Taking Back Our Stolen History
Supreme Court of the United States
Supreme Court of the United States

Supreme Court of the United States

(SCOTUS) is the highest court of the judiciary of the United States of America. Alexander Hamilton originally described the federal judiciary as the “least dangerous branch” due to the fact that it does not have the power to enforce its rulings, or control the country’s finances.[2] However, due to liberal tendencies the Supreme Court has grabbed so much power in the last half-century that it currently exceeds the authority of the other branches of government. The Supreme Court hears and decides fewer and fewer cases: 150 per year in the mid-1900s, to only 80-90 cases in 1990s and 2000s, to only 60-70 around 2020, and then only 50-60 cases in 2022.[3]

“If the … president doesn’t place morally sound Christians on the bench of our highest court of this land, we might as well look for a new country to raise our children in. The Reagan and George H. Bush administrations failed us when they nominated “moderates” to the bench and the Clinton administration further disappointed us with the nomination of Judge Ginsburg. The … presidential administration will determine the path the United States will take. Will it be path of light, or further darkness?” — Anthony A. Falzarano

Starting in 1791, the Supreme Court met in the Old City Hall building in Philadelphia. The size of the court was set at nine in the Judiciary Act of 1869. Between 1800 and 1935, it met primarily in the basement of the United States Capitol building, then in the Old Senate Chamber, until it moved into its present location at One First Street NE, Washington, D.C.

The Constitution does not specify the number of Justices on the Court. The Judiciary Act of 1869 set the number at the current nine, consisting of eight Associate Justices and one Chief Justice. To assist them there are many clerks, guards, and staff. Historians generally divide Court history into eras named after the Chief Justice then presiding (e.g., the Rehnquist Court and the Warren Court).

Justices are appointed by the U.S. President with the advice and approval of the U.S. Senate, which means that confirmation by a vote of a simple majority of the Senate is required before one can be sworn in as a Justice of the Supreme Court. There is no requirement that, whenever The Chief Justice’s seat is vacant, that the nominee be a member of the Court, though it is common.

A list of pending cases to be heard on their merits by the Supreme Court, also known as petitions for which certiorari has been granted, is available on its website.

With the exception of a few cases (mainly involving disputes between states) where the Court has original jurisdiction, a party to a case from a lower court (either a Federal appellate court, or a state supreme court if the party is arguing that a United States Constitutional right was violated) must request the court to grant a writ of certiorari to hear the case.

The Court grants the writ in only about one out of every 100 petitions filed with it each year. And when granted, not all cases result in an actual court hearing: the court may grant the writ in a case similar to one where the Court did render an opinion, but then instead of a hearing will remand (return to the lower court) the case to reconsider its decision in light of the Court’s opinion in the similar case (this is common if the opinion was rendered either during a term of the Court or the immediately preceding prior term).

When a case is heard, the Court hears the cases en banc (as opposed to lower level courts where a panel may hear the case). Time limits are very strict, usually only one hour (divided between the parties) is granted (though, in some exceptional cases, extra time may be granted) and the parties are frequently interrupted by a Justice asking a question or making a comment (though notably, Justice Clarence Thomas had a long period where he didn’t ask a question from the bench).

Prior to the Marshall Court, the Court issued opinions in seriatim. This means that each Justice wrote his own opinion and delivered it from the bench. Currently, the Court issues one opinion, said to be “the opinion of the Court”. Opinions tend to have the history of the case, followed by the Court’s reasoning and action. Generally the opinion will be written by a member of the majority, chosen by either the Chief Justice or the most senior Justice in the majority.

When a majority of Justices agrees to the opinion, it is called the majority opinion. Occasionally, a majority of Justices agrees to the remedy, yet a minority of Justices agrees with the main opinion. This is called a plurality opinion.

Justices that disagree with the Court’s action can and frequently do write dissenting opinions, which state their objections to the ruling. When a Justice agrees with an action, but not the reasoning behind it, he may write a concurring opinion, which states the reasoning he would have used. Such opinions have no bearing on the case at bar, but are often used later in time as justification for legal rulings.

Current members

NameDate of AccessionAppointed byTitleGeneral ideology
Clarence ThomasOctober 23, 1991George H. W. BushAssociate Justiceconservative
Stephen BreyerAugust 3, 1994Bill ClintonAssociate Justiceliberal
John RobertsSeptember 29, 2005George W. BushChief Justicemoderate/liberal
Samuel AlitoJanuary 31, 2006George W. BushAssociate Justiceconservative
Sonia SotomayorAugust 6, 2009Barack ObamaAssociate Justiceliberal
Elena KaganAugust 7, 2010Barack ObamaAssociate Justiceliberal
Neil GorsuchApril 10, 2017Donald TrumpAssociate Justiceconservative
Brett KavanaughOctober 6, 2018Donald TrumpAssociate Justiceconservative
Amy Coney BarrettOctober 26, 2020Donald TrumpAssociate Justiceconservative

Source: Conservapedia

Chronological History of Events Related to SCOTUS

Church of the Holy Trinity v. United States: Supreme Court Decides America is a Christian Nation!

Church of the Holy Trinity v. United States: Supreme Court Decides America is a Christian Nation!

