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Article III of the U. S. Constitution provides 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." Created in accordance with this provision, the Supreme Court of the United States was organized on February 2, 1790.
We all know the Supreme Court as the official "buck stop." Litigators whose lawsuits are found in the opposition's favor can appeal their ruling in a higher court, taking it all the way to the Supreme Court if necessary in quest of having the original verdict overturned.
The Supreme Court has areas of original jurisdiction as well where matters are presented directly to them. These include:
Matters directly involving the laws of the United States;
Cases affecting Ambassadors or other public Ministers and Consuls;
Cases regarding maritime concerns;
Controversies in which the United States is a party;
Conflicts between a state and citizens of another state;
Conflicts between citizens of different states; or
Conflicts between a state, or its citizens, and foreign states or citizens
The U. S. Constitution does not specify the size of the Supreme Court. Initially, the Court had six justices. As the country grew geographically, additional justices were added until they numbered ten in 1863.
Congress, at the request of Chief Justice Salmon P. Chase, passed the Judicial Circuits Act in 1866 providing that the next three justices to retire would not be replaced in order to reduce their number to seven by attrition. The idea never reached fruition, as the Judiciary Act of 1869 set the number of justices at nine where it remains today.
President Franklin D. Roosevelt tried to expand the Court in 1937 in efforts to "ease the burden of the docket on elderly judges." Congress saw through his words and believed his true motive was to pack the court with justices who would support the New Deal. The proposal failed to pass in Congressional vote.
Justices are appointed by the President and endure Congressional scrutiny before they're approved to hold office. They "shall hold their offices during good behavior." This means that, once appointed, they may serve the remainder of their lives barring impeachment and conviction. They can voluntarily resign or retire. There is no mechanism for removing a justice who becomes incapacitated by illness or injury and unable to resign or resume their duties.
Courts are known through time by the name of the Chief Justice that led during a particular era. The current group is called the Roberts Court. Read on for a look at some of the arguments they're now hearing.
It's the duty of the Supreme Court to interpret the U. S. Constitution in cases brought before them. They decide whether or not a matter is in accordance to the law, not whether or not a matter is in the best interest of the American people. And the cases before them right now may impact our way of life as dramatically as Brown v Board of Education in 1954 or Roe v. Wade in 1973.
At issue is whether California's Proposition 8, voted for by the people, is unconstitutional. Proposition 8 bans same-sex marriage. Opponents believe no minority group should suffer discrimination and see the ban as stripping rights away from the gay and transgender community. Proponents see Proposition 8 as upholding traditional family values. The ruling, expected by Wednesday, has the potential to change the institution of marriage.
In another case, the Court began hearing arguments today to decide whether the most horrendous of sexual offenders may remain incarcerated after their sentence has been served. Currently, 23 states have laws allowing the practice as part of a program enacted under the Adam Walsh Child Protection and Safety Act of 2006. This is the same Act that requires convicted sexual offenders to register with law enforcement officials when they move to a new community. The Act also provides treatment for the offenders before their release to the public. Some states don't begin treatment until their jail sentence has been fully served, others offer no treatment program at all. Inmates remain in jail in the meantime.
McDonald v. City of Chicago is another case before the Court worth watching. The case centers around the ban on handguns in the windy city. Does the ban strip residents of their Second Amendment rights to keep and bear arms? The Fourteenth Amendment guarantees all American citizens are protected by the entire Bill of Rights, no individual right can be overturned on the state or local level. If the ban is upheld, what other rights can local governments overturn? Can citizens one day be denied their freedom of speech?
Even cases that sound frivolous can have serious consequences. Judges are hearing an antitrust case brought by American Needle Inc. against the National Football League (NFL). The NFL awarded Reebok International an exclusive contract to making their headgear in 2001. Until that time, American Needle Inc. was one of the many companies providing the service. They sued in 2004, claiming the deal violated antitrust laws. Lower courts threw out the suit, ruling that nothing in the antitrust law prohibits teams from cooperating on apparel licensing. We're talking about hats here, folks.
However, this ruling can forever change the landscape of all business in the United States, reaching far beyond professional sports. If the court rules the NFL is a single entity and not 32 separate teams, it would be exempt from antitrust laws. Bargaining power for the NFL Players Union is based on antitrust legislation. Decisions would be made on a league-wide basis. Owners wouldn't have to compete with each other on player salaries or ticket prices. Free agency would be thrown out the window. Salaries could be reduced, ticket prices raised and player strikes would follow in all major sports.
Should the court decide the NFL be considered 32 separate businesses, the federation of banks that make up the credit card network would be in the same position. Lawsuits against credit card companies could ensue, raising the cost of conducting everyday business for us all.
Establishment, separation, elimination… what's in a word? Plenty. And it's up to the Supreme Court to decide. This case centers around the removal of an eight-foot tall crucifix erected in 1934 to honor those who lost their life in World War I. It's on a place called Sunrise Rock on the Mojave National Preserve. Ownership of the land has since been ceded to the Veterans of Foreign Wars (VFW) who constructed the original cross. But lower courts have viewed the land transfer as an illegal way of circumventing rulings to remove the cross. As long as the land is public, it's subject to the Establishment Clause. This is the First Amendment provision stating "Congress shall make no law respecting an establishment of religion…" The Supreme Court is charged with deciding ownership of Sunrise Rock. The long-debated separation of church and state will be a key factor.
The Supreme Court will also hear arguments regarding the rights of police suspects as well as whether life imprisonment for juveniles constitutes cruel and unusual punishment.
Much is at stake with whatever decisions are made by these nine Supreme Court justices. The fate of our society lies in their hands.
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On The World Wide Web
Visit supremecourtus.gov to learn about the Supreme Court and learn what's on their docket, get case rulings, opinions and more.
It's a new year, and time to resume your job hunt. Start by pointing your browser here to search the largest online database of jobs on the planet.
Do you have extra love to share with an animal that needs a good home? Look no further than petfinder.com for a searchable database to match you with your perfect pet.
Tip of the Week
Beware when it comes to "free" samples. They almost always end up costing you money. Thousands of people have filed complaints with the Better Business Bureau about acai berry weight loss products. After giving the company their credit card number for shipping and handling fees to cover the "free sample," the company continued to charge them for several months worth of products. The company could not be reached when the consumers called to complain.
Quotable
"Nearly all men can stand adversity, but if you want to test a man's character, give him power." - Abraham Lincoln
Today in History
1932 - Oliver Wendell Holmes retires from the Supreme Court at age 90.
Flash Fact
Republican presidents have appointed nine Democratic justices to the Supreme Court, Democratic presidents have appointed three Republicans.
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