EQUAL JUSTICE UNDER LAW

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EQUAL JUSTICE UNDER LAW

• The Supreme Court of the United States is the
  highest court in the United States of America.
• The Supreme Court is the only court established
  by the United States Constitution.

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CONSTITUTIONAL ORIGINE

• Article III, Section 1 of the Constitution.
• 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.

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BRIEF HISTORY OF THE SUPREME COURT

• Created and implemented in 1789 under the
  Judiciary Act of September 24, 1789.
• The first Chief Justice John Jay, nominated by
  the president George Washington.
• Organized on February 2, 1790 at New York for the
  first time.

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QUARTERS

• The Supreme Court meets in Washington, D.C., in
  the United States Supreme Court building.
• -space for the Courtroom, Justices' chambers, an
  extensive law library, various meeting spaces,
  and auxilliary services such as workshop, stores,
  cafeteria and a gymnasium.

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FUNCTIONS - JURISDICTION

• Original Jurisdiction
• According to the Constitution(Art.III, section
  2).
•  In all cases affecting Ambassadors, other
  public ministers and Consuls, and those in which
  a State shall be Party, the supreme Court shall
  have original Jurisdiction. 

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FUNCTIONS - JURISDICTION

• Judicial review
• Article III, section 2 goes on
• In all the other cases before mentioned, the
  supreme Court shall have appellate jurisdiction
  both as to Law and Fact, with such Exceptions,
  and under such Regulations as the Congress shall
  make.
• Guardian and interpreter of the Constitution

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APPEALS PROCESS FOR THE SUPREME COURT
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HOW JUSTICES ARE SELECTED

• Nomination by the President and senior White
  House Staff
• Confirmation by the Senate

• What factors determine the choice ?
• Presidents desire for ideological compatibility
• Senate acceptability
• Friends and acquaintances
• Age
• Religion
• Ethnicity
• Gender

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THE COURT AND ITS PROCEDURES

• a) Size of the Supreme Court
• 1 Chief Justice and 8 Associate Justices
• b) Terms
• From October to June
• Terms are divided between sittings and recesses
• c) Cases
• In most instances, the party must petition the
  Supreme Court
• for a writ of certiorari (review of a case).
• Certiorari is granted on the vote of four of the
  nine Justices.
• The Supreme Court normally only considers
  matters of
• national or constitutional importance.

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• d) Opinions of the Justices
• Majority opinion
• Concurring opinion
• Dissenting opinion
• Opinions are published in
• the United States Reports
• the U.S. Law Week
• Lexis and Westlaw

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EVOLUTION AND IMPACT THROUGH TIME

• The first years
• Marchal Court (1801-1835)
• -constitutional balance of power
• -Supreme Court as the supreme Arbiter
  of the Constitution
• -protection of property rights
• Tany Court (1836-1864)
• -States rights
• -defence of the confederates property rights
• Chase, Waite and Fuller Courts (1864-1910)
• -restriction of impact of the Civil Rights
  Act
• -support to unrestrained capitalism
• White and Taft Courts (1910-1930)
• -Application of the due process doctrine
• -Liberal influences

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EVOLUTION AND IMPACT THROUGH TIME

• Hugues Court (1930-1941)
• -doctrinal revolution
• -Supreme Court as support to federal
  governments authority
• -support of the New Deal
• Stone, Winson and Warren Court (1941-1960)
• -Civil liberties
• -fight against discrimination
• -separation of State and Church
• -active compliance to the Constitution
• Burger Court (1969-1986)
• -abortion as a constitutional right
• -death penalty
• Rehnquist Court (1986-2005)
• -abortion
• -limitation of the power of Congress

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POLITICAL ROLE

• Independence
• Power of control over the two other branches of
• Government
• We are not final because we are infallible, but
  we are infalible
• only because we are final.
• Justice Robert H. Jackson

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IMPORTANCE-INFLUENCE

• Examines important questions of american society
• NOMINATIONS
• Government choses people who could interpret
  their beliefs and
• political guideline.
• Chief Justice judge John Roberts
• Program of 2005-2006 hearings

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DEBATE
Do you think that the Supreme Court is
representative of the American society in its
composition?if not is this An obstacle to
democracy?In your opinion can the Supreme Court
really be independent