Supreme Court For Dummies E-Book

Lisa Paddock

• Herausgeber: John Wiley & Sons
• Kategorie: Geisteswissenschaft
• Sprache: Englisch

Seitenzahl: 621

Veröffentlichungsjahr: 2011

Beschreibung

Gives you the scoop on how the Court reaches its decisions Get involved and track a case through the system This fun and easy guide demystifies the federal court system by describing what kinds of cases the justices hear, outlining how cases reach the Supreme Court, clarifying legal terms, and explaining how the Court arrives at its decisions. You'll discover how to get inside the Court yourself and investigate both the key issues and the players involved. The Dummies Way * Explanations in plain English * "Get in, get out" information * Icons and other navigational aids * Tear-out cheat sheet * Top ten lists * A dash of humor and fun

Leseprobe

Supreme Court For Dummies®

by Lisa Paddock, Ph.D., Llb.

Supreme Court For Dummies®

Published byWiley Publishing, Inc.111 River St.Hoboken, NJ 07030-5774www.wiley.com

Copyright © 2002 by Wiley Publishing, Inc., Indianapolis, Indiana

Published simultaneously in Canada

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Library of Congress Control Number: 2002110305

ISBN: 0-7645-0886-5

Manufactured in the United States of America

10 9 8 7 6 5 4 3 2

1B/RW/QZ/QS/IN

About the Author

Lisa Paddock is a lawyer and freelance writer who has been writing about the law since graduating from the University of Michigan Law School in 1989. While practicing law in New York City, she acted as consulting legal editor for Great American Trials (Gale Research, 1994). In 1996, her book, Facts About the Supreme Court of the United States of America (H.W. Wilson, 1996), was voted one of the year’s best reference books by the Reference and User Service Association of the American Library Association. Since then, she has continued to write about the Supreme Court — and other courts — for publications such as The Encyclopedia of American Biography (HarperCollins, 1996) and Courtroom Drama (UXL, 1998).

Before becoming a lawyer, Lisa taught literature and worked as a stock broker. Her PhD in English, when combined with a law degree, almost inevitably led to an interest in intellectual property, and she has frequently advised other writers, as well as writers’ organizations, on copyright matters. One of her best clients is her husband, the biographer Carl Rollyson. Lisa and Carl — and their Scotties — live in Cape May County, New Jersey, where they frequently collaborate on literary projects and long walks on the beach.

Dedication

For Holmes & Watson, no legal beagles.

Author’s Acknowledgments

Thanks go to my agent, Elizabeth Knappman, for thinking of me in connection with this project. I’d like to extend my gratitude, too, to her staff at New England Publishing Associates for their help along the way.

At Wiley Publishing, Inc., my first thanks go to Acquisitions Editor Greg Tubach, who did a supremely wonderful job formulating this project and shepherding it through the early stages. Editorial Supervisor Michele Hacker and Project Coordinator Nancee Reeves helped smooth out the transitions from conception to completion. And the always upbeat, ever encouraging, utterly professional Kelly Ewing — who served as both Project Editor and Copy Editor — has earned my everlasting gratitude and respect.

My technical editor (and hero), Pam Heatlie, saved me from some faux pax and helped keep me au courant.

I had help retrieving illustrations from several individuals and institutions. Thanks to Franz Jantzen and the staff of the United States Supreme Court Curator’s Office; Kelly M. Jones and the staff of the Supreme Court Historical Society Gift Shop; and Margaret Harman and the staff of the AudioVisual Archives at the Lyndon B. Johnson Library & Museum.

And then there’s my husband, Carl Rollyson, who carried far more than his share of the burden while I was working on this project. Without him — truly — this book would never have been finished.

Thank you, one and all.

Publisher’s Acknowledgments

We’re proud of this book; please send us your comments through our Dummies online registration form located at www.dummies.com/register/.

Some of the people who helped bring this book to market include the following:

Acquisitions, Editorial, and Media Development

Project Editor: Kelly Ewing

Senior Acquisitions Editor: Greg Tubach

General Reviewer: Pamela Heatlie

Senior Permissions Editor: Carmen Krikorian

Editorial Supervisor: Michelle Hacker

Cover Photos: ©Corbis

Cartoons: Rich Tennant www.the5thwave.com

Production

Project Coordinator: Nancee Reeves

Layout and Graphics: Amanda Carter, Joyce Haughey, LeAndra Johnson, Jackie Nicholas, Barry Offringa, Heather Pope, Jeremey Unger

Proofreaders: Laura Albert, TECHBOOKS Production Services

Indexer: TECHBOOKS Production Services

Publishing and Editorial for Consumer Dummies

Diane Graves Steele, Vice President and Publisher, Consumer Dummies

Joyce Pepple, Acquisitions Director, Consumer Dummies

Kristin A. Cocks, Product Development Director, Consumer Dummies

Michael Spring, Vice President and Publisher, Travel

Brice Gosnell, Publishing Director, Travel

Suzanne Jannetta, Editorial Director, Travel

Publishing for Technology Dummies

Andy Cummings, Vice President and Publisher, Dummies Technology/General User

Composition Services

Gerry Fahey, Vice President of Production Services

Debbie Stailey, Director of Composition Services

Contents

Title

Introduction

About This Book

Conventions Used in the Book

Foolish Assumptions

How This Book Is Organized

Icons Used in This Book

Where to Go From Here

Part I : “We’ll Take It All the Way to the Supreme Court!”

