Article III and Supreme Court Term Review (Advanced)
National Constitution Center・2 minutes read
Curry Sutner highlights three key Supreme Court cases for 2023, while Tom Dunley leads an advanced class on the Court's history and Constitution. Notable justices, including Chief Justice John Roberts, are part of the current Supreme Court, overseeing decisions related to judicial review, Article 3 protections, and ongoing power struggles with Congress.
Insights
- The Supreme Court, led by Chief Justice John Roberts, consists of nine justices who interpret laws and exercise judicial review, ensuring judicial independence through life tenure and guaranteed salaries.
- Notable cases to watch in 2003 include Lori Smith's challenge against a Colorado law protecting LGBTQ individuals and disputes over President Obama's student loan forgiveness program, highlighting the ongoing power struggles between branches of government and the potential impact on anti-discrimination laws and presidential authority.
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Recent questions
What is the role of the Supreme Court?
The role of the Supreme Court includes interpreting laws and exercising judicial review. The Court reviews the constitutionality of government actions based on the Constitution's text and structure, ensuring they align with the law of the land.
How does the Supreme Court make decisions?
The Supreme Court receives thousands of petitions yearly but only selects around 60 to 70 cases of national importance. The decision-making process involves reading briefs, oral arguments, Friday conferences to vote on cases, and assigning opinions, with justices writing majority, dissenting, and concurring opinions.
Who are some notable Supreme Court justices?
Notable Supreme Court justices include Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson. Historical justices like John Marshall, Earl Warren, Hugo Black, and Sandra Day O'Connor are also recommended for study.
How does the Supreme Court ensure independence?
Judicial Independence ensures federal courts are free from control by other branches of government. Article 3 of The Constitution provides political insulation for federal judges through life tenure and guaranteed salaries, allowing judges to be removed only through impeachment.
What are some key cases to watch in 2003?
Three key cases highlighted for the year 2003 are "cases to watch." These cases are expected to have significant implications and are closely monitored for their outcomes and impact on legal precedents.
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Summary
00:00
"Supreme Court: Cases, History, Justices"
- Curry Sutner, Chief Learning Officer at the National Constitution Center, discusses the Supreme Court and upcoming cases.
- Three key cases for the year 2003 are highlighted as "cases to watch."
- Tom Dunley, Chief Content Officer at the National Constitution Center, leads the class on the history of the Supreme Court and the Constitution.
- The class is advanced, encouraging deep dives into final cases and questions.
- The current Supreme Court, known as the Roberts Court, consists of nine justices.
- Justices are arranged by seniority in the class photo, with Chief Justice John Roberts at the center.
- Notable justices include Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson.
- Historical Supreme Court justices like John Marshall, Earl Warren, Hugo Black, and Sandra Day O'Connor are recommended for study.
- The role of the Supreme Court includes interpreting laws and exercising judicial review.
- Judicial review, as seen in Marbury v. Madison, allows the Court to review the constitutionality of government actions based on the Constitution's text and structure.
14:01
Federal Judiciary: Independence, Power, and Decision-Making
- Judicial Independence ensures federal courts are free from control by other branches of government, unlike the Early American Colonial experience where judges served at the pleasure of the King and Parliament.
- Article 3 of The Constitution provides political insulation for federal judges through life tenure and guaranteed salaries, allowing judges to be removed only through impeachment.
- Congress holds significant power over the federal Judiciary, defining the size of the Supreme Court, the scope of its authority, and establishing other federal courts.
- Congress can limit the Supreme Court's jurisdiction and has authority over the establishment of district courts and courts of appeals.
- Historical conflicts between Congress and the Supreme Court, like during the New Deal era, highlight the ongoing power struggles between the branches of government.
- The Supreme Court's decision-making process involves receiving thousands of petitions yearly but only selecting around 60 to 70 cases, focusing on national importance and resolving circuit splits.
- Cases reach the Supreme Court through a process starting at district courts, then moving to courts of appeals before potentially being heard by the Supreme Court.
- The Supreme Court's decision-making process includes reading briefs, oral arguments, Friday conferences to vote on cases, and assigning opinions.
- Justices write majority, dissenting, and concurring opinions, engaging in an iterative process to strengthen arguments and address objections.
- Major opinions are typically released at the end of the Supreme Court term in June, with justices finalizing language and making any necessary changes before publication.
27:34
Legal Cases: Free Speech, Discrimination, Affirmative Action
- Lori Smith, a web designer and Christian, wants to expand her business to include wedding websites but refuses to make websites for same-sex couples due to her beliefs.
- Smith challenges a Colorado law protecting LGBTQ individuals from discrimination, arguing that it violates her First Amendment right to free speech by compelling her to create websites against her beliefs.
- She cites Supreme Court precedent against compelled speech and a 1995 decision (Hurley) to support her case, emphasizing the application of existing precedents rather than the creation of new laws.
- Smith argues that the Colorado law contradicts the First Amendment's text and history, while Colorado contends that it merely requires businesses serving the public to serve everyone.
- If Smith wins, it would set a precedent allowing businesses to refuse service based on race, sex, religion, or sexual orientation, potentially leading to harmful consequences by allowing exemptions to anti-discrimination laws.
- In another case involving Biden v. Nebraska and Department of Education v. Brown, challenges are raised against President Obama's student loan forgiveness program, questioning the President's authority to issue such a program under the Heroes Act.
- The challenges argue that the program exceeds the President's authority as per the text of the statute and the major questions Doctrine, while the U.S. government maintains that the program aligns with the statute's text and purpose to aid student borrowers during national emergencies.
- Lastly, a case involving Students for Fair Admissions against the University of North Carolina and Harvard questions whether the Supreme Court should overrule Grutter and prohibit institutions from considering race in admissions, with arguments for and against affirmative action based on diversity and constitutional interpretations.
