The Supreme Court

When first created, the Supreme Court was not considered as significant an arm of the government as the legislature and the executive branch. Although, since its inception, the Supreme Court has risen in prominence and now holds the finally say over the legality of laws passed by Congress and actions of the president. Indeed, the Chief Justice is now considered one of the most powerful individuals in the country, second only to the president. The court, however, comes from humble beginnings.

Article III of the Constitution establishes the Supreme Court and the power of Congress to set up lower courts, saying, “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.” This article also provides the Court original jurisdiction over cases in which a representative of a foreign government, a federal official, or a state is a party (Brief). The Supreme Court also holds appellate jurisdiction over many cases. One of the earliest chief justices, John Marshall, greatly expanded the power of the Court, although he reportedly had only six weeks of legal training. In 1801, in the landmark Marbury v. Madison case, Marshall established the principle of Judicial review, which empowers the court to review the constitutionality of any acts of Congress which come before the court. Most cases now heard by the Supreme court (Remy, 307-308).

Because the Court was originally not considered as important, early justices were forced to derive much of their income from riding their assigned circuits. Today, they earn salaries of $173,600, for associate justices, and $181,400, for the chief justice, and nomination to the court is considered a very high honor. Senate sets their salaries and once set cannot reduce them. To become a justice, one must be appointed by the president. When a spot opens on the Court, the Attorney General and the American Bar Association refer potential candidates to the president. Once he chooses a nominee, his appointment must be approved by a majority of Senate. Since the beginning of the twentieth century, presidents have received the support of Senate with most of their appointments.

Over the years the number of Supreme Court Justices has ranged from five to ten. Since 1869, the membership has stayed set at nine individuals. Two women and two African Americans only have served on the Court, and six have been born outside the US. William Howard Taft was the only person ever to serve as president and as the chief justice of the Supreme Court (Remy, 321-324). The court is presently composed of Associate Justices John Stevens, Antonin Scalia, Anthony M. Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, and Samuel A. Alito, and Chief Justice John G. Roberts (Brief).

The Constitution does not define the duties of justices. While thousands of cases are appealed to the court each year, the Court must choose a select few to hear and rule on which they feel are most relevant and will have the greatest impact. When a case comes before the court, the justices rule on it and issue both the Court’s opinion, written by a justice who votes with the majority, and a dissenting opinion, written by a justice who voted against the majority. Supporting opinions can also be issued by justices who support the decision of the Court but for reasons other than those cited in the Court’s opinion. Additionally, each justice is assigned one to two federal circuits they are in charge of. The Constitution states that Congress may impeach and convict justices for “treason, bribery, or other high crimes and misdemeanors.” However, only one justice, Samuel Chase, was ever impeached, and he was found innocent by Senate (Remy, 322-323).

When framing the Constitution, the founding father wrote rather ambiguously on the Judicial branch. In fact, the Supreme Court did not ever have its own building until 1935 (Remy, 318). However, since its beginning, the structure and power of the Supreme Court has expanded greatly. Now, the court is the final say in all matters of constitutionality that are appealed to it. There is no higher legal power in the United States. The Supreme Court has become an integral part in maintaining the balance of power so vital to the American democratic system.