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13.4 The Supreme Court

3 min readjune 25, 2024

The , America's highest judicial body, wields immense power in shaping laws and society. With nine lifetime-appointed justices, it interprets the Constitution, resolves disputes between states, and can strike down laws deemed unconstitutional.

Cases reach the Court through a selective process, with justices choosing cases based on their significance and potential impact. The Court's decisions, from ending school segregation to legalizing same-sex marriage, have profoundly influenced American life and continue to shape the nation's legal landscape.

The Supreme Court

Composition and functions of Supreme Court

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  • Nine justices serve on the Supreme Court, including one and eight
  • President nominates justices, and the Senate confirms them through a hearing and vote process
  • Justices receive lifetime appointments to help ensure judicial independence from political pressures
  • Serves as the highest court in the federal judiciary, having the final say on legal matters
  • Holds the power of , allowing it to strike down laws and executive actions deemed unconstitutional ()
  • Interprets the meaning and application of the Constitution and federal laws
  • Resolves legal disputes between states, such as boundary or water rights issues
  • Hears appeals from lower federal courts and state courts on cases involving federal questions or constitutional issues

Supreme Court case selection process

  • Most cases reach the Supreme Court through a petition for a , a request for the Court to review a lower court's decision
  • Justices use the "," requiring at least four justices to agree to hear a case before granting certiorari
  • Justices consider several factors when deciding to grant certiorari:
    • Conflicting decisions among lower courts on the same legal issue
    • Significance and broad impact of the legal question presented
    • Constitutionality of a law or government action being challenged
  • Once a case is accepted, the Court follows a decision-making process:
    1. : Attorneys for each side present their case and answer questions from the justices
    • Interested parties may submit ("friend of the court") briefs to provide additional perspectives
    1. Conference: Justices privately discuss the case and take an initial vote on the outcome
    2. Opinion writing: The Chief Justice assigns the if in the majority; otherwise, the most senior justice in the majority assigns it
    • Majority opinion announces the Court's decision and explains its reasoning
    • written by justices who agree with the majority's conclusion but have different reasons
    • express disagreement with the majority's decision and rationale

Impact of Supreme Court decisions

  • Landmark cases have significantly shaped American law and society:
    • ended racial segregation in public schools
    • recognized a constitutional right to privacy and legalized abortion
    • legalized same-sex marriage nationwide
  • Supreme Court plays a crucial role in interpreting the Constitution to protect individual rights and liberties (freedom of speech, due process)
  • Court adapts the law to changing social, economic, and political conditions over time
  • Resolves controversial issues and provides legal guidance to lower courts for consistent application of the law
  • Justices' personal biases and ideologies can influence decisions, leading to concerns about judicial objectivity
  • Court decisions can be overturned by constitutional amendments or future Court rulings, demonstrating the evolving nature of legal interpretation
  • Debate persists over vs. , questioning the appropriate scope of the Court's power in shaping policy
  • : The Court's authority to hear and decide cases, which includes original jurisdiction for certain types of cases and appellate jurisdiction for others
  • : Prior court decisions that guide future rulings on similar issues
  • : The process by which the Court determines the meaning and application of the Constitution to specific cases
  • : The principle of adhering to precedent in making legal decisions, which promotes consistency and stability in the law
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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.

© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
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