Supreme Court Background
Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "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." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.
The Justices
Over the years, various Acts of Congress have altered the number of seats on the Supreme court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Like all federal judges, justices are appointed by the President and are confirmed by the Senate. They, typically, hold office for life. The salaries of the justices cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from the political branches of government.
The Court's Jurisdiction
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, i.e., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
Cases
When exercising its appellate jurisdiction, the Court, with a few exceptions, does not have to hear a case. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. In a petition for a writ of certiorari, a party asks the Court to review its case. The Supreme Court agrees to hear between about 100-150 of the more than 7,000 cases that it is asked to review each year.
Judicial Review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a legislative or executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). A suit was brought under this Act, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution.
Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment's passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
Role
The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities. In essence, it serves to ensure that the changing views of a majority do not undermine the fundamental values common to all Americans, i.e., freedom of speech, freedom of religion, and due process of law.
Impact
The decisions of the Supreme Court have an important impact on society at large, not just on lawyers and judges. The decisions of the Court have a profound impact on high school students. In fact, several landmark cases decided by the Court have involved students, e.g., Tinker v. Des Moines Independent School District (1969) held that students could not be punished for wearing black armbands to school to protest the Vietnam War. In the Tinker case, the Court held that "students do not shed their rights at the schoolhouse gate."
The following activities are designed to make students aware of the impact that the Supreme Court has on their lives and why they should care about the workings of the Court, and the justices who are appointed to it. See the summaries of 12 Landmark Supreme Court Cases Involving Students.
Activity #1
Student Justices: An Exercise in Impartiality
In preparation for this activity, teachers should direct students to do research on the list of
Landmark Supreme Court Cases Involving Students
When justices decide a case, they are not free to let their personal opinions affect the outcome. Rather, justices must put aside any personal biases and decide the case solely according to the law.
The students are organized into teams. Each team is assigned one case from the Landmark Supreme Court Cases Involving Students handout. The students on each team review the case collectively, and then each student is asked to make a list of any biases that he or she may have about the case or any facts about their lives that may affect their decision-making process. The students also compile a list of facts that they deem relevant to the case, and facts that they deem irrelevant. In preparation for this event, teachers should have their students research these cases.
After completing these lists, the students talk about the case, their biases, and what they consider relevant facts in the case. The purpose of this exercise is to provide students with a means for recognizing their own biases, especially when the requirements of the law conflict with their personal feelings about the issues.
Finally, group members state how they would vote on their particular case if they were justices on the Supreme Court. The student justices provide and discuss the reasons for their votes, including their opinions on how the issues in the case could have an impact on students.
Activity #2
Student Justices: An Exercise in Collegiality
All groups are assigned the same case from the "Landmark Supreme Court Cases About Students" handout. The groups use the same procedures used for Activity #1, e.g., list their biases, determine the relevant points of the case, and decide how they would rule on the case if they were justices. After coming to a consensus, one member of each team is selected as a spokesperson. The spokesperson presents to the large group the team's biases, relevant points upon which members based their opinions, the group's decision, and their reasoning. The number of groups voting for each party in the case is recorded. The party receiving the most votes wins its case.
Activity #3
Judicial Perspective
The host judge provides some background information about himself/herself and discusses the ways he/she deals with overcoming personal biases in order to follow the law. The judge then takes questions from the students.
Activity #4
Student Journalists and Pundits: An Exercise in Civil Discourse
Students divide into groups. Each group re-enacts a news interview program during which a panel discusses an assigned case from the "Landmark Supreme Court Cases About Students" handout. Each group selects a moderator. The remaining members of the group divide relatively evenly into two sides, one for each party to the case. Members of each side take on a certain role and present their arguments from the perspective of their assumed role, e.g., a lawyer, legal scholar, and/or a legal commentator. The moderator asks thought-provoking questions that the panelists debate. At some point, students in the audience also may ask questions when recognized by the moderator. Some questions that the moderator may consider to get the conversation started include the following:
Possible Discussion Questions
- How does this case have an impact on high school students? How do you think the students will react to the case? How is this case relevant today?
- What if the Court reached the opposite conclusion that it did in the case? How would such a decision affect students? Schools in general? Society at large?
- Who is in the best position to make decisions affecting school policy and discipline? The courts? School administrators? Teachers? Parents? Students? Combinations of these different groups?
- What do you see as the proper role of the Supreme Court in the life of high school students? In society at large?
- Do you feel that the Supreme Court has affected your life? If so, in what ways?
- Can you name any decisions/holdings of the Supreme Court that have had a significant impact on society? If so, how do you feel about these decisions?
- Do you think students should have the same rights as adults? Is it ever appropriate to limit students' rights during school hours? If so, under what circumstances?
- How much authority should schools have over students when they are off school property? For instance, should schools have the right to punish a student for material on the student's personal website that makes fun of a teacher? What if the website threatens a teacher and/or fellow student?
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