Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P46 docx

at odds over their conflicting policies, and Sumner supported the IMPEACHMENT of the president in 1868. Sumner did not fare any better with the new administration of President ULYSSES S. GRANT.He opposed Grant’s policy to annex Santo Dom- ingo and demanded large reparations from Great Britain because that country had aided the CONFEDERACY during the Civil War by supplying ships. Secretary of State Hamilton Fish spoke against Sumner’s policy toward the British, saying that it interfered with current relations with that country. In 1871 Sumner was asked to leave his post as chair of the Foreign Relations Committee, but he remained in the Senate until his death on March 11, 1874, in Washington, D.C. FURTHER READINGS Barnico, Thomas A. 2000. “Massachusetts Lawyers and the Impeachment of Andrew Johnson.” Massachusetts Legal History 6. Donald, David Herbert. 1996. Charles Sumner. New York: Da Capo Press Taylor, Anne-Marie. 2001. Young Charles Sumner and the Legacy of the American Enlightenment, 1811–1851. Amherst: Univ. of Massachusetts Press. CROSS REFERENCES Abolition; Kansas-Nebrask a Act; Slavery; Reconstruction. SUMPTUARY LAWS Rules made for the purpose of restraining luxury or extravagance. Sumptuary laws are designed to regulate habits, especially on moral or religious grounds. They are particularly directed aga inst inordinate expenditures on apparel, drink, food, and luxury items. These laws existed in Rome and w ere enacted in a variety of forms in England during the Middle Ages to regulate the orn ateness of dress and to impose dietary restrictions. Sump- tuary laws varied according to classes, with peasants being subjected to a different set of rules than the gentry. The primary purpose of the laws was to distinguish the different classes of people, and often, a person’s social class could be determined by something as simple as the style or length of his or her coat. In the early 2000s, sumptuary laws are ecclesiastical in nature and not part of the U.S. legal system. SUNDAY CLOSING LAWS See BLUE LAWS. SUNSET PROVISION A statutory provision providing that a particular agency, benefit, or law will expire on a particular date, unless it is reauthorized by the legislature. Federal and state governments grew dra- matically in the 1950s and 1960s. Many EXECUTIVE BRANCH administrative agencies were established to oversee government programs. The escalation of government budgets and the perception that government bureaucracy was not accountable led Congress and many state legislatures in the 1970s to enact “sunset” laws. Sunset laws state that a given agency will cease to exist after a fixed period of time unless the legislature reenacts its statutory charter. Sunset provisions differ greatly in their details, but they share the common belief that it is useful to compel the Congress or a state legislature to periodically reexamine its delega- tions of authority and to assess the utility of those delegations in the light of experience. There are two types of sunset provisions. In some instances the statute creating a particular ADMINISTRATIVE AGENCY contains a sunset provi- sion applicable only to that agency. In other instances a state may enact a general sunset law that may eliminate any agency that is unable to demonstrate its effectiveness. Sunset provisions have had a checkered history. Although they were popular at the state level in the 1970s and early 1980s, sunset laws have prod uced mixed results, and many states have repealed ineffe ctive sunset legislation. Few agencies have been terminated under sunset provisions, in part because agencies develop constituents who do not want the service to end. In addition, the cost of disbanding agencies and reassigning work can be expensive. Attempts to pass a federal sunset law in the 1990s, which would have required formal reauthorization of federal programs every ten years, were unsuccessful. Advocates of account- ability have abandoned the idea of “sunsetting” agencies and have sought to strengthen agency reauthorization requirements by incorporating rigorous performance measurements and enfor- cing appropriate discipline in government. In addition to their application to govern- ment agencies, sunset provisions have been GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 438 SUMPTUARY LAWS applied to laws themselves and to benefits, such as immigration benefits. Without reauthoriza- tion by the legislature, the l aw or benefit ceases on a particular date. SUNSHINE LAWS Statutes that mandate that meetings of govern- mental agencies and departments be open to the public at large. Through SUNSHINE LAWS (also termed open meeting laws, public meeting laws, and open door laws), administrative agencies are required to do their work in public, and as a result, the process is sometimes called “government in the sunshine.” A law that requires open meetings ordinarily specifies the only instances when a meeting can be closed to the public and mandates that certain procedures be followed before a particular meeting is closed. The FREEDOM