Judicial Branch
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JUDICIAL BRANCH THE SUPREME COURT OF THE UNITED STATES United States Supreme Court Building One First Street NE., Washington, DC 20543 Phone, 202±479±3000 Members: Chief Justice of the United States WILLIAM H. REHNQUIST Associate Justices JOHN PAUL STEVENS, SANDRA DAY O'CONNOR, ANTONIN SCALIA,A NTHONY M. KENNEDY, DAVID H. SOUTER, CLARENCE THOMAS,R UTH BADER GINSBURG, STEPHEN G. BREYER Officers: Clerk WILLIAM K. SUTER Reporter of Decisions FRANK D. WAGNER Librarian SHELLEY L. DOWLING Marshal DALE E. BOSLEY Article III, section 1, of the Constitution of the United States provides that ``[t]he 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 Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790. The Supreme Court comprises the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. Under that authority, and by virtue of act of June 25, 1948 (28 U.S.C. 1), the number of Associate Justices is eight. Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Article III, section 1, of the Constitution further provides that ``[t]he 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.'' A Justice may, if so desired, retire at the age of 70 after serving for 10 years as a Federal judge or at age 65 after 15 years of service. The Clerk, the Reporter of Decisions, the Librarian, and the Marshal are appointed by the Court to assist in the performance of its functions. Other Court officers, including the Administrative Assistant, the Court Counsel, the Curator, the Director of Data Systems, and the Public Information Officer, are appointed by the Chief Justice to assist him with the administrative aspects of his position. 67 VerDate 22-OCT-98 06:59 Oct 30, 1998 Jkt 177653 PO 00000 Frm 00067 Fmt 6997 Sfmt 6997 E:\JOURNAL\177653.009 pfrm01 PsN: 177653 68 U.S. GOVERNMENT MANUAL The library is open to members of the bar of the Court, attorneys for the various Federal departments and agencies, and Members of Congress. Only members of the bar of the Court may practice before the Supreme Court. The term of the Court begins, by law, the first Monday in October of each year and continues as long as the business before the Court requires, usually until about the end of June. Six members constitute a quorum. Approximately 7,000 cases are passed upon in the course of a term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice. Jurisdiction According to the and Fact, with such Exceptions, and Constitution (art. III, sec. 2), ``[t]he under such Regulations as the Congress judicial Power shall extend to all Cases, shall make.'' in Law and Equity, arising under this Appellate jurisdiction has been Constitution, the Laws of the United conferred upon the Supreme Court by States, and Treaties made, or which shall various statutes, under the authority be made, under their Authority;Ðto all given Congress by the Constitution. The Cases affecting Ambassadors, other public Ministers and Consuls;Ðto all basic statute effective at this time in Cases of admiralty and maritime conferring and controlling jurisdiction of Jurisdiction;Ðto Controversies to which the Supreme Court may be found in 28 the United States shall be a Party;Ðto U.S.C. 1251, 1253, 1254, 1257±1259, Controversies between two or more and various special statutes. Congress States;Ðbetween a State and Citizens of has no authority to change the original another State;Ðbetween Citizens of jurisdiction of this Court. different States;Ðbetween Citizens of the Rulemaking Power Congress has from same State claiming Lands under Grants time to time conferred upon the of different States, and between a State, Supreme Court power to prescribe rules or the Citizens thereof, and foreign of procedure to be followed by the States, Citizens or Subjects. lower courts of the United States. ``In all Cases affecting Ambassadors, Pursuant to these statutes there are now other public Ministers and Consuls, and in force rules promulgated by the Court those in which a State shall be Party, the to govern civil and criminal cases in the supreme Court shall have original district courts, bankruptcy proceedings, Jurisdiction. In all the other Cases before admiralty cases, appellate proceedings, mentioned, the supreme Court shall have and the trial of misdemeanors before appellate Jurisdiction, both as to Law U.S. magistrate judges. For further information concerning the Supreme Court, contact the Public Information Office, United States Supreme Court Building, One