The Supreme Court of the United States - Essay Example

Comprehensive Discussions The supreme court of the United s is the top most court of the federal court system. The Supreme Court comprises of a chief justice and nine judges who are known as justices. All these judges are presided over by the chief justice. The US Supreme Court is located at Washington D.C. those who are not satisfied with the US circuit courts and US district courts can appeal to the US Supreme Court. This process is mainly done through a legal process which is commonly known as “Petition for a writ of Certiorari”. The Supreme Court decides to accept such cases. Every year the US Supreme Court takes up 100 to 150 cases for argument. Four justices must give their consent for hearing the case. The US Supreme Court is primarily an appellate court having jurisdiction over ambassadors as well as two or more states (Understanding Federal and State Courts). The Supreme Court has a chief justice as well as associate justices whose numbers are fixed by the American congress. The present number of associate justices is presently eight. The president of the US has the power to nominate the justices and their appointments are sanctioned according to the advices and consent of the senate. Article III, §1, of the Constitution further provides that the Judges of both Supreme and inferior Courts, shall hold their Offices during good Behavior, and Shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Article III, §1 of the constitution provides that the legal power of the United states shall be vested in only one supreme court as well as in such inferior courts as the congress may from time to time proclaim and institutes. Article. III, §2 states that the legal power shall be extended to all cases under the constitution to the US supreme court. It includes cases affecting ambassadors, public ministers, consuls, cases of admiralty and maritime jurisdictions, cases between two or more states, cases involving state and citizens of another state and of the same state, foreign states etc. In cases involving ambassadors and other public ministers, consuls, states, the US Supreme Court has the ultimate jurisdiction. In other cases the Supreme Court has appellate jurisdiction. The appellate jurisdiction has been given to the US Supreme Court by various statutes in the constitution. The basic statute which defines the judicial power is found in 28 U. S. C. §1251 et seq. The US congress from time to time gives powers to the US supreme court to prescribe rules of procedure that is to be followed by the lower courts as well (28 U. S. C. §2071 et seq). The working time of the Supreme Court is from Monday to Friday 9am to 4.30 pm. It is closed on Saturdays and Sundays as well as in other legal holidays. The clerk’s office is open from 9am to 5pm. The library can be accessed by the members of the bar, attorneys, and the congress. The normal functioning year of the US Supreme Court is from first Monday in October to the first Monday in October next year. Approximately 10000 cases are filed every year apart from 1200 applications of different types that are filed can be attended by a single justice (A Brief Overview of the Supreme Court). The supreme court of the United States is the court of the last resort. Cases can be appealed to the state supreme courts and federal appellate courts, no appeal can be made to the decisions of the US Supreme Court. In every year the US Supreme Court receive nearly thousands of requests to have the high court hear specific cases. These requests are known as writs of certiorari. The clerks under the justices scrutinize each and every request and submit a cert memo to the justices. The memos are reviewed by the justices and they hold a conference to decide which of these legal cases must go on the court’s docket. Deciding on the hearings of the cases accepted by the Supreme Court is vested under the discretion of the four justices; they are the ultimate voices to determine which cases should be heard. An order stating the acceptance to hear will be sent to the petitioner if the case is accepted by the justices to hear. Similarly cert is also granted to cases which have far reaching interests and issues by the justices. The Supreme Court may desire to hear a case and issue its judgment so that it can offer guidance to the lower level judges all through the state who have the same issues come through their court rooms on a daily basis.Cert is also granted when there is conflict between appellate courts in interpreting the rule of law. Here the Supreme Court issues correct interpretations (How does the US Supreme Court decide which cases it will hear? 2006). Under article III of the US constitution, the Supreme Court is the highest judicial authority in the US. Although the US Supreme Court is the final judicial authority in the US, it is not necessarily the last legal or political authority in the political system. There is no appeal systems for Supreme Court decisions but disputes can be proceeded to other government branches after the verdict by the Supreme Court. The congress and the state legislatures have absolute powers to alter or cancel out the rulings made by the Supreme Court that involves statutory interpretation by amending or clarifying statutes (U.S. Supreme Court). The supreme court of the United States is regarded often as the highest legal body that can define and interpret the law of the land. To view the court just as a legal establishment, however underestimates its significance. The Supreme Court has powers to decide cases on national policy. Therefore the court must be regarded as a political institution that solves disagreements in the society in accordance with the countries constitution. Although the Supreme Court decides on societal problems, it cannot be interpreted that it catalyzes a social change. Rather it follows the government opinion in such matters thereby following the national policies. The US Supreme Court has given landmark verdicts based on societal legal challenges. Prominent among them is the court case of Marbury vs Madison in the year 1803. This verdict established the power of judicial review that would enable the Supreme Court to be final interpreter of the national constitution. In this context it is worth to note that the US Supreme Court cannot use its power of judicial review unless or until it gets a case from the society. Challenges towards the social policy should come from individuals and not from the Supreme Court. In other case titled Gideon vs Wainright (1963), the ruling of the court was that the needy defendants who were charged with crime are eligible to avail the services of a lawyer which is paid for by the government as it is indicated in the sixth amendment (Berenji. 