The United States The Supreme Court
The Supreme Court of the United States is the highest court in the country, and its main job is to make sure laws follow the Constitution.
Why the Founding Fathers Created The Supreme Court
When the United States wrote the Constitution in 1787, the leaders of the new country—known as the Founding Fathers—had to decide how the nation’s laws would be interpreted and how disputes would be settled.
Some people believed that state courts could handle most legal issues on their own. But many of the founders worried that this could lead to confusion and inconsistency. If each state interpreted laws differently, the country might not function as one united nation. They knew a strong national system would need a final authority to interpret the law the same way everywhere.
The founders also understood that disagreements would happen—not just between individuals, but between states, and even between states and the national government. They needed a fair and neutral place to resolve these conflicts peacefully, instead of allowing disputes to grow into larger problems.
Another major concern was limiting government power. The founders did not want any one branch of government to become too powerful. They had just fought a revolution against a king, and they wanted to prevent any future abuse of power. So they created three branches of government. The judicial branch, led by the Supreme Court, would act as a check on the other branches by making sure laws and actions followed the Constitution.
The founders were also influenced by history. In other countries, leaders sometimes ignored laws or changed them to benefit themselves. Without an independent court system, there was little to stop this from happening. The founders wanted judges who could make decisions based on the law, not on politics or pressure from powerful leaders.
At the Constitutional Convention, they debated how strong the national courts should be and how judges should be chosen. In the end, they created the Supreme Court as the highest court in the country, with judges appointed rather than elected, so they could make fair and independent decisions without worrying about elections.
So they created the Supreme Court to make sure laws are interpreted consistently, to settle disputes fairly, and to keep the government balanced by making sure everyone follows the Constitution.
How the Supreme Court Works
The Supreme Court of the United States is the highest court in the country. Instead of voting on laws like Congress or enforcing laws like the President, the Supreme Court reviews laws and legal cases to make sure they follow the Constitution. When the Court makes a decision, it applies to the entire United States.
Who Is on the Supreme Court
The Supreme Court has 9 justices:
1 Chief Justice
8 Associate Justices
Justices are:
Nominated by the President
Confirmed by the Senate
Once approved, they serve for life (unless they retire), which helps them make decisions without worrying about elections or political pressure.
What Cases the Supreme Court Hears
The Court does not hear every case. Each year, thousands of cases are requested, but the Court chooses only about 70–80 of the most important ones.
The Supreme Court usually hears cases that:
Involve the Constitution
Deal with disagreements between states
Have different rulings in lower courts
Involve important national issues
How a Case Reaches the Supreme Court
Most cases start in lower courts:
District Courts (trial courts)
Courts of Appeals (review decisions)
Supreme Court (final decision)
If the Supreme Court agrees to hear a case, it issues something called a writ of certiorari, which means it will review the case.
How the Supreme Court Makes Decisions
Once the Court accepts a case:
Lawyers present arguments to the justices
The justices ask questions and review evidence
They meet privately to discuss the case
Each justice casts a vote
At least 5 out of 9 justices must agree for a majority decision.
Types of Supreme Court Opinions
After deciding a case, the Court writes opinions:
Majority opinion – explains the Court’s final decision
Concurring opinion – agrees with the outcome but for different reasons
Dissenting opinion – disagrees with the decision
These opinions become part of U.S. law and guide future cases.
The Power of Judicial Review
One of the Supreme Court’s most important powers is judicial review, which means it can:
Declare laws unconstitutional
Block actions by the President or Congress if they break the Constitution
Article III: The Supreme Court
Summary: The Constitution created the Supreme Court as the highest court in the United States. It gave the Court the power to hear important cases involving the Constitution, federal laws, disputes between states, and other major legal issues. Judges serve for life to help them remain independent, and the Court has the final say in interpreting the law.
Text in the Constitution: “Section 1. 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 Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”
Section 2. “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.”
Landmark Supreme Court Cases
Dred Scott v. Sandford (1857) — Slavery and citizenship
Vote: 7–2
Ruled that enslaved people were not citizens and could not sue in court, and that Congress could not ban slavery in territories—widely considered one of the worst decisions in U.S. history.
Plessy v. Ferguson (1896) — “Separate but equal”
Vote: 7–1
Upheld racial segregation laws, saying separate facilities were legal if they were equal—later overturned by Brown v. Board of Education.
Schenck v. United States (1919) — Limits on free speech
Vote: 9–0
Ruled that speech creating a “clear and present danger” (like encouraging resistance to the draft during wartime) is not protected.
