U.S Supreme Court Explained | What is the role of the U.S. Supreme Court? Judicial Branch Explained
Summary
Highlights
During the 1787 Constitutional Convention, delegates debated the separation of powers and conceived the idea of a national judiciary. The Supreme Court's general outline was sketched, with details later provided by the Judiciary Act of 1789, establishing it as the highest judicial court with a chief justice and five associate justices.
The court's power grew under Chief Justice John Marshall, who established judicial review, allowing the court to examine if laws contradict the Constitution. The size of the court has varied, starting with six justices and reaching up to ten, but has been fixed at nine since the Circuit Judges Act of 1869.
The President nominates Supreme Court justices, who then require confirmation by the Senate, a process that exemplifies checks and balances. The Constitution sets no qualifications for service, and the average time from nomination to Senate vote is 67 days.
Justices serve during 'good behavior,' meaning for life unless they are impeached, resign, or retire. This indefinite tenure makes the timing of vacancies unpredictable, though most presidents have had the opportunity to appoint at least one justice.
The Supreme Court receives about 7,000 petitions annually but only hears 100 to 120 cases. Cases are chosen if they have far-reaching implications, involve conflicting lower court decisions, or contradict previous Supreme Court rulings, following the 'rule of four' where four justices must agree to hear a case.
Hearings begin in October, with lawyers submitting briefs and presenting their cases in public. Justices privately discuss and debate cases to reach a conclusion, with each justice voting individually, and a simple majority determining the outcome.
When a decision is announced, individual opinions are revealed. A unanimous decision is rare due to the complexity of cases. Majority and dissenting opinions are prepared, with the majority opinion usually prepared by the senior justice.
The Supreme Court's power to implement decisions is limited, relying on the executive and legislative branches for enforcement. Despite this, justices often set policies that lead to significant social change, demonstrating their real power in the American political system.