OF INFORMATION ACT (5 U.S.C.A. § 552) requires agencies to share information they have obtained with the public. Exceptions are permit- ted, in general, in the interest of national security or to safeguard the privacy of businesses. CROSS REFERENCES Administrative Agency; Administrative Law and Procedure. SUPERIOR One who has a right to give orders; belonging to a higher grade. A superior is someone or something entitled to command , influence, or contro l. In the judicial system, a superior court has general or extensive jurisdiction, as opposed to an INFERIOR COURT . A superior court bears a different meaning in different states. In some states, it is a tribunal of intermediate jurisdiction be- tween the trial courts and the chief appellate court; in other states, however, it is the name given to trial courts. In the law of NEGLIGENCE, a superior force is an uncontrollable and irresistible force that produces results that could not be avoided. In real property, a holder of a superior estate has an EASEMENT, or a nonpossessory interest in land, in an inferior estate. SUPERSEDE To obliterate, replace, make void, or useless; To annul or or repeal a provision by taking the place of it. Superseding Law A statute may be repealed or superseded by express provision of a later statute. In most jurisdictions, a statute is not deemed superseded in whole or in part unless the later statute does so by clear and express words. Even in jurisdictions that recognize that statutes may be superseded by implication, as when a later statute is inconsistent with the practical opera- tion of an earlier statute, repeal by implication is not favored. Still, it is assumed that when a legislature enacts a statute in an area covered by a prior statute, the legislature has in mind the prior statute, such that statutes on same subject must be construed together so that effect is given to every provision unless there is irreconcilable conflict between statutes, in which case the later statute supersedes the earlier. Superseding Cause A superseding cause is an act of a third person or some intervening force that prevents a TORTFEA- SOR from being held liable for harm to another. For proximate-cause purposes, a superseding cause occurs only when an intervening act so entirely supplants the operation of the initial tortfeasor’s NEGLIGENCE that the intervening act alone, without any contributing negligence by the initial tortfeasor in the slightest degree, causes the injury; therefore, a superseding cause is a new cause of a plaintiff’s injury, becoming the only PROXIMATE CAUSE of that injury. Superseding Act A superseding act is one that in sulates an actor from responsibility for negligently causing a dangerous condition that results in an injury to the PLAINTIFF. An act is a “superseding act” that relieves a DEFENDANT of liability for the plaintiff’s injuries if it is extraordinary under circum- stances, not foreseeable in the normal course of events, or independent of or far removed from defendant’s conduct. Thus, it was a question for the jury whether the injuries suffered by a tenant when a closet door fell on her were caused by the tenant’s action in attempting to rehang the door or by the landlord ’s failure to fix the door after having been notified several times that it was broken. The jury would be asked to determine whether it was reasonably foreseeable that a tenant would have attempted to fix a broken door herself when the landlord failed to respond to her requests to repair it. Jackson v. New York City Housing Authority, 214 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION SUPERSEDE 439 A.D.2d 605, 624 N.Y.S.2d 720, (N.Y.A.D. 2 Dept. 1995) CROSS REFERENCES Legislation; Negligence; Proximate Cau se. SUPERSEDEAS The name given to a writ, a court order, from a higher court commanding a lower court to suspend a particular proceeding. A SUPERSEDEAS is a writ that suspends the authority of a trial court to issue an execution on a judgment that has been appealed. It is a process designed to stop enforcement of a trial court judgment brought up for review. The term is often used interchangeably with a stay of proceeding. A supersedeas bond is an instrument that is used during an appeal in order to protect an appellee from loss during the stay of an execution of a judgment. An appellant deposits it with the court in order to protect its assets while the appeal is pending, and the stay takes effect when the court approves the bond. See, for example, Miami International Realty Co. v. Paynter & Hensick, P.C., 807 F. 2d 871 (1986), in which the U.S. Court of Appeals for the 10th Circuit held that the district court “did not err in granting a stay without a supersedeas bond for the full amount” of a judgment when the defendant did not subsequently have sufficient assets to post such a bond, due to insurance coverage limits. The requirements for the posting of a supersedeas bond vary by state, and the amount in some jurisdictions may be lower than the full amount of damages awarded, particularly if a bond in the full amount of damages could cause severe financial