Gitlow v. New York (1925) — Free speech applies to states
Vote: 7–2
Established that First Amendment protections apply to state governments through the 14th Amendment.
Near v. Minnesota (1931) — Freedom of the press
Vote: 5–4
Ruled that the government generally cannot censor newspapers before publication (no prior restraint).
Schechter Poultry Corp. v. United States (1935) — Limits on federal power
Vote: 9–0
Struck down parts of FDR’s New Deal, ruling that Congress had given too much power to the executive branch.
West Coast Hotel v. Parrish (1937) — Minimum wage laws upheld
Vote: 5–4
Upheld state minimum wage laws, marking a shift toward allowing more government regulation of the economy.
Korematsu v. United States (1944) — Japanese internment
Vote: 6–3
Upheld the government’s decision to intern Japanese Americans during World War II—now widely criticized as a violation of civil rights.
Everson v. Board of Education (1947) — Separation of church and state
Vote: 5–4
Applied the Establishment Clause to the states and supported the idea of a “wall of separation” between church and government.
Brown v. Board of Education (1954) — Ended school segregation
Vote: 9–0
Ruled that separating students by race in public schools is unconstitutional, overturning “separate but equal” and becoming a major victory for the Civil Rights Movement.
Gideon v. Wainwright (1963) — Right to a lawyer
Vote: 9–0
Decided that states must provide a lawyer to criminal defendants who cannot afford one, ensuring fair trials for all citizens.
Miranda v. Arizona (1966) — Required Miranda rights
Vote: 5–4
Ruled that police must inform suspects of their rights (like the right to remain silent) before questioning, protecting individuals from self-incrimination.
Tinker v. Des Moines (1969) — Student free speech
Vote: 7–2
Held that students do not lose their free speech rights at school, as long as their actions do not disrupt learning.
Roe v. Wade (1973) — Established abortion rights (later overturned)
Vote: 7–2
Recognized a constitutional right to abortion based on privacy, though this decision was later overturned in 2022.
United States v. Nixon (1974) — Limited presidential power
Vote: 8–0
Ordered President Nixon to turn over tapes during the Watergate scandal, confirming that the President is not above the law.
Regents of the University of California v. Bakke (1978) — Affirmative action limits
Vote: 5–4
Allowed colleges to consider race as one factor in admissions, but ruled that strict racial quotas are unconstitutional.
Texas v. Johnson (1989) — Flag burning protected speech
Vote: 5–4
Ruled that burning the American flag is protected under free speech, even if many people find it offensive.
Planned Parenthood v. Casey (1992) — Modified abortion rights
Vote: 5–4
Upheld the core of Roe v. Wade but allowed states to place some restrictions, as long as they did not create an “undue burden.”
Bush v. Gore (2000) — Decided 2000 election
Vote: 5–4
Stopped the Florida recount, effectively deciding the presidential election in favor of George W. Bush.
District of Columbia v. Heller (2008) — Gun rights clarified
Vote: 5–4
Ruled that the Second Amendment protects an individual’s right to own a firearm for self-defense, not just for militia service.
Citizens United v. FEC (2010) — Campaign spending
Vote: 5–4
Decided that corporations and unions can spend unlimited money on political campaigns, citing free speech protections.
National Federation of Independent Business v. Sebelius (2012) — Affordable Care Act
Vote: 5–4
Upheld most of the Affordable Care Act, including the individual mandate, by classifying it as a tax.
Shelby County v. Holder (2013) — Voting Rights Act limited
Vote: 5–4
Struck down a key part of the Voting Rights Act that required certain states to get federal approval before changing voting laws.
Obergefell v. Hodges (2015) — Same-sex marriage
Vote: 5–4
Ruled that same-sex couples have the constitutional right to marry, legalizing it nationwide.
Janus v. AFSCME (2018) — Union fees
Vote: 5–4
Decided that requiring public employees to pay union fees violates their First Amendment rights.
Carpenter v. United States (2018) — Digital privacy
Vote: 5–4
Ruled that police must get a warrant to access cell phone location data, expanding privacy protections in the digital age.
Dobbs v. Jackson Women’s Health Organization (2022) — Overturned Roe
Vote: 6–3
Overturned Roe v. Wade, ruling that the Constitution does not guarantee a right to abortion and returning the issue to the states.
Students for Fair Admissions v. Harvard (2023) — Affirmative action ended
Vote: 6–3
Ruled that most race-based college admissions policies are unconstitutional, significantly limiting affirmative action.
Trump v. United States (2024) — Presidential immunity
Vote: 6–3
Held that former presidents have some immunity from criminal prosecution for official acts, clarifying limits on presidential accountability.
