General characteristics of the Supreme Court*The most populous are the court system/judiciary where the most people interact with the government. -Both a legal and political institution -Legal aspects:-Has specific jurisdiction to hear disputes -Can only hear legal issues from cases brought specifically before it -Lifetime appointment of justices generates certain political institutions Article 1-relatively long article 3-short Political aspects:-each decision creates a broader policy Policy making in the court -specific dispute brought by litigants -court renders a decision for one litigant -interpretation of law or general policy statement generates implications for society Limitations to Policy Making -few decisions per year (Around 80)-exercise of judicial restraint and deference to other branches Judicial Activism -when the court inserts its own preferences over policy for those of another institution. Court that potentially has a lot of power. History of the Supreme Court -Docket History of the Court -1790-1865:issues of federalism -1865-1937:economic issues -1937-Today: civil libertiesSupreme Court procedure -Certiorari-approximately 8,000 petitions for a writ of certiorari every year The writ is order -takes four justices to grant certiorari -80 cases granted certiorari-some cases dismissed Oral Arguments -Each litigant receives 30 mins to present case -often interruputedInitial Conference -Justices meet behind closed doors to discuss the case-chief Justice speaks first, Associate justices speak in order ofseniority Final Decision *Every justice speaks with the majority opinion and then theybargain and compromiseMajoirty opinion –you need 5 justices to sign on but at least 6 of the justices have to be present to hear the case. If less than 5 justices sign on then it becomes a plurality opinion Concurring Opinions -regular concurrences-do not detract from precedent -special concurrences -argue against legal rationale in the majority opinion and can detract from the precedent -Precedent -past cases as legal reference Stare Decisisthe lower cases cant decide they ask what is the correct way to decide this. Judiciary Review originated in
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