Chapter 1: Considering the Court of Last Resort

The Cast of Characters

The Third Branch of Government

The Federal Judicial System

The Jurisdiction Question

Case Study: Bush v. Gore

Chapter 2: Getting to Cert

Making an Appeal

Thinking of the Supreme Court as a Trial Court

Courting the Court

Petitioning for Certiorari

Becoming Certworthy

Understanding the Cert Process

When Cert Is Denied

Chapter 3: Making a Decision

The Paper Chase: Briefs, Briefs, and More Briefs

Oral Argument: Not Really a Back-and-Forth

Decisions, Decisions: The Judicial Conference

Making the Decision Known

Interpreting the Opinions

It’s Not Over ’til It’s Over: Sending the Case Back

Part II : Judging the Justices

Chapter 4: Make No Mistake, These Justices Are Politicians: The Confirmation Contest

The Selection Process: A Mixed Bag

The Politics of Interest Groups

Political Affiliation and Policy Considerations

Professional Qualifications

The Confirmation Process: Advice and Consent

Chief Justice Appointments

Chapter 5: First Among Equals: The Chief Justice

A Leader or Just a Presiding Officer?

Court Management: All Are Called, Some Answer

Court Guardianship: Watching over the Marble Palace

Statesmanship: When a Chief Justice Is More than a Chief Justice

Chapter 6: A Touch of Class: Some Notable Justices

The Scholars

The Stylists

The Rebels

The Progressives

Two Vivid 20th-Century Personalities

Chapter 7: Rogues Gallery: Some Notorious Justices

The Unstable: John Rutledge

The Unfit: Fred Vinson

The Venal: James Wilson

Three Who Outstayed Their Welcome

Part III : Setting Precedents: Cases That Count

Chapter 8: The First Amendment Is the First Amendment

Understanding Freedom of Religion

Using Freedom of Expression

Exercising Freedom of Assembly and Petition

Chapter 9: Due Process: What Is It, and Who Gets It?

Procedural Due Process: Protecting Your “Life, Liberty, or Property”

Substantive Due Process

The Explosion in “Rights Consciousness”

Chapter 10: Equal Protection: How Equal Is It?

A Short, Not-So-Illustrious History of the Fourteenth Amendment

Redressing Old Wrongs: The 1964 Civil Rights Act

Part IV : High Drama on the High Court

Chapter 11: Dred Scott and the Civil War

The Truth Doesn’t Always Set You Free, and Neither Does the Law

The Downfall of a Great Jurist: The tragedy of Roger Brooke Taney

The Birth of a Nation: A Hundred More Years of Segregation

Chapter 12: Brown v. Board of Education and the Civil Rights Movement

Changing Minds: The NAACP and the Supreme Court

The Search for the Perfect Plaintiff

Try, Try Again: When the Supreme Court Can’t Make Up Its Mind

Changing the Course of History

Part V : Understanding Supreme Court Decisions

Chapter 13: Using the Internet: Your Best Bet

The Supreme Court Web Site

Cornell University’s Legal Information Institute Supreme Court Collection

FindLaw

Media Web Sites: Built for the Common Man or Woman

Oyez, Oyez, Oyez: A U.S. Supreme Court Multimedia Database

Chapter 14: The Supreme Court Reporter Is Not a Magazine: Traditional Research

Going Official: Reading Opinions the Old-Fashioned Way

Going Online (Semiofficially)

Using Cheat Sheets: Secondary Sources

Part VI : Becoming a Court Insider

Chapter 15: Law Clerks: The Worker Bees

A Roadmap to the Justices’ Chambers

Work, Work, Work

The Delicate Matter of Discretion

Perks of the Job

Chapter 16: They Also Serve: Other Court Staff

Statutory Officers: Greasing the Wheels

Support Staff: Holding Up Their End

Part VII : The Part of Tens

Chapter 17: The Court’s Ten Best Decisions

Marbury v. Madison (1803)

McCulloch v. Maryland (1819)

Gibbons v. Ogden (1824)

Brown v. Board of Education (1954)

Baker v. Carr (1962)

Gideon v. Wainwright (1963)

Miranda v. Arizona (1966)

New York Times v. United States (1971)

Roe v. Wade (1973)

