Random
Amicus Curiae brief
Latin for “friend of the court”
Briefs filed by third parties to a case
It can be filed by the US or a state government, an organization or business, interest groups, etc.
Filed in nearly 100% of Supreme Court cases (average of 10 per case)
Must support one side of the case
Usually accepted either with the permission of the Court with mutual consent of both parties
Certiorari
Latin for “to make sure”
An appeal to the Supreme Court is known as a ‘petition for certiorari,’ or ‘cert.’
The Court ‘grants cert.’ when it agrees to hear a case, and ‘denies cert.’ when it declines to do so
Based on their clerks’ memos, the Justices vote on which petitions will be granted cert.
Rule of Four →at least four Justices must vote to grant cert. for a case to be heard
Roughly 70 cases are granted cert. every year
A denial of cert. means that the decision of the immediate lower court stands
Cert. Pool
Combined group of law clerks who read petitions for cert. and write memos for all the Justices
Rather than each Justice’s clerks preparing memos for every case, the clerks are ‘pooled’ together and divide all the cases
Court receives about 8,000 petitions for cert. each yearSeven Justices participate in the pool today –Justices Alito and Gorsuch do not
“Disorderly Conduct of Words”
A source of “unpredictability” in the law as defined by Carter & Burke
Words and phrases can have unclear or multiple meanings
What, for example, does the phrase “cruel and unusual punishment” actually referto? “Necessary and proper?” “Equal protection?” “Unreasonable search and seizure?”
Precedent
“Precedents” are rulings in previous cases that can instruct judges in similar cases
Can be “Unpredictable”
Judges determine which precedents do (or do not) apply by deciding whether the facts and/or question are similar enough
“Fact Freedom” is the judicial prerogative to select which precedents to utilize in a case
Precedents are not binding, and precedents do not determine case outcomes
Precedents can often be found on both sides of a dispute, so judges must weigh which is most applicable
Rule of Four
A minimum of our Supreme Court Justices (under the current nine-member Court) must vote to grant certiorari and review a case
This ensures that even cases not necessarily supported by a majority may be heard
Even a minority of sitting Justices (though a substantial minority) can vote to bring a case before the Court
Lochner v. New York (1905) & Significance
Bakeries in New York were unsafe and featured poor working conditions, and bakers worked long hours
New York state passed the Bakeshop Act of 1895, which imposed sanitation standards and limited work hours
Lochner was fined for having employees who worked more than the permitted 60 hours per week and sued the state
__________
Kicked off the “Lochner Era,”a time where the Court took a narrow view of state police powers and limited states’ abilities to regulate business
Solicitor General
The lawyer for the United States →represents the federal government before the Supreme Court
Files amicus curiae briefs on behalf of the federal government
Between 50-70% of petitions for cert. filed by the Solicitor General are granted (as compared to less than 1% filed by other parties)
Stare Decisis
Latin for “to stand by decisions”
Idea of court precedent–as a common law nation, judicial interpretations become law
A Supreme Court decision is guiding precedent that it, along with all inferior courts, should follow
A court can overturn its own precedent, but generally does so only if there is a strong reason
What are the Four Sources of US law?
Constitutional Law
→from the Constitution
Statutory Law
→made by legislative bodies
Administrative Law
→made by executive agencies (or the executive)
Common-Law
→made by judges
What percentage of cases does the US Supreme Court accept for review on average?
Each year, the Supreme Court receives roughly 8,000 petitions for certiorari. The Court grants cert., or accepts for review, about 70 cases each year
The Court accepts less than 1% of cases for review
What is judicial review and where does it come from? How does it make the Court powerful?
Marbury v. Madison(1803) established the principle of judicial review
Judicial review is the power of the courts to invalidate laws or executive actions that are deemed unconstitutional
This gives the Court the ultimate power to say what the constitution actually means
Why is opinion writing such a difficult and time-consuming task for the Supreme Court?
The opinion writing process is long and fluid
Justices can apply precedents in different ways (or not at all)
The Justice authoring the majority opinion must ensure that, in fact, a majority of his or her colleagues will sign on to it
Justices can change their minds and ‘switch sides’ during the process
what is the 5th amendment
amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, providing chiefly that no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously.
what is the 1st amendment
The First Amendment protects several basic freedoms in the United States including freedom of religion, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government. It was part of the Bill of Rights that was added to the Constitution on December 15, 1791.
Standing to Sue? Explain the 3 needs
1) Injury
2) Causation
3) Redressability
Cert Pool?
law screen cases that come to supreme court and recommend to the justices whihc cases should be heard, REVIEW PETITIONS( APPEALS)
what is the 4th amendment
The Fourth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. It protects people from unlawful searches and seizures. This means that the police can't search you or your house without a warrant or probable cause.
McCulloch v. Maryland
(1819) EXPLAIN THE SIGNIFICANCE AS WELL
•Congress created The Second Bank of the United States, a national bank
•The state of Maryland passed a law to tax the bank
•James McCulloch, a bank cashier in Baltimore, refused to pay the tax, and Maryland sued
SIGNIFICANCE
Endorses an expansive view of Congressional power under the ‘Necessary and Proper’ Clause
Defined ‘necessary’ as “appropriate and legitimate to completing the goals of actual enumerated powers”
So, if Congress justify its actions as ‘necessary’ to carrying out its constitutional duties, they are legitimate
ANDDDDD
Federalism!→solidified the balance of power between the federal government and the state governments
Because of the Supremacy Clause of the Constitution, federal law must override state law
Dred Scott v. Sandford
(1857)
Dred Scott was a slave in Missouri but resided in the free state of Illinois and the free territory of Wisconsin
Upon his return to Missouri, Scott sued in state court for his freedom, arguing his residency in free territories made him a free man
Scott lost in state court and brought a new suit (this one!) to federal court
what is the 3rd amendment
The Third Amendment was passed as part of the Bill of Rights. This amendment essentially states that if the United States is not at war, then it can't make people house soldiers. If the United States is at war, it can only make people house soldiers in the way that the government has already established.
Dred Scott v. Sandford
(1857)
significance
Negated by the Fourteenth Amendment to the Constitution in 1868
>All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
Significance of Marbury v Madison? 3 reasons
1. Established the principle of judicial review (or, the power to invalidate laws or executive actions that are deemed unconstitutional)
2.Solidified boundaries between executive and judicial branches
3.Court used judicial review with caution, and didn’t strike down another federal law until 1857 in the Dred Scott case
Marbury V Madison
Jefferson became president in 1800. Passes Judiciary Act of 1801, which created new courts, added more judges and gave the President more appointment power for judges. Adams began appointing new judges before the official end of his term.Adams began appointing new judges before the official end of his term.
what is the 7th amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law