harm to the APPELLANT during the appeal. SUPERVENING Unforeseen, inter vening, an additional event or cause. A supervening cause is an event that operates independently of anything else and becomes the PROXIMATE CAUSE of an accident. For an event to fall within the doctrine of supervening NEGLIGENCE, also known as LAST CLEAR CHANCE , four conditions must be satisfied. These conditions are that the injured party has already come into a perilous position; the TORTFEASOR in the exercise of ordinary prudence becomes or ought to have become aware that the party in peril cannot safely avoid injury; the tortfeasor has the opportunity to save the other person from harm; and he or she fails to exercise such care. In the law of contracts, a supervening illegality (i.e., a law that proscribes the activity to occur under the contract, perhaps even a law passed after the format ion of the contract, such as any trade sanctions imposed during times of war) will operate to prevent performance. Under such circumstances, a contract is said to have been “frustrated.” SUPPLEMENTARY PROCEEDINGS A proceeding in which a JUDGMENT DEBTOR is summoned into court for questioning by a JUDGMENT CREDITOR who has not received payment. A supplementary proceeding provides the creditor with a chance to discover whether the debtor has any money or property that can be used to satisfy the judgment. If the debtor is found to have money or property, the court can order the debtor to use it to satisfy the judgment. SUPPORT As a verb, furnishing funds or means for maintenance; to maintain; to provide for; to enable to continue; to carry on. To provide a means of livelihood. To vindicate, to maintain, to defend, to uphold with aid or countenance. As a nou n, that which furnishes a livelihood; a source or means of living; subsistence, sustenance, maintenance, or living. Support includes all sources of living that enable a person to live in a degree of comfort suitable and befitting her station in life. Support encompasses housing, food, clothing, health, nursing, and medical needs, along with ade- quate recreation expenses. Most states impose a legal duty on an individual to support his or her spouse and children. CROSS REFERENCES Alimony. Child Support. SUPPRESS To stop somethi ng or someone; to prevent, prohibit, or subdue. To suppress evidence is to keep it from being admitted at trial by showing either that it was illegally obtained or that it is irrelevant. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 440 SUPERSEDEAS SUPRA [Latin, Above.] A term used in legal research, generally in footnotes, to indicate that the matter under current consideration has appeared in the preceding pages of the text in which the reference is made. The corresponding indica tion infra refers to matter discussed below a particular point in a document. Supra is often used as a shorthand method of citing a work by an author who has already been cited. SUPREMACY CLAUSE Article VI, Section 2, of the U.S. Constitution is known as the supremacy clause because it provides that the “Constitution, and the Laws of the United States shall be the supreme Law of the Land.” It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. The concept of federal supremacy was developed by Chief Justice John Marshall, who led the Supreme Court from 1801 to 1835. In McCulloch v. Maryland, 17 U.S. [4 Wheat.] 316, 4 L. Ed. 579 [1819]), the Court invalidated a Maryland law that taxed all banks in the state, including a branch of the national bank located at Baltimore. Marshall held that although none of the enumerated powers of Congress explicitly authorized the incorporation of the national bank, the necessary and proper clause provided the basis for Congress’s action. Having estab- lished that the exercise of authority was proper, Marshall concluded that “the government of the Union, though limited in its power, is supreme within its sphere of action.” After the U.S. CIVIL WAR, the Supreme Court was more supportive of STATES’ RIGHTS and used the TENTH AMENDMENT, which provides that the powers not delegated to the federal government are reserved to the states or to the people, to justify its position. It was not until the 1930s that the Court shifted its position and invoked the supremacy clause to give the federal government broad national power. The federal government cannot involuntarily be subjected to the laws of any state. The supremacy clause also requires state legislatures to take into account policies adopted by the federal government. Two issues arise when STATE ACTION is in apparent conflict with federal law. The first is whether the congressional action falls within the powers granted to Congress . If Congress exceeded its authority, the congressional act is invalid and, despite the supremacy clause, has no priority over state action. The second issue is whether Congress intended its policy to supersede state policy. Congress often acts without intent to preempt state policy making or with an intent to preempt state policy on a limited set of issues. Congress may intend state and federal policies to coexist. Some