Judicial Branch

A long history of justice

The word "judicial" is related to the words "judge," "judgment," and "justice." To be just means to be fair. For thousands of years, many cultures have stressed the importance of acting in a just way. One example is this verse from the Book of Deuteronomy in the Bible.

Justice, justice, shall you pursue.

In the United States, the judicial branch is made up of courts that determine what is just under the law. The Supreme Court is the highest court in the United States.

Read the passage from the United States 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.

–Article III, Section 1 of the U.S. Constitution

judicial power: the power to interpret and apply law

vested in: given to

inferior: lower

ordain and establish: create

Are there other courts?

Yes, there are state court systems, too! Most states have three levels of courts:

• trial courts that decide smaller cases

• appeals courts that decide trial court cases that may not have received a fair trial

• a state supreme court that hears cases from appeals courts

The state supreme court's decision is final when it is considering a matter of state law.

The Supreme Court has the power to interpret the Constitution.

The Supreme Court interprets the Constitution when it decides what the Constitution means. For example, it might decide whether a law goes against the Constitution, or is unconstitutional.

Are school uniforms constitutional?

It's not clear. The Supreme Court has not decided a case specifically about school uniforms. If the Court decided such a case, it might consider the words of the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

respecting: about

abridging: limiting

redress of grievances: setting right of wrongs

Some people believe that clothing is a form of speech, since people use clothing to express who they are. Some religions also require or prohibit certain clothing. How would you interpret the First Amendment when it comes to school uniforms? How do you think the Supreme Court would interpret it?

An appeal is a serious request. In the court system, the word appeal has a more specific meaning. Sometimes, people believe that a court case was handled unfairly. When that happens, the losing side can appeal to a higher court to consider its complaint.

When are decisions appealed?

Court cases can be appealed for many reasons, including these:

• The lawyer did not do her job in representing the losing side.

• The judge was biased, or unfairly favored one side.

• The trial was not conducted according to the correct rules.

What can happen with an appeal?

The higher court can accept or reject an appeal. In addition, the higher court may also remand, or return, a case to the lower court for a new trial.

Does the Supreme Court decide all filed cases?

No! The Court selects certain cases to decide. During 2014–2015, the Supreme Court decided only 150 cases. That's only two percent of cases filed!

The Court usually looks for cases that deal with interesting constitutional issues, when appeals courts have ruled against one another in similar cases, or when a decision is needed right away. Why do you think the Supreme Court chose to hear cases on these subjects in 2014–2015?

• same-sex marriage

• lethal injection to carry out the death penalty

• House redistricting plans

The Supreme Court is made up of a maximum of nine justices, or judges.

Do all nine justices have equal responsibility?

Every justice's vote counts equally, but one justice has additional responsibilities. The Chief Justice leads meetings of the Court and often decides which justice writes opinions explaining the Court's rulings.

Are there always nine justices on the Supreme Court?

No! For example, in 2016, Supreme Court Justice Antonin Scalia died, leaving a vacancy on the Court. Congress decided not to hold hearings on the president's nominee to replace Scalia. As a result, the Court had just eight members for the remainder of the Court's session.

In cases where justices split 4–4, the lower court ruling stood.

Cases heard by the Supreme Court are named for the two or more parties who oppose each other. A party can be either an individual or a group of people. The first party is the person or group who filed a petition with the Supreme Court, or who asked the Supreme Court to hear the case.

Using dolls as evidence at the Supreme Court

In the 1940s, psychologists Kenneth and Mamie Clark conducted a set of studies known as "the doll tests." In one of the tests, children were asked whether they preferred African American dolls or white dolls. Most children felt positively toward the white dolls and negatively toward the African American dolls.

These studies showed that African American children who faced discrimination and segregation often experienced low self-esteem.In addition, researchers found that segregation negatively impacted white children. Lawyers used these studies to argue against school segregation in Brown v. Board of Education.

When Supreme Court justices decide a case, they write opinions that explain how they interpreted laws to arrive at their decision.

Is there always a dissenting opinion?

No! Sometimes there is a unanimous opinion, or an opinion that all justices agree with.

For example, the justices unanimously decided United States v. Nixon because they wanted to send a strong message about the limits of presidential power. The Supreme Court ruling was one of the reasons that President Nixon resigned from office.

