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What does a Chief Justice do?
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The Chief Justice is the presiding officer of the Court, supervising the process of selecting the cases the Court will hear, the public sessions or hearings, the discussions of the cases at private conference, and the subsequent votes of the nine Justices (including the Chief Justice).
Judicial leadership requires that court operations be viewed from a systemwide perspective rather than just on a case-by-case basis. This includes concern about the needs of other judges and court staff.
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A high-level overview of the judicial branch and its power of judicial review.
The design of the judicial branch protects the Supreme Court’s independence as a branch of government. The Supreme Court wields the power of judicial review to check the actions of the other branches of government.
Federalist no. 78 (1788) - “The Judiciary Department,” written by Alexander Hamilton. In this essay advocating for the ratification of the US Constitution, Hamilton describes the proposed form for the new government’s judicial branch. He argues that judges should serve for life pending good behavior to ensure judicial independence, and that the judicial branch will be the “least dangerous” branch of government since it can neither wage war nor collect taxes. Hamilton also provides an early argument for the power of judicial review, stating that the courts’ duty is “to declare all acts contrary to . . . the Constitution void.”
Read the full text of Federalist No. 78
Article III - Article III of the US Constitution establishes the judicial branch of US government. It explicitly creates one Supreme Court, but gives Congress the power to create all other inferior courts. Article III guarantees judicial independence by granting lifetime appointments for justices and preventing Congress from lowering the salaries of sitting justices.
Marbury v. Madison (1803) — An early Supreme Court case that affirmed the Court’s power of judicial review by striking down a law made by Congress as unconstitutional. In his written opinion, Chief Justice John Marshall declared that “an act of the legislature repugnant to the Constitution is void.”
Constitutionalism - The federal courts use judicial review to determine whether the acts of Congress, the executive branch, and state governments comply with the Constitution. This exemplifies the principle of checks and balances by ensuring that the other branches of government cannot act outside the bounds of the Constitution without consequence.
The judicial branch also demonstrates the importance of separation of powers, as lifetime appointments for justices and bans on salary decreases for sitting justices ensure the judicial branch’s independence from the interference of the other two branches.
What is judicial review? Can you explain it in your own words?
Did the Framers intend for the Supreme Court to have the power of judicial review? How do we know?
Do you agree with Hamilton’s belief that the judicial branch is the “least dangerous” branch of government? Why or why not?
[Notes and attributions]
The Supreme Court developed the Constitutional Avoidance Doctrine to minimize concerns about unelected federal judges setting aside Congress’s laws on constitutional grounds. Underlying the Constitution is the principle that government legitimacy depends on the consent of the people.
Feb 17, 2022 · A chief justice is more than just a court’s figurehead: they are responsible for defending and promoting the court’s institutional integrity, and this must be taken into account when appointing...
Mar 17, 2005 · However, the Chief Justice is also “first among equals” and exercises a unique leadership role as the presiding officer of the Court, as the manager of the Court’s overall operations, and as head of the federal judicial branch of government.
Comprised of a small group of justice leaders who have served as ministers of justice, international judges, or chief justices, they share first-hand experience with leading change at the highest political level, and a strong commitment to delivering justice.