federal legislation preempts state law, however, usually because Congress believes its law should be supreme for reasons of national uniformity. For example, the National Labor Relations Act of 1935 ( WAGNER ACT) (29 U.S.C.A. § 151 et seq.) preempts most state law dealing with labor unions and labor-management relations. In Pennsylvania v. Nelson (350 U.S. 497, 76 S. Ct. 477, 100 L. Ed. 640 [1956]), the Supreme Court developed criteria for assessing whether federal law preempts state action when Con- gress has not specifically stated its intent. These criteria include whether the scheme of federal regulations is “so pervasive as to make the inference that Congress left no room for the States to supplement it,” whether the federal interest “is so dominant that the federal system [must] be assumed to preclude enforcement of state laws on the same subject,” or whether the enforcement of a state law “presents a serious danger of conflict with the administration of the federal program.” The Supreme Court revisited the supremacy clause in 2008. In Rowe v. New Hampshire Motor Transport Association, __U.S.__, 128 S. Ct. 989, 169 L.Ed.2d (2008), the state of Maine’s desire to prevent minors from obtaining tobacco products ran up against a federal law that deregulated the trucking industry. Provi- sions of the state law placed obligations on trucking firms that the firms said placed unfair burdens on them. The Supreme Court agreed with several trucking associations who brought suit, ruling that the state law was invalid as it was preempted by the federal trucking law. The Court in Altria Group, Inc. v. Good, __U.S.__, 129 S. Ct. 538, 172 L.Ed.2d 398 (2009), held that Federal Cigarette Labeling and Advertising Act did not preempt a Maine statute that allowed lawsuits against tobacco companies for fraudulently advertising that their so-called GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION SUPREMACY CLAUSE 441 light cigarettes delivered far less tar and nicotine than regular cigarettes. In this case, the Court concluded that the state law was no t preempted. The police powers of the state were not to be superseded by a federal law unless “that was the clear and manifest purpose of Congress,” and the Labeling Act was not directed at state FRAUD laws. In Haywood v. Drown, __U.S.__, 129 S. Ct. 2108, 173 L.Ed.2d 920 (2009), the Supreme Court used the supremacy clause to throw out a New York law that prohibited state trial courts from hearing any federal CIVIL RIGHTS lawsuits for damages filed by inmates against correction officers. The only way New York could justify its law was by demonstrating it was a “neutral rule of judicial administration.” Otherwise, the states lack the authority “to nullify a federal right or CAUSE OF ACTION they believe is inconsistent with their local policies.” The Court concluded that the law was not neutral and was contrary to the intent of Congress that all persons who violate federal rights while acting under color of state law should be held liable for damages. FURTHER READINGS Clark, Bradford R. 2003. “The Supremacy Clause as a Constraint on Federal Power.” George Washington Law Review 71 (February). Clinton, Robert N. 2002. “There Is No Federal Supremacy Clause for Indian Tribes.” Arizona State Law Journal 34 (spring). Lewis, Harold Jr., and Elizabeth Norman. 2004. Civil Rights Law and Practice. St. Paul, Minn.: West Group. Palmer, John. 2006. Constitutional Rights of Prisoners. 8th ed. Cincinnati, Ohio: Anderson. Waxman, Seth P., and Trevor W. Morrison. 2003. “What Kind of Immunity? Federal Officers, State Criminal Law, and the Supremacy Clause.” Yale Law Journal 112 (June). CROSS REFERENCES Federalism; Preemption. SUPREME COURT A supreme court is an appellate tribunal with high powers and broad authority within its jurisdiction. The U.S. govern ment and each state gov- ernment has a supreme court, though some states have given their highest court a different name. A supreme court is the highest court in its jurisdiction. It decides the most important issues of constitutional and statutory law and is intended to provide legal clarity and consistency for the lower appellate and trial courts. Because a supreme court is the court of last resort, its decisions also produce finality. In addition, a supreme court oversees the administration of the jurisdiction’s judicial system. A supreme court is established by a provi- sion in the state or federal constitution. The legislative bodies of the jurisdiction enact statutes that create a court system and provide funding for it. A supreme court usually consists of five , seven, or nine judges, who are called justices. In the federal courts, the justices are appointed for life, whereas the states have a variety of selection methods. Typically the state governor will appoint a state supreme court justice, who then will stand for election within two years to serve a full term, which may be from six to twelve years. A judicial election may involve a contest between the justice and another candidate, or it may be a retention election, where the voters must decide whether