Our federal government has three parts. They are the Executive, (President and about 5,000,000 workers) Legislative (Senate and House of
Representatives) and Judicial (Supreme Court and lower Courts). The President of the United States administers the Executive Branch of our government. The President enforces the laws that the Legislative Branch (Congress) makes. The President is elected by United States citizens, 18 years of age and older, who vote in the presidential elections in their states. These votes are tallied by states and form the Electoral
College system. States have the number of electoral votes which equal the number of senators and representatives they have. It is possible to have the most popular votes throughout the nation and NOT win the electoral vote of the Electoral College. The Legislative part of our government is called Congress. Congress makes our laws. Congress is divided into 2 parts. One part is called the Senate. There are 100 Senators--2 from each of our states. Another
part is called the House of Representatives. Representatives meet together to discuss ideas and decide if these ideas (bills) should become laws. There are 435 Representatives. The number of representatives each state gets is determined by its population. Some states have just 2 representatives. Others have as many as 40. Both senators and representatives are elected by the eligible voters in their states. The Judicial part of our federal government
includes the Supreme Court and 9 Justices. They are special judges who interpret laws according to the Constitution. These justices only hear cases that pertain to issues related to the Constitution. They are the highest court in our country. The federal judicial system also has lower courts located in each state to hear cases involving federal issues. All three parts of our federal government have their main headquarters in the city of Washington D.C.
How the Supreme Court Works
The Supreme Court is:
- The highest court in the country
- Located in Washington, DC
- The head of the judicial branch of the federal government
- Responsible for deciding whether laws violate the Constitution
- In session from early October until late June or early July
How a Case Gets to the Supreme Court
Most cases reach the Court on appeal. An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts. They can come from state courts if a case deals with federal law.
Rarely, the Court hears a new case, such as one between states.
Dissatisfied parties petition the Court for review
Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court.Justices study documents
The Justices examine the petition and supporting materials.Justices vote
Four Justices must vote in favor for a case to be granted review.
What Happens Once a Case is Selected for Review?
Parties make arguments
The Justices review the briefs (written arguments) and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.Justices write opinions
The Justices vote on the case and write their opinions.The majority opinion shared by more than half of the Justices becomes the Court’s decision.
Justices who disagree with the majority opinion write dissenting or minority opinions.
The Court issues its decision
Justices may change their vote after reading first drafts of the opinions. Once the opinions are completed and all of the Justices have cast a final vote, the Court “hands down” its decision.All cases are heard and decided before summer recess. It can take up to nine months to announce a decision.
Every year:
The Court receives 7,000-8,000 requests for review and grants 70-80 for oral argument. Other requests are granted and decided without argument.
About the Justices:
There are nine Justices:
- A Chief Justice, who sits in the middle and is the head of the judicial branch.
- Eight Associate Justices
When a new Justice is needed:
- The President nominates a candidate, usually a federal judge.
- The Senate votes to confirm the nominee.
- The Court can continue deciding cases with less than nine Justices, but if there is a tie, the lower court’s decision stands.
Justices are appointed for life, though they may resign or retire.
- They serve an average of 16 years.