The highest court in the government framework is the Supreme Court. It is the only court expressly established in the Constitution. The Supreme Court contains a Chief Justice and eight Associate Justices. The yearly term of the Supreme Court begins on the first Monday in October and commonly finishes in late June or early July.
Almost all cases go to the Supreme Court on appeal from a lower court. Most appeals reach the Court through a petition for a writ of certiorari. (Provine)
Paths to Supreme Court Review
There are three separate ways that cases can reach the Supreme Court. The first, and least common, is a case under the Court’s “original jurisdiction.” “Original jurisdiction” means that the Supreme Court hears the case directly, without the case going through an intermediate stage. The original jurisdiction is included in the United States Code. The Supreme Court has original and exclusive jurisdiction to hear disputes between various states, meaning that no other federal court can hear such a dispute.
The most common path for a case to reach the Supreme Court is through an appeal from a circuit court. A party seeking an appeal from a decision of a circuit court can file a petition with the Supreme Court for a writ of certiorari. “Certiorari” is a Latin word that means “to inform,” as in the petition informing the Court of the request for review.
Judicial Discretion and Certiorari
Unlike all other federal courts, the Supreme Court has the discretion to choose which cases it will hear. (Provine) The Supreme Court receives a large number of petitions for certiorari, but it issues a writ in only a small number of cases. The Court will generally issue a writ if four out of nine Justices vote to do so. Justices frequently consider the status of a particular case, and it is important to issue a final decision before choosing to grant certiorari. If four of nine Justices do not agree to grant certiorari, the petition is rejected. In that situation, a case is “denied cert,” and the decision of the lower court is final.
Appeals from State Supreme Courts
Another way in which a case may reach the Supreme Court is through an appeal from a state supreme court. Each state has its own supreme court, which is the final authority on state law. The Supreme Court will generally not review a state court’s decision on a matter of state law. However, the Court will grant certiorari in situations where the state court’s decision addresses constitutional issues.
Limits on Supreme Court Authority
The Court can only hear and make decisions on cases that come before it. Each case taken by the Court must present an actual legal dispute. Traditionally, the Court has declined to decide political questions. The Supreme Court must rely on the states, executive branches, and local authorities to follow the guidelines it establishes. If Congress is dissatisfied with a Court decision, it can pass a new law or amend a law that the Court has found to be unconstitutional.
Elements that influence Supreme Court choices include individual life experiences, precedents, and the judicial perspectives of the Justices.
Judicial Review and Checks and Balances
The Supreme Court may check Congress by declaring a law unconstitutional. (Bickel and Wellington) Judicial review is the ability to declare actions of the other two branches unconstitutional. This is a significant check. It is possible for the judicial branch to overturn a decision that has been approved by Congress and signed by the president.
The Supreme Court’s decisions are the highest law of the land. However, our national government is divided into the legislative, executive, and judicial branches to ensure that no branch is more powerful than the others. Each branch has checks and balances on the other two branches.
Separation of Powers in Practice
The legislative, executive, and judicial branches check each other’s powers to keep the government in balance. The divisions could be described as the three equal sides of a triangle. No one branch of government can become excessively powerful and misuse its authority. The Legislative Branch, for instance, keeps an eye on the Executive Branch because it can impeach and remove the President from office. It can also regulate the scope of the federal court system in the Judicial Branch.
The Executive Branch can veto bills that Congress passes, and it can nominate federal judges for the Judicial Branch. The Judicial Branch can declare any action by the Legislative and Executive Branches unconstitutional. This framework was established when the United States was formed. None of the men who wrote the Constitution wanted tyranny to occur in the American government. The laws they established in those days are still being applied today. Checks and balances help prevent tyranny and keep the government in balance.
Works Cited
Bickel, Alexander M., and Harry H. Wellington. “Legislative Purpose and the Judicial Process: The Lincoln Mills Case.” Harvard Law Review (1957): 1-39.
Spriggs, James F., and Paul J. Wahlbeck. “Amicus curiae and the role of information at the Supreme Court.” Political Research Quarterly 50.2 (1997): 365-386.
Provine, Doris Marie. Case Selection in the United States Supreme Court. University of Chicago Press, 1980.
Alt, James E., and David D. Lassen. “Political and judicial checks on corruption: Evidence from American state governments.” Economics & Politics 20.1 (2008): 33-61.
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