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The Supreme Court
The structure of the federal courts
• According to the constitution, the Supreme Court was to be the only federal
court
• Judiciary Act of 1789 passed by Congress, set up a system of lower federal
courts
‣ Below the Supreme Court are 13 Courts of Appeal (Circuit Courts)
‣ Below those are 94 trial courts, known as District Courts
• Supreme Court only hears cases that are constitutionally signifcant
‣ The Court rejects over 96% of cases
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Membership of the Supreme Court
• Nine members of the court – one chief justice & 8 associate justices
• Appointed by the president & confrmed by a simple majority vote in Senate
• Once appointed & confrmed, they hold the ofce for life – can be impeached
‣ No justice has been impeached – Fortes resigned in 1968 to avoid
impeachment
Justice Date appointed President appointing
Chief Justice
Roberts 2005 George W. Bush (R)
Associate Justices
Kennedy 1988 Ronald Reagan (R)
Thomas 1991 George H. W. Bush (R)
Ginsburg 1993 Bill Clinton (D)
Breyer 1994 Bill Clinton (D)
Alito 2006 George W. Bush (R)
Sotomayor 2009 Barack Obama (D)
Kagan 2010 Barack Obama (D)
Gorsuch 2017 Donald Trump (R)
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Philosophy of the justices
• Presidents appoint justices who share their judicial philosophy
• Strict constructionists (conservatives)
• Interpret the Constitution in a strict, literal fashion, to avoid fnding hidden
meanings in it & stress the retention of power state governments
• See the constitution as a ‘dead document’
‣ Usually appointed by Republican presidents – Roberts, Thomas, Alito,
Gorsuch
• Believe constitutional principles are fied, not evolving
‣ Obergefell v. Hodges (2015)
Loose constructionists (liberals)
• Interpret the Constitution in a loose fashion, to ensure that it stays relevant
today & stress the broad grants of power to the federal government
• See the constitution as a ‘living document’
The Supreme Court
The structure of the federal courts
• According to the constitution, the Supreme Court was to be the only federal
court
• Judiciary Act of 1789 passed by Congress, set up a system of lower federal
courts
‣ Below the Supreme Court are 13 Courts of Appeal (Circuit Courts)
‣ Below those are 94 trial courts, known as District Courts
• Supreme Court only hears cases that are constitutionally signifcant
‣ The Court rejects over 96% of cases
============================================
============
Membership of the Supreme Court
• Nine members of the court – one chief justice & 8 associate justices
• Appointed by the president & confrmed by a simple majority vote in Senate
• Once appointed & confrmed, they hold the ofce for life – can be impeached
‣ No justice has been impeached – Fortes resigned in 1968 to avoid
impeachment
Justice Date appointed President appointing
Chief Justice
Roberts 2005 George W. Bush (R)
Associate Justices
Kennedy 1988 Ronald Reagan (R)
Thomas 1991 George H. W. Bush (R)
Ginsburg 1993 Bill Clinton (D)
Breyer 1994 Bill Clinton (D)
Alito 2006 George W. Bush (R)
Sotomayor 2009 Barack Obama (D)
Kagan 2010 Barack Obama (D)
Gorsuch 2017 Donald Trump (R)
============================================
============
Philosophy of the justices
• Presidents appoint justices who share their judicial philosophy
• Strict constructionists (conservatives)
• Interpret the Constitution in a strict, literal fashion, to avoid fnding hidden
meanings in it & stress the retention of power state governments
• See the constitution as a ‘dead document’
‣ Usually appointed by Republican presidents – Roberts, Thomas, Alito,
Gorsuch
• Believe constitutional principles are fied, not evolving
‣ Obergefell v. Hodges (2015)
Loose constructionists (liberals)
• Interpret the Constitution in a loose fashion, to ensure that it stays relevant
today & stress the broad grants of power to the federal government
• See the constitution as a ‘living document’
