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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
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Seitenzahl: 621
Veröffentlichungsjahr: 2011
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
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-750-4744. Requests to the Publisher for permission should be addressed to the Legal Department, Wiley Publishing, Inc., 10475 Crosspoint Blvd., Indianapolis, IN 46256, 317-572-3447, fax 317-572-4447, or e-mail [email protected]
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Library of Congress Control Number: 2002110305
ISBN: 0-7645-0886-5
Manufactured in the United States of America
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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.
For Holmes & Watson, no legal beagles.
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.
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
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
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
This part explains who, besides the justices, works at the Court, how they got there, and what they do.
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.
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 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.
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.
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!
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 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.
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Lesen Sie weiter in der vollständigen Ausgabe!
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Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
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Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
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Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
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