Justices often interpret the United States Constitution differently. Read the passage from the First Amendment.

Congress shall make no law . . . abridging the freedom of speech, or of the press.

abridging: cutting back

The First Amendment states that "freedom of speech, or of the press" cannot be taken away. In Hazelwood School District et al. v. Kuhlemeier, the Supreme Court ruled that school administrators could censor the work of student journalists. So, the majority opinion stated that the First Amendment did not apply to student journalists in the case. The dissenting opinion argued the reverse. The dissenting opinion said that the First Amendment did apply to student journalists in the case.

When deciding cases, justices often look to precedent, or previously decided court cases and opinions that can serve as a guide for interpreting the law.

Typically, important precedents have these characteristics:

• • They relate to important and timely issues.

  • They settle a topic where there's been disagreement.

  • They have a logical use of the law that can be applied in other cases.

"You have the right to remain silent."

In Miranda v. Arizona (1966), the Supreme Court established the rights that people have when they are questioned by the police. As a result of the ruling, the police must read suspects the "Miranda warnings," including these:

• the right to remain silent

• the right to an attorney

The Supreme Court decided Gideon v. Wainwright in 1963. The Court ruled that poor defendants in state criminal trials had the right to a lawyer. The case set an important new precedent.

A letter from prison

On January 5, 1962, Clarence Earl Gideon wrote a letter to the Supreme Court from his cell in a Florida prison. Gideon had been convicted of theft after the court refused to appoint an attorney for him. In his letter, Gideon asked the Supreme Court to hear his case. The Supreme Court agreed, and Gideon's case became Gideon v. Wainwright.

Gideon's letter set into motion a court case that changed the way the legal system worked. The Supreme Court ruled that poor defendants in state criminal trials had the right to a lawyer.

In 1963, Attorney General Robert F. Kennedy described the impact of Gideon's letter:

The whole course of American legal history has been changed.

An important role of the Supreme Court is judicial review, or the ability to declare acts of Congress constitutional or unconstitutional.

When was judicial review established?

Judicial review was not written into the Constitution.

The Supreme Court first struck down a law as unconstitutional in the 1803 case of Marbury v. Madison. From then on, judicial review has been part of the judicial branch's duties.

Who can become a Supreme Court justice?

Anyone! The Constitution does not list any special requirements for becoming a Supreme Court justice. The justice must be nominated by the president and approved by the Senate.

In recent decades, most Supreme Court justices have had long careers as lawyers, judges, and scholars before being nominated to the Supreme Court.

Supreme Court justices can be any race, religion, or gender. In 2009, Sonia Sotomayor became the first Latina justice. She is the third female justice to serve on the Court. In 1991, Clarence Thomas became the second African American man to serve on the Court.

Once confirmed to office, Supreme Court justices have lifetime appointments. In other words, they don't need to worry about being confirmed again. People disagree about whether lifetime appointments result in a more effective Court.

Is a lifetime appointment really for a lifetime?

Not necessarily. Justices don't have to serve on the Supreme Court until their deaths. In fact, some justices choose to retire. For example, Supreme Court Justice Sandra Day O'Connor retired in 2006.

Justices can also be removed from office. However, Congress has never removed a Supreme Court justice from office.

How to remove a federal judge

The Constitution states that federal judges must "hold their offices during good behavior." But what if a federal judge does something wrong?

The Constitution gives Congress the power to remove federal judges from office:

• • The House of Representatives can impeach a federal judge, or formally accuse her of a crime.

  • The Senate must convict the impeached federal judge in a trial.

The House of Representatives has impeached fifteen judges, eight of whom were convicted by the Senate. Another four were acquitted, and three resigned.

The president often has to make tough choices when deciding whom to nominate to the Supreme Court. There are no official qualifications nominees must meet, but presidents consider many factors to choose nominees they believe will be good Supreme Court justices.

A vote for president and for the Court

Supreme Court justices aren't elected by the people. However, the people elect the president, and the president nominates Supreme Court justices.

As a result, when they vote for president, many voters consider the type of justices that each candidate would nominate to the Supreme Court. After all, the Supreme Court makes decisions that impact the nation's laws and the everyday lives of Americans.