writs of certiorari

Examples of writs of certiorari in the following topics:

• Types of Courts

  • They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts.
  • They can make a ruling of their own on the case, or choose to accept the decision of the lower court.
  • The highest court is the Supreme Court of the United States, which is considered the court of last resort .
  • This means that the Court, through granting of writs of certiorari, can choose which cases to hear.
  • There is generally no right of appeal to the Supreme Court.

• The Supreme Court and the Burden of Proof

  • Allowing a case to come before the court is called granting a writ of certiorari or granting cert.
  • The names of all of the cases that come before the court are structured as Petitioner v.
  • For example, in the case of Roe v.
  • Wade (1973), the case that established federal abortion law in some instances of pregnancy became law by a vote of 7-2.
  • The part of the opinion that address the majority vote and the new law of the land is called the majority opinion, while the part of the opinion that describes the rationale for the minority voters is called the dissent.

• The Supreme Court

  • It is currently composed of the Chief Justice of the United States and eight associate justices.
  • Initially, The Judiciary Act of 1789 called for the appointment of six justices.
  • However, only about 1% of the Supreme Court's cases consist of these cases.
  • Cases that come to the Supreme Court as appeals begin as a writ of certiorari, which is a petition to the Supreme Court to review the case.
  • To manage the high volume of cert petitions received by the Court each year, the Court employs an internal case management tool known as the "cert pool. " Each year, the Supreme Court receives thousands of petitions for certiorari; in 2001 the number stood at approximately 7,500, and had risen to 8,241 by October Term 2007.

• Constitutional Limits

  • The United States adheres to the principles of a constitutionally limited government in the three branches of government.
  • Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law."
  • The Supreme Court has developed a system of doctrine and practice that self-limits is power of judicial review.
  • The Court controls almost all of its business by choosing what cases to consider, writs of certiorari.
  • Uncodified constitutions are the product of an "evolution" of laws and conventions over centuries.

• Federal Jurisdiction

  • For subject matter jurisdiction, the claims in the case must either: raise a federal question, such as a cause of action or defense arising under the Constitution; a federal statute, or the law of admiralty; or have diversity of parties.
  • Court[s] must take great care to 'resist the temptation' to express preferences about [certain types of cases] in the form of jurisdictional rules.
  • The law of jurisdiction must remain apart from the world upon which it operates."
  • Eventually, a petition for certiorari may be sent to the Supreme Court.
  • If the Supreme Court grants certiorari and accepts the case, it will receive written briefs from each side (and any amicae curi or friends of the court—usually interested third parties with some expertise to bear on the subject) and schedule oral arguments.

• The Last Days of the Federal Presidency: The Midnight Judges

  • Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
  • Chief Justice Marshall ruled that the Constitution did not grant the Supreme Court power to issue such writs.
  • However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
  • Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.
  • Therefore, although Federalist party quietly dissolved in the early nineteenth century, judicial review established an enduring legacy of the Federalist vision of government that continues to guide the federal system.

• The 17th Amendment

  • The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
  • The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
  • When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
  • This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
  • State the change in the manner of electing Senators effected by the 17th Amendment

• Two Judicial Revolutions: The Rehnquist Court and the Roberts Court

  • William Rehnquist served as an Associate Justice on the Supreme Court of the United States, and later as the 16th Chief Justice of the United States.
  • Considered a conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states.
  • He also successfully lobbied Congress in 1988 to give the Court control of its own docket, cutting back mandatory appeals an certiorari grants in general.
  • The Roberts Court refers to the Supreme Court of the United States since 2005, under the leadership of Chief Justice John G.
  • On October 3, he took the judicial oath provided for by the Judiciary Act of 1789, prior to the first oral arguments of the 2005 term.

• Powers Denied to Congress

  • Congress has numerous prohibited powers dealing with habeas corpus, regulation of commerce, titles of nobility, ex post facto and taxes.
  • Section 9 of Article 1 of the U.S.
  • The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
  • No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time.
  • No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

• Marbury v. Madison

  • Supreme Court decision in which the Court established the basis for the exercise of judicial review in the United States under Article III of the Constitution.
  • Marbury was one of the "midnight judges" appointed by Adams after he'd lost the election of 1800, but prior to the actual inauguration of Thomas Jefferson.
  • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
  • Madison, refers to the establishment of the principle of judicial review.
  • Describe the shape of the boundary that Marbury v.