernesto Miranda was arrested but not

told his right to not confess to the told his right to not confess to the crime (5th amendment - the right to crime (5th amendment - the right to no self-incrimination). He signed a no self-incrimination). He signed a confession and was convicted. confession and was convicted.

Miranda v. ArizonaMiranda v. Arizona

Question PresentedQuestion Presented Does police interrogation of individuals Does police interrogation of individuals

without notifying them of their right to without notifying them of their right to have an attorney and their protection have an attorney and their protection against self-incrimination violate the Fifth against self-incrimination violate the Fifth Amendment? Amendment?

Conclusion Conclusion Yes. The Court ruled that the police must Yes. The Court ruled that the police must

read people their rights, including read people their rights, including warnings of their right to remain silent warnings of their right to remain silent and the right to have an attorney present and the right to have an attorney present during interrogations, before being during interrogations, before being arrested. arrested.

Texas v. JohnsonTexas v. Johnson

Facts of the caseFacts of the case In 1984, in front of the Dallas City Hall, In 1984, in front of the Dallas City Hall,

Gregory Lee Johnson burned an Gregory Lee Johnson burned an American flag as a means of protest American flag as a means of protest against the Reagan administration against the Reagan administration policies. policies.

Johnson was tried and convicted under Johnson was tried and convicted under a Texas law outlawing flag desecration a Texas law outlawing flag desecration (destruction). (destruction).

He was sentenced to one year in jail He was sentenced to one year in jail and assessed a $2,000 fine. and assessed a $2,000 fine.

Texas v. JohnsonTexas v. Johnson

Question PresentedQuestion Presented Is the desecration of an American flag, by Is the desecration of an American flag, by

burning or otherwise, a form of speech burning or otherwise, a form of speech that is protected under the First that is protected under the First Amendment? Amendment?

ConclusionConclusion Yes. The Court held that Johnson's burning Yes. The Court held that Johnson's burning

of a flag was protected expression under of a flag was protected expression under the First Amendment. the First Amendment.

The government cannot limit a citizen’s The government cannot limit a citizen’s right to burn the US flagright to burn the US flag

Gideon v. WainwrightGideon v. Wainwright

Facts of the Case Facts of the Case Gideon was charged in a Florida state Gideon was charged in a Florida state

court with a felony for breaking and court with a felony for breaking and entering. entering.

He lacked funds and was unable to hire a He lacked funds and was unable to hire a lawyer to prepare his defense. lawyer to prepare his defense.

The court refused to give him an attorney The court refused to give him an attorney when he requested one.when he requested one.

Gideon defended himself in the trial; he Gideon defended himself in the trial; he was convicted by a jury and the court was convicted by a jury and the court sentenced him to five years in a state sentenced him to five years in a state prison.prison.

Gideon v. WainwrightGideon v. Wainwright

Question PresentedQuestion Presented Did the state court's failure to appoint Did the state court's failure to appoint

counsel for Gideon violate his right to a counsel for Gideon violate his right to a fair trial and due process of law as fair trial and due process of law as protected by the Sixth and Fourteenth protected by the Sixth and Fourteenth Amendments?Amendments?

Conclusion Conclusion Yes. In a unanimous opinion, the Court Yes. In a unanimous opinion, the Court

ruled that Gideon had a right to be ruled that Gideon had a right to be represented by a court-appointed represented by a court-appointed attorney attorney

Brown v. Board of EducationBrown v. Board of Education

Facts of the CaseFacts of the Case Black children were denied admission to Black children were denied admission to

public schools attended by white children public schools attended by white children under laws requiring or permitting under laws requiring or permitting segregation according to race. segregation according to race.

Often, black children had to travel far to Often, black children had to travel far to get to their school. In Topeka, Kansas, a get to their school. In Topeka, Kansas, a black student named Linda Brown had to black student named Linda Brown had to walk through a dangerous railroad to get walk through a dangerous railroad to get to her all-black school. Her family to her all-black school. Her family believed that segregated schools should believed that segregated schools should bebe illegal illegal ..

