Learning Activity: United States Supreme Court

The United States Supreme Court: Robert H. Jackson's appointment as associate justice of the Supreme Court represented one of the most important milestones in his professional career. Students need to understand the critical role that the Supreme Court plays in protecting individual rights and upholding the rule of law as expressed in the United States Constitution.

Provide students with copies of the following sources of information about the Supreme Court:

Document A:
Taken from the United States Constitution, Article III.
Document B:
Taken from The Robert H. Jackson Center, The Constitution and Its Court, 2003.
Document C:
Taken from Robert H. Jackson: New Deal Lawyer, Supreme Court Justice, Nuremberg Prosecutor by Gail Jarrow, page 43.
Document D:
The Supreme Court Discussion Guide, Thirteen, WNET, New York, Educational Broadcasting System, 2006. www.thirteen.org.)

Ask students to consider the following questions as they review these sources*:

(*Adapted from: The Supreme Court Discussion Guide, Thirteen, WNET, New York, Educational Broadcasting System, 2006. www.thirteen.org.



Document A:

The United States Constitution. Article III.

Section 1. Supreme Court and inferior court- Judges and compensation.

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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during



Document B:

The Supreme Court of the United States*

The Supreme Court first assembled in February 1790. The Constitution did not define the exact duties and powers of the Supreme Court or the Judicial Branch; the Supreme Court assumed the power of judicial review (the power to declare acts of Congress unconstitutional) in the landmark case of Marbury v. Madison (1803). The Congress and the Justices of the Court have developed the Federal Judiciary and a body of Federal law. The first cases reached the Court in 1792.

The current Supreme Court consists of the Chief Justice of the United States and eight Associate Justices. The President has the power to nominate the Justices and appointments are made with the advice and consent of the Senate.

The Court's jurisdiction extends to all cases in law and equity under the Constitution, under the laws of the United States, and involving its treaties, ambassadors, public ministers, consuls and maritime cases. The Court also has jurisdiction over controversies between two or more States, between States and citizens of another State, between citizens in different states, and between citizens and foreign States, citizens or subjects.

The Term of the Court begins on the first Monday in October and lasts until the Court recesses, usually in the following summer. Approximately 7,000 petitions are filed with the Court per Term. 1,200 applications of various kinds are filed each year that can be acted upon by a single justice.

How It Works

Most cases do not start in the Supreme Court. Usually cases are first brought in a lower state or federal court. Once the lower court makes a decision, if the losing party does not think that justice was served, that party may appeal the case, or bring it to a higher court. In the state court system, these higher courts are called appellate courts. In the federal court system, the lower courts are called United States District Courts and the higher courts are called United States Courts of Appeal.

If the appellate court’s ruling disagrees with the lower court’s ruling, the original decision is reversed. The losing party in the appellate court then may ask the Supreme Court to review the case. The Supreme Court generally has the discretion to choose the cases it will review.

(*Taken from The Robert H. Jackson Center, The Constitution and Its Court, 2003, p. 3.)



Document C:

Have students review page 43 in Gail Jarrow’s book about the origins, roles, and duties of the Supreme Court.



Document D:

Students can also visit www.pbs.org/wnet/supremecourt/ and click on “Creation of the Court” and “Band of Brothers” to learn about the origins of the Court. This site also features the public broadcasting series, “The Supreme Court.” Click on “About the Series” and select Program One: Segment 1- Partisan Politics and Segment 2- Marbury v. Madison and Judicial Review. The DVD is available from www.ambrosevideo.com.

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