SUPREME COURT ESTABLISHMENT, ORGANIZATION & OPERATION
The Supreme Court of the United States and the Chief Justice of the United States
included in the Constitution, nothing else, hence court system established by Congress.
Establishment of the federal court system
Judiciary Act of 1789
Requirement of Supreme Court justices ride circuit and hold court twice each
year for the first 101 years.
Establishment of U.S. Supreme Court Power
Judicial Independence
Chisholm v. Georgia (1793)
Appointment of Chief Justice John Marshall (1801)
Single Opinion of the Court
Judicial Conference (discussion/voting procedures)
Meaning of the vote (today), e.g., 9-0 . . . 5-4
Opinion writing
Publication in U.S. Reports
Marshall’s impact on the Court (1801-1835) (1,000 cases/500 opinions)
Doctrine of Judicial Independence [John Pickering Impeachment (1803)]
Judicial Review [Marbury v. Madison (1803)]
Doctrine of Judicial Sovereignty [Fletcher v. Peck (1810)]
Court System Structure
U.S. Supreme Court State Supreme courts
U.S. Circuit Courts of Appeals State Circuit courts
U.S. District Courts State District (trial) courts
Organization of the U.S. Supreme Court
October Term; oral argument; recess/case consideration; opinions rendered
Appointments to the U.S. Supreme Court and lesser federal courts
Formal process
Importance of U.S. Supreme Court and lesser court opinions
Current Supreme Court membership
U.S. Supreme Court consideration of cases
Original Jurisdiction (in the Constitution)
Appeal (i.e., hierarchy of courts)
Federal court declares state law unconstitutional
Federal court declares federal law unconstitutional
State court declares federal law unconstitutional
State court upholds state law that violates federal law
Writ of certiorari (1925; Rule of 4; transformed Supreme Court into a public
law court.