United States v. Nixon (1974)

Chapter 18: The Court’s Ten Worst Decisions

Scott v. Sandford (The Dred Scott Case) (1857)

Bradwell v. Illinois (1873)

Minor v. Happersett (1875)

Plessy v. Ferguson (1896)

Lochner v. New York (1905)

Hammer v. Dagenhart (1918)

Adkins v. Children’s Hospital (1923)

Buck v. Bell (1927)

Korematsu v. United States (1944)

Bowers v. Hardwick (1986)

Chapter 19: Ten Ways the Court Has Changed the Course of History

The Balance of Powers

Presidential Elections

Presidential Impeachments

Civil War

Segregation and Integration

Voting Rights

The Death Penalty

Abortion

Corporations

Income Tax

Part VIII : Appendixes

Appendix A: Common Legal Terms

Appendix B: Constitution of the United States of America

Preamble

Articles

Signatures

AMENDMENTS

Appendix C: Justices of the Supreme Court

Introduction

The decisions of the United States Supreme Court have more impact on the lives of Americans than those of any other institution of government — as everyone who watched the resolution of the 2000 presidential election knows. As an individual, you have both an indirect and a direct relationship with this imposing body, once fondly known as the “nine old men.” This book explains that relationship by demystifying the federal court system, describing how cases reach the Supreme Court, clarifying legal terms, relating Court decisions to government policies, and detailing how you can — both literally and figuratively — get inside the Court. It also introduces you to a number of black-robed men (and two women) who are mere mortals.

About This Book

This book helps you understand why we need a national supreme court, what kinds of cases the justices hear, how the court arrives at and delivers its opinions, and what consequences result from these decisions. It also provides you with methods of determining these things for yourself.

You need not read the entire book or read the chapters in any particular sequence in order to get information about the Court. The structure of the book assumes that not every reader will be interested in following a case through the hierarchy of the court system or in the details of certain landmark decisions. If, for example, you want to know how to find out about a recent decision and the issues it involved, you can use the chapter headings in the Table of Contents at the front of the book or the index to find out where in the book you should go. Afterward, however, you may want to go back and read more about how the case or issue that interests you fits into the larger scheme of American law as defined by our supreme judicial body.

Conventions Used in the Book

The United States has many courts, many of which are supreme courts (usually the highest state courts). However, only one Supreme Court of the United States exists, and to differentiate it from its namesakes, it’s referred to as the U.S. Supreme Court, the High Court, or simply the Court, with an uppercase “C.”

Cases are named after the parties involved in the original lawsuit. In trial courts, the name of the person who brought the suit (the plaintiff) appears first, followed by the name of the person who is being sued (the defendant). For example, if Mary Smith filed a suit against Fred Jones, that case is named Smith v. Jones (2000), with the plaintiff’s name coming before the “v” and the defendant’s name following it. (The date in parentheses following the case name is the year in which the decision is handed down.)

But by the time the case reaches the Court, it may be known as Jones v. Smith (2002). The reason for the reversal is that most cases heard by the High Court are appeals from the decision of a lower court, where the defendant may not have been happy with the result. If the defendant then files an appeal, he or she or it becomes the “appellant” or petitioner and the first named party. The second party is now the appellee or respondent. The “v,” by the way, stands for versus. However, you will sometimes see the “v” replaced by “and,” as in “Jones and Smith.”

Foolish Assumptions

In writing this book, I have made a number of assumptions about why you are reading it:

You’ve heard or read journalists reports about U.S. Supreme Court cases and their ramifications, and you want to know more.

You’re interested in the way the law works.

You’ve been involved with the law in some way in your own life (jury service, will drafting, small claims court, and so on) or know someone who has.

You feel sure that what goes on at the Court cannot be all that mysterious.

You may know a lot about history, but you don’t know much about the Supreme Court.

Even if you’re an expert on the Supreme Court, you’ll enjoy reading colorful anecdotes about notable and notorious cases and justices.

How This Book Is Organized

The contents of this book fall into eight parts, each of them divided into several chapters. The last part of the book contains three appendixes.

Part I: “We’ll Take It All the Way to the Supreme Court!”

This part describes the Supreme Court’s role in the federal government, as well as its relationship with other federal and state courts. It explains how a case reaches the Supreme Court and how, once it gets there, it’s decided.

Part II: Judging the Justices

This part explains the nomination and confirmation process for Supreme Court justices and the role of the chief justice. It also provides thumbnail sketches of some of the most notable and some of the most notorious people who have sat on the high bench as well as descriptions of who is sitting there now.

Part III: Setting Precedents: Cases That Count

This part is devoted to some past Supreme Court decisions that affect the life of the nation, as well as your own life! As you see in this part, so much of what defines Americans — freedom of speech, for example — flows from the First Amendment. And as this part also shows, many of the rights you take for granted — due process and equal protection under the law — are grounded in the Fourteenth Amendment.