Brown v. Board of EducationBrown v. Board of Education

Question PresentedQuestion Presented Does the segregation of children in Does the segregation of children in

public schools solely on the basis of public schools solely on the basis of race violate the equal protection clause race violate the equal protection clause of the 14of the 14thth Amendment? Amendment?

Conclusion Conclusion Yes. Segregation of schools is a Yes. Segregation of schools is a

violation of the Constitution and the violation of the Constitution and the segregated schools were not equal as segregated schools were not equal as Plessy v. Ferguson required.Plessy v. Ferguson required.

This court case overturned Plessy v. This court case overturned Plessy v. Ferguson and established that separate Ferguson and established that separate was unequal.was unequal.

Plessy v. FergusonPlessy v. Ferguson

Facts of the CaseFacts of the Case The state of Louisiana enacted a law The state of Louisiana enacted a law

that required separate railway cars for that required separate railway cars for blacks and whites. blacks and whites.

In 1892, Homer Adolph Plessy--who was In 1892, Homer Adolph Plessy--who was seven-eighths Caucasian--took a seat in seven-eighths Caucasian--took a seat in a "whites only" car of a Louisiana train. a "whites only" car of a Louisiana train.

He refused to move to the car reserved He refused to move to the car reserved for blacks and was arrested.for blacks and was arrested.

Plessy v. FergusonPlessy v. Ferguson

Question PresentedQuestion Presented Was Louisiana's law mandating racial Was Louisiana's law mandating racial

segregation on its trains unconstitutional and a segregation on its trains unconstitutional and a violation of the equal protection clause of the violation of the equal protection clause of the Fourteenth Amendment? (which says that the Fourteenth Amendment? (which says that the government must treat all people equally)government must treat all people equally)

CConclusiononclusion No. State law did not violate the Constitution No. State law did not violate the Constitution The Supreme Court established the concept of The Supreme Court established the concept of

separate-but-equal (segregation of public separate-but-equal (segregation of public facilities is legal as long as the facilities are facilities is legal as long as the facilities are equal)equal)

Gibbons v. OgdenGibbons v. Ogden

Facts of the CaseFacts of the Case In 1808, certain In 1808, certain

individuals were given individuals were given a license to operate a license to operate steamboats on the steamboats on the waterways of the state waterways of the state of New York.of New York.

This meant that only This meant that only their steamboats could their steamboats could operate on the operate on the waterways of New waterways of New York. York.

This monopoly was This monopoly was given to them by the given to them by the state of New York state of New York government.government.

This monopoly was This monopoly was very important very important because steamboats because steamboats carried both people carried both people and goods and was and goods and was very profitable.very profitable.

One individual, Aaron One individual, Aaron Ogden, operated steam Ogden, operated steam boats between New boats between New York and New Jersey.York and New Jersey.

Gibbons v. OgdenGibbons v. OgdenBackground ContinuedBackground Continued

Another man named Thomas Another man named Thomas Gibbons competed with Aaron Gibbons competed with Aaron Ogden on this same route between Ogden on this same route between New York and New Jersey. Gibbons New York and New Jersey. Gibbons did not have a state of New York did not have a state of New York license, but instead had a federal license, but instead had a federal (national) license. (national) license.

Gibbons v. OgdenGibbons v. Ogden

Question PresentedQuestion Presented Who had the right to issue a license to operate Who had the right to issue a license to operate

boats on this interstate waterway, the state of New boats on this interstate waterway, the state of New York or Congress (the national government)? York or Congress (the national government)?

Who had the power to regulate interstate Who had the power to regulate interstate commerce? (Interstate commerce is the buying commerce? (Interstate commerce is the buying and selling of goods across state borders. This is and selling of goods across state borders. This is different from different from intrastate commerceintrastate commerce, which is the , which is the buying and selling of goods within state borders. )buying and selling of goods within state borders. )

ConclusionConclusion The Federal government has the power over the The Federal government has the power over the

states to regulate interstate commerce. Federal states to regulate interstate commerce. Federal ferry licenses prevail over a State ferry Licenses as ferry licenses prevail over a State ferry Licenses as a result of the a result of the Supremacy ClauseSupremacy Clause. .