The United States Supreme Court
Starts it's 2008-2009 term two weeks from today, always the 1st Monday in October, here on the 6th.
http://www.supremecourtus.gov/
Three entities publish it's decisions, of course, the Court itself, such as: 442 US 200. The Reporter of decisions is responsible for such.
West publishes the Supreme Court Reporter, which is cited as, S.Ct.
United States Supreme Court Reports, Lawyers’ Edition, is published by LexisNexis and is more commonly known as Lawyers’ Edition and cited as L.Ed.
I personally prefer the L.Ed, as it is annotated and has legal encylcopedia references listed.
Until 1935 the Court did not have it's own building and met for many years in the U.S. Capitol, such as the Old Senate chamber, except when Philaldelphia and New York were the temporary permanent Capitals.
To date there have been 111 Justices on the court, inclusive of 17 Chief Justices, who are mainly nominated from outside the court, few are "promoted" from the bench, the # is only 4 or 5 since it's inception.
President Taft, after he left office, had a strong desire to serve on the Court and was nominated and confirmed by the Senate as Chief Justice, the only person to serve in both capacities. After office he was a Professor of Constitutional law at Yale, then nominated by Harding. Can you imagine having the President for a law instructor! Wow!
The CJ presides over an impeachment trial, as we saw CJ Rehnquist at the helm in Clinton's Senate trial. Of course he was aquitted. Andrew Johnson was aquitted in his trial by 1 vote.
On the west pediment of the court building it is inscribed "Equal Justice under law", so even a President can be removed for "high crimes and misdemeanors"!
Having visited the court several times over my life, it is a must see if one tours the Nation's capital. It sits east of the Capitol building on 1st st.
When court is not in session, at selected times, lectures are given in the public seating area inside the courtroom, which I have sat in on.
Presidential inaugurations were held on the east front of the Capitol facing the SC building until RR change it to the west front, puportedly to face California??
The history of the court alone is fascinating to study, but of course the decisions handed down affect the Country as a whole.
FDR attempted to increase the size of the court, but failed, it has held steadfast at 9 since the 1870's or so, being at 11 at one time and through attrition it has held at it's present #. There were only 6 Justices on the Original court in 1789.
Only 1 time in it's history did it conduct a "criminal trial" itself as a normal court would.
It is a discretionary appeals court, but has Original jurisdiction under the Constitution in such as matters that affect Ambassadors, disputes between 2 states, etc.
This is one of the most interesting 4th AM cases handed down IMO, as I cited above, 442 US 200. It defines what a traditional arrest is and clarifies the unanswered question in Morales. It is UNconstitutional to arrest someone on less than probable cause. There is NO such a doctrine in law as "arresting a person for questioning" "taking someone in for questioning" or "investigative detention", see Morales in the body.
Held:
1. The Rochester police violated the Fourth and Fourteenth Amendments when, without probable cause to arrest, they seized petitioner and transported him to the police station for interrogation. Pp. 442 U. S. 206-216.
http://supreme.justia.com/us/442/200/case.html
There is no constitutional or case law requirement a SC justice be a member of the Bar, but the ABA sends it's opinion of a nominee's qualifications to the Senate.
Re: The United States Supreme Court
If someone is guilty, then the unconstitutional usually turns contitutional by default. Which means, if the guy really was guilty of killing the pizza parlor owner the situation would have gone much smoother, with the killer doing much more than just presenting a scketch to some interrogators...
...Just my $2.00...
Re: The United States Supreme Court
Now if you want a really, really interesting case, the case when, in 1995, the DA's daughter (san diego county) runs a light at 70MPH while DUI and kills a bicycle rider...
The DA (somehow) gets her sentenced 30-days house arrest.
...Talk about privileged, and being above the law. You kill someone and get grounded for 30 days... :(
Re: The United States Supreme Court
One of the high points of my legal career was being sworn in before the Supreme Court in 1990 just prior to an oral argument we had that day. It is quite a humbling experience to be just feet away from the Justices and to witness the oral argument process. As an attorney I have great respect for that institution and to me it has always represented the pinnacle of our profession.
When I go back there from time to time I always make it to the gift shop to at least get the latest guide of the Justices and their biographies.
I have noted over the years that the construction on and around the building seems to be an ongoing process but maybe it will be finished some day. It is one of those places that everyone in their lifetime should visit at least once.
Re: The United States Supreme Court
Quote:
Quoting
Litigator
One of the high points of my legal career was being sworn in before the Supreme Court in 1990 just prior to an oral argument we had that day. It is quite a humbling experience to be just feet away from the Justices and to witness the oral argument process. As an attorney I have great respect for that institution and to me it has always represented the pinnacle of our profession.
Wow, that is something. I had the extreme pleasure of sitting in on an oral argument once during the Burger court and it was a thrill, trust me. So I did see William O. Douglas, the longest serving member of the court to date, with the great John Marshall a very close 2nd.
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When I go back there from time to time I always make it to the gift shop to at least get the latest guide of the Justices and their biographies.
I always visit the gift shop. I have a pencil in the shape of a gavel!!
The caferteria is a must visit too!! :)
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I have noted over the years that the construction on and around the building seems to be an ongoing process but maybe it will be finished some day. It is one of those places that everyone in their lifetime should visit at least once.
Are you refering to the Capitol underground visitor center under construction? It is ready to open soon.
Now, next time I visit DC that will be a TOP priority for means as the Capitol building is awesome.
Last time I was there I made it a point to sit in the Senate Gallery no matter how long I had to wait in line, and it was over an hour. I had done that before though and saw Howard Baker, Ted Kennedy, who was there last time, and William Proxmire and Robert Byrd. Byrd is now pro tem and 3rd in line of succession.
This time, I saw Bill Frist, Harry Reid, Trent Lott, and in strolled John McCain and then Ted Kennedy. I was hoping Hillary would shuffle in, but no.
After sitting there about 25 minutes they recessed. I strolled over to the House gallery and sat awhile, they were also in recess, but I hung around a little while anyway.
BOR *Bill of Rights*
Re: The United States Supreme Court
At some points it was construction concerning the building itself that was occurring. It may have been the underground visitor center that was under construction the last time I was there but it just seems like every time I was there they had some kind of contruction project going on and I wanted to visit one time when it was all done--if that is possible. I guess it is all a part of progress.