Part IV: High Drama on the High Court

This part explores the background of two of the most dramatic cases ever heard by the Supreme Court: Dred Scott v. Sandford (1856) and Brown v. Board of Education of Topeka, Kansas (1955). What the Court decided in these cases changed the course of history — twice, and in opposite directions.

Part V: Understanding Supreme Court Decisions

This part of the book shows you how to find Supreme Court decisions and decipher what they really mean, both to the parties involved and to the rest of the world.

Part VI: Becoming a Court Insider

This part explains who, besides the justices, works at the Court, how they got there, and what they do.

Part VII: The Part of Tens

In every Dummies book, you’ll find the irreverent Part of Tens. This part is designed to give you interesting information quickly and easily. The Part of Tens provides you with some neat information you can store away for future reference or use to impress your friends.

Part VIII: Appendixes

The appendixes are devoted to a glossary that deciphers the legalese, the Constitution — and a very long list of everybody who has ever served on the Court.

Icons Used in This Book

Icons are a familiar part of the For Dummies series. If you’ve looked at other For Dummies books, you will recognize some or all of the icons used in this book as signposts for material that you might want to pay special attention to or skip altogether — depending upon your reasons for reading The Supreme Court For Dummies.

This icon highlights humorous or telling human interest stories about individual Supreme Court justices, Washington politicos, or historical events pertinent to the Court.

You’ve heard of legalese, where something is defined in such a way that it’s hard to understand. This icon alerts you to an appearance and explanation of a term taken from this foreign language.

When you see this icon, you’ll know that the accompanying text includes material that will be helpful to you elsewhere in the book.

Technical stuff might use some words from the dreaded legalese, but it might also be written in English. This icon helps you find translations.

This icon marks a tip that can save you time or effort. It may point out a shortcut to doing something, such as researching a case, or a great resource you’ll want to peruse.

Where to Go From Here

This book begins with a detailed Table of Contents that gives you a quick overview of what’s between the covers. The book ends with a detailed Index to help you quickly locate specific information. You can begin by looking up the particular topic that you’re interested in either the Table of Contents or Index. But if the Supreme Court — or the law in general — seems a formidable, impenetrable institution, starting this book at the beginning is a good idea.

If you want to know why the Court is more than just a building or the repository of received wisdom, start with Part II, which is devoted to the justices, who together make up the Court. Part III provides you with information about crucial aspects of the law and the cases that shaped them. If you’re a history buff, you might want to start with Part IV, where you can find background information about two watershed decisions — one bad and one good — that addressed similar issues. Part VII is for readers who are interested in the Court’s minor players, the clerks, and other administrators who help ensure that the business of the Court runs smoothly. And last but not least, the Part of Tens is for those of you who like just the straight facts.

Part I

“We’ll Take It All the Way to the Supreme Court!”

In this part . . .

Everybody understands that the U.S. Supreme Court is not just the court of last resort, but the one place to go to get a final answer on what’s right. You can’t trust those elected politicians in Congress or the Oval Office to decide much of anything — even they go to the Supreme Court for answers. In these chapters, you discover the secret of the Court’s power: a little thing of its own devising called judicial review, which means the justices always get to have the last word. Remember who decided which candidate got to move into the White House after the 2000 presidential election?

Even if you’re not running for president, you’d probably like to know how a case gets into the Supreme Court. It’s a long and winding road, but you can find a detailed map inside. Like all good maps, it shows you forks in the road, dead ends, and that the surest route from A to B is not always a straight line. Enjoy the ride!

Chapter 1

Considering the Court of Last Resort

In This Chapter

Introducing the players

Explaining separation of powers

Outlining the judicial system

Understanding jurisdiction

A case study

In order to understand the significance of the Supreme Court and the way it functions, you need to know some basic facts about its makeup and its relationship to the other branches of the federal government, to the federal court system, and to state courts. Looking at how the Court decided the outcome of the 2000 presidential election helps explain how all these factors work together in the highest court in the land.

The Cast of Characters

The United States Supreme Court is both a building (see Figure 1-1) and a group of people. The Constitution does not specify how many people should make up this group. When the founding fathers organized the Court, they apparently did not consider that cases might end in a tie vote (in fact, they didn’t think too much about the Court at all), and in 1789, the First Congress initially set the number of justices at six: five associate justices and one chief justice.

As the nation expanded, so did the number of justices — most of the time. There was a brief interval in 1801 when the size of the Court actually shrank to five. Political considerations forced the number back up to six the next year. Political considerations were also responsible for nudging the number up to a hefty ten during the Civil War and back down to seven during the reconstruction period that followed. (As you see in Chapter 4, for example, politics is every bit as important to the Court as it is to the rest of government.) Since 1869, however, the number of justices has remained fixed at nine, one of whom is still the chief justice.