2008). In another famous case titled Nebraska press association vs Stuart, regarding rights of free press and fair trials, the Supreme Court issued a landmark decision in the year 1975. This decision is regarded as one of the most closely followed verdicts in the history of the American constitution. Prior to this decision the media was prohibited from publishing certain matters of the crime and case publicly (Scherer). In another case named Yount vs Patton in 1984, the party was found guilty in the first trial. However appeal was made to the Supreme Court and he was not found guilty in the second occasion. In this occasion the Supreme Court opined that publicity might have been a problem during the first trial but the parties’ conviction during the second trial was found acceptable (Standler.2003). In Another case of Ross vs Oklahoma in 1988, the petitioner was charged with murder. The Oklahoma law provides both parties in capital trials with nine authoritative challenges to potential jurors. The trial court deprived of petitioners motion to remove for cause prospective juror Huling, who had said that he would vote to inflict death involuntarily if the jury found petitioner culpable. The defense exercised one of its authoritative challenges to remove him. Although the defense used all nine of its challenges, it did not challenge for cause any of the 12 jurors who actually heard the case. At the close of jury selection, the trial court overruled the objection of petitioner, who was a black colored person; all white jury denied him fair and impartial trial by his peers. The jury found petitioner guilty and sentenced him to death. The Oklahoma Court confirmed the decision (U.S. Supreme Court). In its land mark decision, in the case Batson vs Kentucky, the US Supreme Court introduced a test that would enable the prosecutors to prove racial discrimination in the field of jury selection. A lawyer should prove a supposition of discrimination when there is suspicion that a juror was removed on impermissible grounds (Johnson, Jay Shawn v. California). According to the fourth amendment of the US constitution, no search or seizure shall be carried out without a warrant. This is regarded as a wonderful right of the citizens. But in real this is always not possible. The Supreme Court over the years has provided several exceptions towards the requirement of warrants. The exceptions are in the area of searches with consent, frisk, plain feel or plain view, incident to arrest, automobile exceptions, exigent circumstances and open fields, abandoned property and public places exceptions. There is no necessity for a warrant when the search is made on the consent given by the concerned party. Similarly the consent can be withdrawn any time. The consent to search the property should be given by the actual owner of the property or the owners who share the property. However, only common property can be searched. Privately held areas cannot be searched under this exception (Glenn. 2007). In the case between Minnesota vs Dickerson, the Supreme Court adopted a plain touch policy which stated that the police personnel can take up or seize evidence from person during pat down upon the condition that pat down is illegal. The item seized is illegal and the officer has legal access to it. However the court made exceptions in this verdict regarding warrant exception (Fourth Amendment). Abandoned property is defined as any property which has been deserted by the owner. The owner does not have any expectation regarding privacy of the property. This is possible when a property is left unsecured in a public place. The abandoned property is accessible to the police. This rule was upheld by the supreme court in the case between California vs Green wood (Belling. 2005). Reference: A Brief Overview of the Supreme Court. (online). Available:http://www.supremecourtus.gov/about/briefoverview.pdf. Accessed on January 11, 2009. Belling. T. 2005. Search Warrant Exceptions. (online). Available:http://webpages.charter.net/caselaw4cops/articles/exceptions.htm#s9. Accessed on January 11, 2009. Berenji. S. The US Supreme Court : A "Follower, not a Leader" of Social Change. 2008. Vol 3 Num 1. (online). Available:http://www.lurj.org/article.php/vol3n1/supreme.xml. Accessed on January 11, 2009. Fourth Amendment - the plain touch exception to the warrant requirement. (online). Available:http://www.highbeam.com/doc/1G1-15710038.html. Accessed on January 11, 2009. Glenn. F. 2007. Exceptions to the warrant requirement of the fourth amendment.(online). Available:http://www.associatedcontent.com/article/359232/exceptions_to_the_warrant_requirement.html. Accessed on January 11, 2009. How does the US Supreme Court decide which cases it will hear? 2006..(online). Available:http://ask.metafilter.com/37272/how-does-the-US-supreme-court-decide-which-cases-it-will-hear. Accessed on January 11, 2009. Johnson, Jay Shawn v. California (06/13/2005).(online). Available:http://otd.oyez.org/cases/2004/johnson-jay-shawn-v-california-06132005. Accessed on January 11, 2009. Scherer.M.R. Rights in the Balance. (online). Available:http://www.ttup.ttu.edu/BookPages/9780896726260.html. Accessed on January 11, 2009. Standler.R.B. 2003. US court opinions on publicity and fair criminal trials.(online). Available:http://www.rbs2.com/pretrial2.pdf. Accessed on January 11, 2009. Understanding Federal and State Courts. (online). Available:http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm. Accessed on January 11, 2009. U.S. Supreme Court. (online). Available:http://www.answers.com/topic/supreme-court-of-the-united-states. Accessed on January 11, 2009. U.S. Supreme Court. (online). Available:http://supreme.justia.com/us/487/81/case.html. Accessed on January 11, 2009. Read More