Supreme Court of the United States
The Supreme Court of the United States is America’s highest court. It has the power to strike down laws or actions that it believes go against the U.S. Constitution. That’s the document that lays out the basic rules of American government.
The Supreme Court has the final say on the meaning of the Constitution. Neither the U.S. Congress, nor the president, nor other American courts can go against its decisions. That makes Supreme Court decisions very important.
WHAT IS THE SUPREME COURT?
The Supreme Court is a federal court—a court of the national government. It’s the top court of the judicial branch, one of the three branches of the United States government. The other branches are the legislative branch, made up of Congress, and the executive branch, led by the president.
WHO IS ON THE SUPREME COURT?
Nine judges, called justices, make up the Supreme Court. One of the nine, called the chief justice, leads the group. Supreme Court justices are appointed by the president. The Senate, a part of Congress, must approve each choice. Sometimes, the Senate rejects a person picked by the president.
Once appointed, Supreme Court justices can keep their jobs for life. The justices meet in the U.S. Supreme Court Building, a majestic marble building in Washington, D.C. They wear black robes during court proceedings. Spectators can sit and watch during the proceedings.
WHAT DOES THE SUPREME COURT DO?
The Supreme Court’s main job is to tell lower courts and the other parts of government if they are following the rules of the Constitution. It does this by deciding legal disputes, or cases, that are brought before it. Before it decides a case, the Supreme Court hears (listens to) arguments from both sides of the dispute.
When the Supreme Court decides the meaning of a constitutional rule, all other courts across America must accept its decision. They must decide similar cases in the same way. This is how the Supreme Court helps make sure everyone follows the Constitution in the same way.
WHICH CASES ARE HEARD?
The Supreme Court hears cases that involve many of the most important issues facing the country. The court’s decisions have affected nearly every aspect of American life.
The Supreme Court justices decide for themselves which cases they will hear. They look at the legal questions raised by each case. They ask if the questions have deep importance for America as a whole. This is necessary because each Supreme Court decision affects many cases, not just one.
In all, more than 7,000 cases are brought before the Supreme Court each year. It hears fewer than 100 of them.
HOW ARE CASES DECIDED?
After the Supreme Court hears a case, the justices decide how they will vote on it. Cases are decided by majority vote. Usually, to get a majority, at least five justices must vote for the decision.
Once the vote is decided, a justice from the majority writes the court’s opinion (reasons for the decision). This is called the majority opinion. Sometimes, a justice who disagrees with the opinion will write a separate opinion, called a dissent.
WHO CAN OVERRULE THE SUPREME COURT?
A decision by the Supreme Court is given great respect. It can only be overruled, or overturned, by a constitutional amendment or by the Supreme Court itself.
In general, the Supreme Court tries to follow its previous decisions. But sometimes, if the court believes that an earlier decision was wrong or doesn’t fit well with present conditions, it will overrule an old decision.
One of the Supreme Court’s most famous decisions occurred in 1954, in a case called Brown v. Board of Education of Topeka. In that case, the court said it was unconstitutional for local governments to set up separate public schools for black and white children. In doing so, the court overruled a decision it had made 58 years earlier allowing separate schools.
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