What is the Supreme Court in simple terms?
The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States.
How does the Supreme Court explain to children?
A supreme court is usually the highest court in a country. This court can make decisions about laws and can often change decisions made by other courts. This means that it is usually also the most powerful court in the country. (Source: Joe Ravi, from Wikimedia Commons.)
How many Justices are on the Supreme Court?
Nine JusticesThe Supreme Court as composed June 30, 2022 to present. Nine Justices make up the current Supreme Court: one Chief Justice and eight Associate Justices. The Honorable John G. Roberts, Jr., is the 17th Chief Justice of the United States, and there have been 104 Associate Justices in the Court's history.
How does Supreme Court decide which cases to hear?
Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.
What has the court said about the Constitution and parents what does it mean for children?
More recently, this Court declared in Washington v. Glucksberg, 521 U.S. 702 (1997), that the Constitution, and specifically the Due Process Clause of the Fourteenth Amendment, protects the fundamental right of parents to direct the care, upbringing, and education of their children. Id. at 720.
What did the Supreme Court decide about children's rights?
The U.S. Supreme Court and federal court rulings highlighted below recognize parents' constitutional rights to the care, custody, and control of their children. See Guggenheim's chapter for analysis of these and other cases, as well as an overview of child protection laws and how they affect parental rights.
How are Supreme Court justices appointed for kids?
How are Supreme Court Justices selected? The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.
What does the judicial branch do for kids?
The judicial branch makes sure that laws are followed correctly. It consists of the Supreme Court and 13 circuit courts. The Supreme Court is the highest (most important) court.
What is the power of the Supreme Court?
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution , is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
Why is the Supreme Court important?
First, as the highest court in the land, it is the court of last resort for those looking for justice. Second , due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.
What is the Supreme Court's jurisdiction?
The Court's Jurisdiction. Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court . The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.
How many justices were in the Supreme Court?
Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.
Why did Tinker v Des Moines not punish students for wearing black armbands?
Des Moines Independent School District (1969) held that students could not be punished for wearing black armbands to school to protest the Vietnam War.
Which case established the doctrine of mandamus?
The Court established this doctrine in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus ...
Which article of the Constitution establishes the federal judiciary?
Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.".
Which branch of government has the power to undo the decisions of lower courts?
The other branches are the executive branch (the president) and the legislative branch (Congress). The Supreme Court has the power to undo the decisions of lower courts. It also has the power to overturn laws that do not agree with the U.S. Constitution. Supreme Court decisions affect many people’s lives.
What is the highest court in the United States?
Introduction. The highest court in the United States is the Supreme Court. It is the head of the judicial branch of the U.S. government. The judicial branch is one of the three government divisions set up by the U.S. Constitution. The other branches are the executive branch (the president) and the legislative branch (Congress).
What is the term for a statement that a judge makes to explain a decision?
One justice writes a statement called an opinion to explain the decision. Justices who disagree with the decision can write their own opinions, which are called dissenting opinions. The government publishes all opinions. Judges on lower courts use them to decide other cases.
How many judges are on the Supreme Court?
The nine judges on the Supreme Court are called justices. One is the chief justice. The others are associate justices. The president of the United States appoints justices, but the Senate must approve them. Once approved, a justice serves until death or retirement.
When was judicial review first used?
This power, called judicial review, is not mentioned in the Constitution. The Court first used judicial review in 1803, in a case called Marbury vs. Madison. A Supreme Court decision may be reversed by amending, or changing, the Constitution. For example, the 16th Amendment made income taxes legal in 1913.
Do justices ask questions?
Justices often ask them questions. But there are no witnesses, and there is no jury. After hearing the case, the justices meet in private to make a decision. A majority of the justices must agree before the Court can make its decision. One justice writes a statement called an opinion to explain the decision.
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Overview
This fun and easy guide demystifies the federal court system by describing what kinds of cases the justices hear, outlining how cases reach the Supreme Court, clarifying legal terms, and explaining how the Court arrives at its decisions.
About the Author
Lisa Paddock, PhD, LLB, formerly a professor of English, is a lawyer and freelance journalist who specializes in intellectual property.
Supreme Court Background
The Justices
- Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Like all federal judges, justices are appointed by the President and are confirme…
The Court's Jurisdiction
- Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appe…
Cases
- When exercising its appellate jurisdiction, the Court, with a few exceptions, does not have to hear a case. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. In a petition for a writ of certiorari, a party asks the Court to review its case. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.
Judicial Review
- The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the sup…
Role
- The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Th...
Impact
- The decisions of the Supreme Court have an important impact on society at large, not just on lawyers and judges. The decisions of the Court have a profound impact on high school students. In fact, several landmark cases decided by the Court have involved students, e.g., Tinker v. Des Moines Independent School District (1969) held that students could not be punished for wearin…