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History of the Supreme Court

One of three Braches created by the Constitution.

The Supreme Court Building.

What you will find here:

• Constitutional Outline for the Court.
• Legal Jurisdiction of the Court.
• Nominating and Appointing Justices.
• How the Supreme Court works.
• What the Court actually does.
• The Seal of the Supreme Court.
• Traditions kept from the start.
• Where the Court meets.

Constitutional Outline for the Court.

Like other federal courts, the Supreme Court may exercise the power to declare federal or state laws, as well as the actions of federal and state executives, unconstitutional. This process is called judicial review.

Judicial Review

The importance of judicial review of legislation was discussed before the Constitution was ever drafted. James Madison argued that if every constitutional question were to be decided by public political bargaining, the Constitution would be reduced to a battleground of competing factions, political passion and partisan spirit.

The first test of this power.

The power of the Court was not fully flexed until 1803, when it was invoked by Chief Justice John Marshall in "Marbury v. Madison." He asserted that the Court's responsibility to overturn unconstitutional legislation was a "necessary consequence" of sworn duty to uphold the Constitution, and the oath could not be fulfilled any other way.

Everyone is supposed to listen.

The Supreme Court's decisions set precedence, which means all lower courts are bound by their interpretations. cannot directly enforce its rulings; instead, it relies on respect for the Constitution and for the law for adherence to its judgments.

Legal Jurisdiction of the Court.

The Constitution outlined the jurisdiction of the Supreme Court in Article III, which reads:

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.:

Narrowing the field.

This was further limited by the Eleventh Amendment, which did not allow for hearing cases "commenced or prosecuted against [a State] by Citizens of another State, or by Citizens or Subjects of any Foreign State."

However, the Eleventh Amendment is not deemed to apply if a state consents to be sued. Plus, the Supreme Court has ruled that Congress may abrogate the states' immunity from lawsuits in certain circumstances. Federal courts are limited by other federal laws, too.

Nominating and Appointing Justices.

The Justices are nominated to the bench by the President. As a general rule, Presidents nominate individuals who broadly share their ideological views. Sometimes this backfires, when the decisions made by the Justice are not what the President anticipated. The Senate gets a chance to conduct hearings and question the nominees. After this "advice and consent" at the Senate, only a simple majority vote is needed for approval. To date, only 12 nominees have ever been rejected. Congress has exercised its power a few times to determine the number of Justices, and currently it stands at nine.

Who stayed the longest?

Unlike the President or members of the Legislative branch, appointments to the Supreme Court are for life. Justices may retire, resign, or by impeached and convicted by Congress. Over the years, Many Justices have retired or resigned, but none have ever been successfully removed by Congress.

• 34 years, 1 month - Justice Hugo Black, retired in 1971.
• 34 years, 5 months - Chief Justice John Marshall.
• 34 years, 6 months - Justice Stephen J. Field, served from 1863 to 1897.
• 36 years, 6 months - Justice William O. Douglas, retired in 1975.

Who appointed the most Justices?

When the government was still new, it was the duty of President George Washington to appoint the original six Justices. Before the end of his term, he had to nominate four more.

President Franklin D. Roosevelt almost beat that record during his long tenure. He appointed eight Justices and got to elevate Harlan Fiske Stone to Chief Justice.

How many have there been?

The number of Justices changed 6 times, before the final total of 9 was settled in 1869. Since the formation of the Court in 1790, there have been:

• 16 Chief Justices, 5 of whom were elevated from Associate Justice.(*)
• 97 Associate Justices have been selected in all.
• This equals 108 Justices since the birth of our government.
• Justices serve an average of 15 years.

(*) This includes former Justice John Rutledge, who was appointed Chief Justice under an interim commission during a recess of Congress and served for only four months in 1795. When the Senate failed to confirm him, his nomination was withdrawn; however, since he held the office and performed the judicial duties of Chief Justice, he is properly regarded as an incumbent of that office.

How the Supreme Court works.

The Court operates on an annual schedule called a Term. Each Term begins on the first Monday of October. The Term is divided between "sittings" when the Justices hear cases and deliver opinions, and intervening "recesses," when they consider the business before the Court and write opinions. Sittings and recesses alternate about every two weeks.

Each Side Gets 30 Minutes.

In general, each side is allowed 30 minutes to present their argument. Only rarely are exceptions made to the time limit. Up to 24 cases may be argued at one sitting. Most cases have already been heard in other courts, so witnesses and juries are not needed for this judicial review. To aid in their deliberation, a record of prior proceedings and printed briefs continaing the argument of each side are provided.

Rules for Justices to follow.

When the Constitution called for the creation of "one supreme Court" it included two rules. The judges were to "hold their Offices during good Behavior" which has generally meant a life-long appointment. To help insure unbiased, independent rulings, the Constitution provides that judges salaries' may not be diminished while they are in office.

What the Court actually does.

The power of the Supreme Court to consider appeals from state courts, rather than just federal courts, was created by the Judiciary Act of 1789. This act formed a lot of framework for the Supreme Court.