In a day and age where there is much discussion and debate over our Christian heritage, who better to settle the argument as to whether or not the United States of America was founded as a Christian nation than the United States Supreme Court — the ultimate authority and final arbiter. What if I told you the modern day argument between the secular progressives and Christian ...
The Supreme Court Rules in Reynolds v. United States making it a Crime to Practice Polygamy

The Supreme Court Rules in Reynolds v. United States making it a Crime to Practice Polygamy

Reynolds v. United States (1878) was a test case put forward by the Church of Jesus Christ of Latter-Day Saints (the Mormons) in an attempt to prove that the Morrill Act of 1862 was a violation of the First Amendment’s guarantee of the free exercise of religion. It was the first of a series of cases in which the U.S. Supreme Court rejected the Mormons’ First ...
Ku Klux Klan Act passed by Congress

Ku Klux Klan Act passed by Congress

With passage of the Third Force Act, popularly known as the Ku Klux Act, Congress authorizes President Ulysses S. Grant to declare martial law, impose heavy penalties against terrorist organizations and use military force to suppress the Ku Klux Klan (KKK). Founded in 1865 by a group of Confederate veterans, the KKK rapidly grew from a secret social fraternity to a paramilitary force of democrats bent on reversing the federal ...
14th Amendment to the Constitution is Adopted

14th Amendment to the Constitution is Adopted

The Fourteenth Amendment to the U.S. Constitution is one of the most important and most frequently cited amendments in American jurisprudence, and its applicability, as well as its definition, have been shaped by a number of landmark cases. Ratified in 1868, after the conclusion of the Civil War, the Fourteenth Amendment grants citizenship to every individual born or naturalized in the United States and as well ...
Videl v. Girard: US Supreme Court Rules that American Schools are to Teach Morals and Christianity Using the Bible in Schools

Videl v. Girard: US Supreme Court Rules that American Schools are to Teach Morals and Christianity Using the Bible in Schools

In 1844 in Philadelphia, a school took an unprecedented position: it would teach its students morality, but not Christianity. The Court ruled it could not do so--the Bible and Christianity must be included: "Why may not the Bible, and especially the New Testament ... be read and taught as a divine revelation in the [schools]--its general precepts expounded. . . and its glorious principles of morality ...
Amistad Rebellion: Sengbe Pieh and 56 fellow Africans Mutiny Aboard the Ship La Armistad enroute to Cuba

Amistad Rebellion: Sengbe Pieh and 56 fellow Africans Mutiny Aboard the Ship La Armistad enroute to Cuba

On July 2, 1839, Sengbe Pieh and 56 fellow Africans mutiny aboard the ship La Armistad enroute to Cuba. The ship is captured off Long Island, NY, and the resulting U.S. Supreme Court case rules that since the importation of slaves into the United States had been prohibited since 1808, the mutineers are to be freed. In 1839 slave traders kidnapped Pieh while he was working in the ...
The Liberty Bell is Cracked at the Funeral of Chief Justice John Marshall who Usurped the Constitution with the God-like Power of "Judicial Review"

The Liberty Bell is Cracked at the Funeral of Chief Justice John Marshall who Usurped the Constitution with the God-like Power of “Judicial Review”

The most common story is that the Liberty Bell cracked July 8, 1835, while being rung at the funeral of Chief Justice John Marshall, perhaps as a portent. John Marshall, the longest-serving Chief Justice, began the trend of increasing the Supreme Court’s power by using an expansive reading of the enumerated powers, thereby advancing the view of the supremacy of the Supreme Court through “judicial review.” ...
Little v. Barreme: SCOTUS Finds that the POTUS does not have "Inherent Authority" or "Inherent Powers" that Allow him to Ignore a Law Passed by the US Congress

Little v. Barreme: SCOTUS Finds that the POTUS does not have “Inherent Authority” or “Inherent Powers” that Allow him to Ignore a Law Passed by the US Congress

Many people know the first  Supreme Court decision to declare an act of Congress unconstitutional (It's Marbury, of course), but few people could identify the Court's first decision declaring Executive Branch action to be unconstitutional.  Little v Barreme (1804), called the Flying Fish case, involved an order by President John Adams, issued in 1799 during our brief war with France,  authorizing the Navy to seize ships ...
Marbury v. Madison: The Supreme Court Case that introduced Judicial Review

Marbury v. Madison: The Supreme Court Case that introduced Judicial Review

The first pivotal case by a young U.S. Supreme Court was Marbury v. Madison – a landmark case in United States law and in the history of law worldwide. It formed the foundation for the exercise of judicial review in the United States under Article III of the Constitution. This was the first time in Western history a court invalidated a law by declaring it “unconstitutional” ...
Washington's Thanksgiving Proclamation: America's First Federal Thanksgiving

Washington’s Thanksgiving Proclamation: America’s First Federal Thanksgiving

On October 3rd, 1789, following a resolution of Congress, President George Washington proclaimed Thursday the 26th of November 1789 a day of “public thanksgiving and prayer” devoted to “the service of that great and glorious Being who is the beneficent Author of all the good that was, that is, or that will be.” Reflecting American religious practice, Presidents and Congresses from the beginning of the republic ...