First Street NE., Washington, DC 20543. Phone, 202±479±3211. Lower Courts Article III of the Constitution declares, in office during good behavior, with no section 1, that the judicial power of the power in Congress to provide United States shall be invested in one otherwise.'' Supreme Court and in ``such inferior United States Courts of Appeals The Courts as the Congress may from time to courts of appeals are intermediate time ordain and establish.'' The Supreme appellate courts created by act of March Court has held that these constitutional 3, 1891 (28 U.S.C. ch. 3), to relieve the courts ``. .. share in the exercise of the Supreme Court of considering all appeals judicial power defined in that section, in cases originally decided by the can be invested with no other Federal trial courts. They are empowered jurisdiction, and have judges who hold to review all final decisions and certain VerDate 22-OCT-98 06:59 Oct 30, 1998 Jkt 177653 PO 00000 Frm 00068 Fmt 6997 Sfmt 6997 E:\JOURNAL\177653.009 pfrm01 PsN: 177653 JUDICIAL BRANCH 69 interlocutory decisions (18 U.S.C. 3731; judge of each circuit and a district judge 28 U.S.C. 1291, 1292) of district courts. elected from each of the 12 geographical They also are empowered to review and circuits, together with the chief judge of enforce orders of many Federal the Court of International Trade, serve as administrative bodies. The decisions of members of the Judicial Conference of the courts of appeals are final except as the United States, over which the Chief they are subject to review on writ of Justice of the United States presides. This certiorari by the Supreme Court. is the governing body for the The United States is divided administration of the Federal judicial geographically into 12 judicial circuits, including the District of Columbia. Each system as a whole (28 U.S.C. 331). circuit has a court of appeals (28 U.S.C. United States Court of Appeals for the 41, 1294). Each of the 50 States is Federal Circuit This court was assigned to one of the circuits, and the established under Article III of the Territories are assigned variously to the Constitution pursuant to the Federal first, third, and ninth circuits. There is Courts Improvement Act of 1982 (28 also a Court of Appeals for the Federal U.S.C. 41, 44, 48), as successor to the Circuit, which has nationwide former United States Court of Customs jurisdiction defined by subject matter. At and Patent Appeals and the United present each court of appeals has from 6 States Court of Claims. The jurisdiction to 28 permanent circuit judgeships (179 of the court is nationwide (as provided in all), depending upon the amount of by 28 U.S.C. 1295) and includes appeals judicial work in the circuit. Circuit from the district courts in patent cases; judges hold their offices during good appeals from the district courts in behavior as provided by Article III, contract, and certain other civil actions section 1, of the Constitution. The judge in which the United States is a senior in commission who is under 70 defendant; and appeals from final years of age (65 at inception of term), decisions of the U.S. Court of has been in office at least 1 year, and International Trade, the U.S. Court of has not previously been chief judge, Federal Claims, and the U.S. Court of serves as the chief judge of the circuit Veterans Appeals. The jurisdiction of the for a 7-year term. One of the justices of court also includes the review of the Supreme Court is assigned as circuit administrative rulings by the Patent and justice for each of the 13 judicial Trademark Office, U.S. International circuits. Each court of appeals normally Trade Commission, Secretary of hears cases in panels consisting of three Commerce, agency boards of contract judges but may sit en banc with all appeals, and the Merit Systems judges present. Protection Board, as well as rulemaking The judges of each circuit (except the of the Department of Veterans Affairs; Federal Circuit) by vote determine the review of decisions of the U.S. Senate size of the judicial council for the Select Committee on Ethics concerning circuit, which consists of the chief judge discrimination claims of Senate and an equal number of circuit and employees; and review of a final order district judges. The council considers the of an entity to be designated by the state of Federal judicial business in the President concerning discrimination circuit and may ``make all necessary and claims of Presidential appointees.