This is the only federal court that has jurisdiction over direct appeals from state court decisions, although there are a variety of devices that permit so-called "collateral review" of state cases.

The cases must be real.

The Constitution permitted the Justices to only hear actual cases and controversies, such as those that attempt to redress a wrong. Sometimes the Justices hear cases specifically designed to "test" the constitutionality of a statute.

No speculative opinions given.

It does not issue opinions or advise whether an idea for a law would be Constitutional, even if the one asking is the President. John Jay, the first Chief Justice, clarified this restraint early in Court's history by declining to advise President George Washington on the constitutional implications of a proposed foreign policy decision.

The Seal of the Supreme Court.

The Court's seal is very similar to the Great Seal of the United States. The Supreme Court's version has a single star beneath the eagle's claws. The star is a symbol for the Constitution's creation of "one Supreme Court."

How the Seal is used.

For centuries, seals of different kinds have been used as a way of authenticating that something is original. These days, the seal is used to stamp official documents, such as the certificates attorneys receive once they have been qualified to practice before the Court.

The current seal is just the fifth one made in the history of the Court. The Clerk of the Court, who gets to stamp the appropriate papers with it, has physical custody of the seal.

Traditions kept from the start.

Despite the many changes in our nation and in the Supreme Court itself, it is an institution steeped in tradition. In many ways it is nearly identical to the first Justices, doing things the same way they did then, including seating arrangements, writing utensils, and dress codes.

Seating by Seniority

The Chief Justice always sits in the center chair. The senior Associate Justice sits to his right, and the second senior to his left. The Justices continue alternating right and left by seniority until everyone is seated.

Quill Pens

From the earliest sessions, quill pens have been used by the Court. Each day the Court sits, white quills are placed on the counsel tables.

The "Conference handshake"

In the late 19th century, Chief Justice Melville W. Fuller started a tradition of going around and shaking hands with each of the eight Justices when they would assemble to go to the Bench and at the beginning of private meetings where they discussed decisions.

He began this practice to remind everyone that the differences of opinion between people did not have to affect their harmony of purpose.

Judges get the Black Robes

In the first days of the Court, Chief Justice Jay and his colleagues wore robes with red facing, like those worn by early colonial and English judges. The "Jay robe" of black and salmon is now at the Smithsonian.

Attorneys dress formally.

At first, attorneys had to wear formalwear called "morning clothes." In 1890, future Senator, George Wharton Pepper of Pennsylvania, appeared at court in street clothes. Justice Horace Gray was offended that the young man dared wear his grey coat. Pepper hurried to borrow a morning coat, because they would not allow him inside until properly attired.

These days, only government lawyers and those who serve as advocates for the United States Government, follow the tradition of formal dress.

Where the Court meets.

As important as the Court is to the functioning of the government, it did not get a buildings of its own until 1935, the 146th year of its existence.

New York and Philadelphia

In the beginning, when New York City was the capital of the fledgling United States, the Supreme Court met in the Merchants Exchange Building. A few months later Philadelphia became the Capital, so the Court moved there with everyone else. For a while, they used the State House (Independence Hall) then moved to the City Hall building.

The Court goes to Washington.

In 1800, the government packed up and moved to Washington, District of Columbia. Since arrangements had not been made for the Court, the Senate loaned them space in the new Capitol building. They shuffled from place to place in there. For a short period of time, they met in a private house after the British set fire to the Capitol during War of 1812.

After the war, people met in the Capitol building again. From 1819 to 1860 they used an area now restored as the "Old Supreme Court Chamber." They moved again to a place called the "Old Senate Chamber" from 1860 to 1935.

Taft: We Want Our Own Place.

William Howard Taft was President from 1909 to 1913, and after that he was nominated to be a Supreme Court Justice. In 1929, he persuaded Congress to end the moving madness and allow the Court to construct a building of its own. Congress agreed.

The vision of the building.

Architect Gilbert Cass was asked by Chief Justice Taft to design "a building of dignity and importance suitable for its use as the permanent house of the Supreme Court of the United States." Construction began in 1932, but neither lived to see its completion in 1935.

Making the vision come true.

The classical Corinthian style was chosen to make it fit into the environment. It had be big enough to be on equal scale to the White House and Capitol. If would be a symbol of the dignity and importance of the Court, and a display of its independent co-equality with the Executive and Legislative branches.

It's no dream, they were underbudget.

Congress authorized just under $10 million for construction. Not only was the building finished using fine materials including oak and marble, it was also completely furnished, which was not planned in the budget. However, by the time they were through, the Supreme Court returned $94,000 to the Treasury. (Insert appropriate comment about how that never seems to happen today!)

Further Information

To learn more about the role played by the Supreme Court in running the American government, visit U.S. Supreme Court.

To see a list of all the people who have served as Supreme Court Justices, along with a few interesting facts and stories, read All the Justices.

Short bio pages have been created for each of the current Justices:

• John G. Roberts, Jr.
• John Paul Stevens
• Sandra Day O'Connor
• Antonin Scalia
• Anthony M. Kennedy
• David H. Souter
• Clarence Thomas
• Ruth Bader Ginsburg
• Stephen G. Breyer