The Judicial Branch interprets the meaning of the laws, applies laws in lawsuits or criminal cases, and decides whether laws or governmental actions violate the constitution.
Supreme Court
The United States Supreme Court
The US Supreme Court, located in Washington, DC, currently has nine members, although the number of justices has changed over the country’s history. It is the “court of last resort” for judicial issues in the US.
Justices are nominated by the President and confirmed by the Senate.
The court does not hear every case filed with it. The justices determine which cases to hear through a process called the writ of certiorari. If the court declines to hear a case, or reaches a tie, the lower court decision stands. This does not mean the US Supreme Court agrees with the lower court.
Justices serve for life, unless impeached.
From Lumen Learning.
Cases may come to the US Supreme Court from the state court system if a federal issue is involved. They also may be appealed from the intermediate federal appellate courts, called Circuit Courts. The court only accepts a tiny fraction of the cases it is asked to hear each year.
The Justices
The current justices of the Supreme Court are:
Web Resources
- Supreme Court Homepage
- Opinions
- Filings
- Oral Arguments
- Case Documents
- Oyez
- Justia – the primary mission of Justia is to make legal materials and resources free and easy to find on the internet. Through the Justia legal portal, the site provides users with free case law, codes, regulations, consumer-friendly legal articles and question-answer forums, and a lawyer.
- Legal Information Institute – from Cornell Law School
- SCOTUS Blog
Lower Courts
The Circuit Courts
The Constitution gave Congress the ability to establish other lower courts to help the US Supreme Court handle the judicial case load. The intermediate appellate courts, below the US Supreme Court, are known as Circuit Courts.
From USCourts.gov
Cases may be appealed to a Circuit Court after a District Court has made a final decision. Some cases are first heard by a panel consisting of three judges. In rare cases, the case may then be reviewed by all the judges in the Circuit, called an en banc hearing.
If the losing party is unsatisfied with the Circuit Court’s decision, they can appeal to the US Supreme Court, although the US Supreme Court has discretion regarding whether to hear the case.
There are some specialized federal courts that only hear certain types of cases.
The Constitution gave Congress the ability to establish other lower courts to help the US Supreme Court handle the judicial case load. The trial courts of the federal court system are known as District Courts.
Judicial Confirmations
The President nominates potential justices when a vacancy arises on a federal court. The Senate Judiciary Committee reviews the record of the nominee and holds hearings, then votes whether to forward the nominee to the full Senate.
The full Senate then debates the nomination, then votes whether to end the debate. If the debate is successfully ended, the Senate votes to confirm. A simple majority is required to confirm.
To research Senate documents, see the tab on the Legislature or visit our Government Documents Guide.
Research Resources
Databases
- Political Science
- JSTOR
- Humanities & Social Sciences Index Retrospective
- Opposing Viewpoints
- Social Science Database (ProQuest)
You may also wish to check out our Newspapers page.
eBooks
- Advice & Dissent: The Struggle to Shape the Federal Judiciary – by Sarah A Binder and Forrest Maltzman
- Antitrust and the Supreme Court – by David Ramsey
- The Authentic Constitution: An Originalist View of America’s Legacy – by Arthur E Palumbo
- From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality – by Michael J Klarman
- Justin Takes a Recess: Judicial Recess Appointments from George Washington to George W. Bush – by Scott E Graves and Robert M Howard
- The Myth of Judicial Activism: Making Sense of Supreme Court Decisions – by Kermit Roosevelt
- The Supreme Court and McCarthy-Era Repression: One Hundred Decisions – by Robert M Lichtman
- The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt – by William E Leuchtenburg
Confirmation Hearings
- Confirmation hearing on the nomination of John G. Roberts, Jr. to be Chief Justice of the United States : hearing by Senate. Call Number: Main Campus Library GovDocs MicroficheY 4.J 89/2:S.HRG.109-158
- Confirmation hearing on the nomination of Hon. Neil M. Gorsuch to be an Associate Justice of the Supreme Court of the United States : hearing by Senate
- The nomination of Elena Kagan to be an associate justice of the Supreme Court of the United States : hearing by Senate
- Confirmation hearing on the nomination of Hon. Sonia Sotomayor, to be an associate justice of the Supreme Court of the United States : hearing by Senate
- Confirmation hearing on the nomination of Samuel A. Alito, Jr., to be an associate justice of the Supreme Court of the United States : hearing by Senate
- Nomination of Stephen G. Breyer to be an associate justice of the Supreme Court of the United States : hearings by Senate. Call Number: Main Campus Library GovDocs MicroficheY 4.J 89/2:S.HRG.103-715
- Nomination of Ruth Bader Ginsburg, to be associate judge of the Supreme Court of the United States : hearings by Senate. Call Number: Main Campus Library GovDocs MicroficheY 4.J 89/2:S.HRG.103-482
- Nomination of Judge Clarence Thomas to be Associate Justice of the Supreme Court of the United States : hearings by Senate. Call Number: GovDocs PaperY4.J 89/2:S.HRG.102-1084/
- Confirmation hearing on the nomination of Hon. Brett M. Kavanaugh to be an Associate Justice of the Supreme Court of the United States: hearing before the Committee on the Judiciary
- Confirmation hearing on the nomination of Hon. Amy Coney Barrett to be an Association Justice of the Supreme Court: hearing before the Committee on the Judiciary
Disclaimer
This guide is intended to give a general overview of the Constitution and our system of government, as well as some historical information. It may not contain the most up to date legal information and should not be considered legal advice. For help with up to date legal research email us at refdesk@clarkson.edu. For legal advice, please consult an attorney.