The United State Supreme Court - Coursework Example

The United Supreme Court The United s Supreme Court is the highest court of the American judicial system. The primary job of the Supreme Court is to render decisions on cases that are unconstitutional in nature, or have great bearing on the public. The decisions made by this court are irreversible by any lower court, and are considered a standard against which all other cases must be held. A decision by the Supreme Court is a decision not just on the particular case, by is setting a precedent for all other cases that are similar in content. The Supreme Court is made up of justices, nominated by the current president when a seat is vacated, and then voted in by the legislature. Once established on the court, the justice holds the position until they chose to vacate it, or until they pass away. There are nine justices on the Supreme Court. The current justices include: John G. Roberts Jr. (Chief Justice), John Paul Stevens, Anotin Scalia, Anthony M. Kennedy, David H.Souter, Clarence Thomas, Ruth Bader Ginsberg, Stephen G. Breyer, and Samuel A. Alito Jr. All justices have similar power, and work together to decide cases (unless a justice chooses to abstain from a case). Unlike lower courts, there is no jury, and there can be no appeals to the decision made by the Supreme Court. Any case the Court sees fit to hear, will come before them for full review. The cases reviewed by the Supreme Court are (in vast majority) cases that have already been heard by a lower court, and are there upon appeal. Any case rejected by the Supreme Court is unable to attempt further recourse, and the final decisions made by the lower court will stand. No case can be submitted twice to the Supreme Court. The court term is set from October the first, until October the first of the next year. While hundreds of thousands of cases are sent to the Supreme Court each year, they accept and rule on only around one hundred and fifty. However, over seven thousand cases are listed on their docket, meaning that most cases are rejected for review. This is a dramatic increase in the number of cases, as in 1945 they had only around fifteen hundred cases. Of the cases taken by the Supreme Court, Plenary (oral argument by attorneys) is only accepted in around one hundred cases. Any additional cases are reviewed based on previous court documents. Plenary argument allows each attorney thirty minutes in front of the court, to try and convince them of their argument. Formal written reviews are only released on around eighty-five cases a year, usually on cases that are believed to affect a large group, or may have long term political importance. Each two week period the Court hears around twenty four cases when they are sitting, and they do not hear cases during recesses. The Court alternates around every two weeks between sitting and recess. It is during recess that the Court makes its’ final decisions on all the cases that they have heard, and releases the opinion, along with any written opinions both strongly for and strongly against the verdict by the Justices. While the court is sitting, the Court is open to the public (for reviews) Monday through Wednesday. On Thursday and Friday, the justices argue the cases they have heard, and also review petitions for review, to choose the cases they will hear in the next several weeks. The next Monday they release an Order List, which includes all cases that have been accepted, or rejected for review by the Supreme Court. Each day is started with pomp and circumstance. The Court takes great pride in its’ traditions. The Justices enter the Court at 10:00 am, after having been announced by the Marshal, saying “The Honorable Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the Honorable Supreme Court of the United States are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!" (Oyez loosely means, to hear, and comes from Middle English). The Justices are then seated, with the Chief Justice in the center, and then according to seniority. The most senior Justice sits at the Chief’s left, then the next on his right, and so on for all eight Associate Justices. The Justices all shake hands, symbolizing that whatever differences they may have, they will not interfere with the legal proceedings within the court. The Justices wear robes of black, to recognize the seriousness of what they do. Behind them, and stamped on all official papers is the seal of the Supreme court, an eagle with a single star beneath it, symbolizing the creation of one Supreme Court of the United States. One of the most honored traditions in the placement of a single white quill on each attorney’s table, before court begins. While the tradition was once one of use (quills were used as pens for much of the early court) those quills are now used by the attorneys to show that they have argued in front of the Supreme Court, whether or not they won their case. While the term lasts from October to October, the justices rarely hear cases all year. By May or June, they are no longer hearing cases, but finishing giving opinions and announcing orders. The justices still meet during the summer, however, to review petitions for cases for the next year. While the job of the Justices is to find justice, it is also to interpret the Constitution of the United States, and how the Constitution demands the court to decide. In each decision, they must weigh whether or not the decision made was constitutional, and if it was, why, and if it was not, what is was in breach of. As each justice is placed on the Court by different presidents, they vary in political beliefs and favor. The constitution protects this variance by providing that their salary can not be diminished during their term. Of the current sitting Court, two were placed there by the current President (George W. Bush), two were placed by the previous President (Clinton), two by the previous President Bush, two (three until the recent retirement of Sandra Day O’Conner) by President Reagan, and one by President Ford. Most of the justices were previously lawyers and served on lower courts, until their nomination and approval for the highest court. No political lean (liberal or conservative) is listed in their biographies, as they are supposed to uphold the Constitution irregardless of what they feel, since the Constitution holds the final power over all decisions. The current court make up has seven men, and only one woman. This is of particular relevance due to Bushes replacement of O’Conner with a male, instead of a female as was expected. Current Chief Justice, John G. Roberts Jr, was appointed by President George W. Bush at the recent retirement and death of the previous Chief Justice. When a nomination is made, the new Justice takes the place of the old Justice, so he was automatically appointed as Chief. In rare cases, a Justice already upon the Court will be elevated to take place as Chief Justice. While each Justice arrived at the court differently, they all work together to decide each case. At times, the Court is considered to have a strong conservative, or a strong liberal bend, due in large part to the Presidents who nominate the Justices. While the Justices are expected to put aside any political feelings while they serve, it can not be denied that their own politics do have influence on what they believe and decide. However, no decision of the Supreme Court can be turned over by anyone other than the Supreme Court, so it is necessary to believe that the Justices share a common philosophy, and work to provide justice for all. The primary binding philosophy of the Supreme Court is written over the entrance to the Supreme Court building, “Equal Justice under Law.” The Court is supposed to work to ensure that no citizen is being denied constitutionally given rights, and that all cases they hear abide by the Constitution. They also ensure any laws they review (by case) are Constitutional. The Supreme Court, then, has nine justices, one Chief and eight associates. Each Justice serves for life, or until they so choose to retire. Their term lasts from October to October each year. The primary job of the Supreme Court is to uphold the Constitution of the United State of America, and ensure that no case brought in front of them violates the Constitution. There is no court higher, and the decisions can not be changed by any other court in the land, or by legislation. They are the ultimate tool of justice for citizens in the United States. References "About the Supreme Court." United States of America Supreme Court. 06 Mar 2006. United States Government. 08 May 2006 . Read More