Structure, Powers & Judicial Principles
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Graded Rationales Latest Updated 2026
what is the Supreme Court?
-highest court in the federal system
-article 3, section 1: 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.
-has final authority to interpret federal law (and big disputes between citizens of different
states)
-article 3, section 2 (limited jurisdiction)
-influenced by tradition (only 17 justices v. 45 presidents)
-composition of the court changes often
political assumptions the framers brought to the project of creating a new government
-greek concept of self-government ("demos"=people; "polis"=city state) and natural law
(Aristotle)
-roman concept of republican government (representative democracy)
-Locke and Montesquieu (social contract)
Declaration of Independence
-truths self-evident
-all men are created equal
-endowed by their Creator with certain unalienable Rights
-secure these rights, governments are instituted
Why is the Supreme Court simultaneously the least and most accessible branch of
government?
-the supreme court explains its actions through written opinions, and justices reach those
decisions through a process that involves open argument in court and intense media coverage
-one justice speaks and his or her colleagues may concur or dissent with the decision, also
publicly
-reaches decisions through highly confidential meetings, called conferences, in which the
justices discuss the cases before them out of public earshot (even clerks do not attend these
meetings)
,What benefits did the Framers intend by mixing secrecy with accessibility?
They meant the justices to be judges, not politicians subject to direct public pressure. The
justices serve during good behavior, a virtual grant of life tenure. The President appoints them
with the advice and consent of the Senate; they can be removed only through impeachment
by
the House of Representatives and conviction by the Senate for "Treason, Bribery, or other
high Crimes and Misdemeanors." Only one justice, Samuel Chase, has been impeached, but
the vote to convict him fell short of the needed two-thirds majority. They do not have to
stand for election. Their salaries cannot be diminished while they are in office.
What is the motto on the Supreme Court building?
Equal justice under law
According to Chief Justice Charles Evans Hughes, why is the U.S. Supreme Court unique in
nature?
the justices power to review acts of the other branches and, if necessary, overturn them
rule of law
concept that the nation should be governed by laws, not people
why did the framers establish a national judiciary?
wanted an independent judiciary capable of upholding standards of national law and
restraining what they believed were the excesses of popular government. (article 3)
original jurisdiction (limited)
-the power to hear cases in the first instance as a trial court
-article 3
appellate jurisdiction
the power to hear cases on appeal from other courts
who determines the number justices?
the constitution gives congress the power to determine
circuit riding
-circuit court duties include conducting trials, making the justices into republican teachers
who brought through their riding the authority of the federal government to the distant
,states
-exposed the justices to local political sentiments and legal practices
where has the Supreme Court held its court?
-first session was the Royal Exchange building in New York City
-city hall of Philadelphia
-in 1801 an unfurnished chamber on the first floor of the Capitol
-rented house on Capitol Hill and then back to the Capitol
-current home the marble temple since 1935 (Chief Justice William Howard Taft)
What does a petition for writ of certiorari ask the Supreme Court to do?
- "to make more certain"
-is meant to bring cases to the Court that will make the law more certain in areas where there
is conflict
-a petitioner comes to the Court and asks that the justices order a case to be heard
-it is discretionary, the Court is not required to issue it or hear a case from anyone
What did Justice Oliver Wendell Holmes mean when he described the law as a "magic
mirror"?
-reflected the assumptions, attitudes, and priorities of each generation
-the court can be though of as the hand holding and turning that mirror
On what day does the modern Supreme Court term start?
the first Monday in October
What do justices do at their conferences?
-they screen petitions, deliberate on cases that have been argued, and transact miscellaneous
business
-They do so in a paneled conference room to which they are
summoned by a buzzer
-Tradition requires that the justices exchange handshakes and then
take preassigned seats around a long table with the chief justice at one end and the senior
associate justice at the other end
-Once the door closes the conference begins and no other
person may enter
Why is the Chief Justice the first among equals at conferences?
, -presides over the conference
-directs the justices to consider the cert petitions that at least one of the justices considers
worthy
-one of their duties is to indicate to their colleagues why a particular petition should be
considered on its merits
During the first decade of the Court's existence, why did the judiciary seem like "the least
dangerous branch"?
the court had little business, frequent turnovers in personnel, no chambers or staff of its own,
and no clear institutional identity
What did Chief Justice John Marshall do to develop the Supreme Court's institutional
identity?
-sought to maintain harmony of the bench by ensuring that all justices roomed in the same
boarding house. he thus turned the disadvantage of transiency into strategic opportunity
-when discussing cases he would use the talks to achieve his overriding institutional goal of
unanimity
About what time period did the Supreme Court start the practice of circulating written draft
majority opinions before the opinions were released to the public?
began around the mid-20th century; specifically, significant development in this practice
occurred during the Chief Justiceship of Earl Warren (1953-1969), leading to a more
transparent and collaborative opinion writing process
About what time period did all the Supreme Court justices start working in the Marble
Temple?
during the Vinson court (1946-1953)
Justice Jackson
-parents were both school teachers
-Harvard for college and law school
-worked for justice Breyer as a clerk and later replaced Breyer
-Joe Biden appointed her for both the U.S. Court of Appeals for the D.C. circuit and the
supreme court
-first black woman to sit on the court
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