the judge should be retained for another term. A supreme court consists of the justices, their administrative support staff, law clerks, and staff attorneys. As an appellate court, it is limited to reviewing trial proceedings and, if applicable, intermediate appellate court deci- sions. No new testimo ny is taken, and the arguments before the court by the parties are confined to points of SUBSTANTIVE LAW and procedure. A supreme court holds public proceedings, called oral arguments, in which the attorneys for the parties are given a short amount of time to advocate their positions and answer questions from members of the court. The justices, w ho have been briefed on the case prior to the oral arguments, conduct a confer- ence on the case following the oral arguments. At this meeting the justices express their opinions and vote on the case. The chief justice typically assigns a member of the court to write the majority opinion. Once a justice circulates an opinion to the court, the other justices are free to comment, criticize, and offer suggestions on how the opinion can be improved. The author of the opinion generally tries to accommodate the other justices’ ideas. How- ever, if a fundamental difference arises during the circulation process, justices may shift sides and change the outcome of the decision. At that point, a justice in the new majority will be assigned to write the opinion. A justice is always permitted to file a dissenting opinion if she disagrees with the outcome. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 442 SUPREME COURT Once the court releases an opinion, it is published in an official report. The decision of the court is generally final, absent special circumstances. If the court’s decision is based on an interpretation of a constitutional provi- sion, it is final unless the constitution is amended or the court reverses itself at some later time. This is rarely done. For example, the U.S. Supreme Court decision in Roe v. Wade 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 [1973]), legalized ABORTION based on a constitu- tional right of privacy. Those opposed to abortion have sought to have Congress pass a CONSTITUTIONAL AMENDMENT to overturn the decision or to convince the Court to reverse its decision, but without success. If a supreme court’s decision is based on statutory interpretation, its reading of legislative intent or purpose may be overridden by the legislature. A law can be enacted that “corrects” the court and directs it to honor specific intentions of the legislature. For example, Congress enacted the Lilly Ledbetter Fair Pay Act of 2009 (Pub. L 111-2), which overturned the Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Company, Inc. (550 U.S. 618, 127 S. Ct. 2162, 167 L.Ed.2d 982 [2007]) that required employees to file within 180 days of a specific allegedly discriminatory event, such as receiving a smaller raise because of her gender. In its finding, Congress stated that the Supreme Court ruling “significantly impairs statutory protections again st DISCRIMINA- TION in compensation that Congress established and that have been bedrock principles of American law for decades.” Congress made the law applicable not only to Title VII CIVIL RIGHTS claims but also to the AGE DISCRIMINATION in Employment Act, the Americans with Dis- abilities Act, and the Rehabilitation Act. Every supreme court has a procedure to limit the number of cases it hears. The U.S. Supreme Court uses a writ of CERTIORARI, which is a legal PLEADING that requests the Court to hear the case. State supreme courts have similar pleadings, sometimes called petitions for review, which also allow the court discretion in choosing cases to consider. Typically, cases are chosen to resolve conflicts in the lower courts or to decide new legal issues. Apart from discretionary review, supreme courts permit direct appeal, or appeal by right, on a limited set of cases. At the state level, appeals of first-degree MURDER and death penalty cases are heard by supreme courts, bypassing the intermediate court of appeals. The U.S. Supreme Court hears direct appeals of cases involving federal reapportionment, disputes between states, and a few other issues. Supreme courts also administer their judi- cial systems, overseeing the trial and intermedi- ate appellate courts. In addition, supreme courts enact the rules of procedure that govern the workings of their court systems. Examples include rules of civil, criminal, and appellate procedure, as well as rules of evidence. Most state supreme courts also oversee the admission of attorneys to the bar and discipline attorneys for ethical violations. CROSS REFERENCES Court Opinion; State Courts. SUPREME COURT HISTORICAL SOCIETY The Supreme Court Historical Society (the Society) is a nonprofit organization incorpo- rated in the District of Columbia. It is dedicated to expanding public awareness of the history and heritage of the SUPREME COURT OF THE UNITED STATES and to preserving historical documents and artifacts relating to the Court’s history. The Society conducts public and educational pro- grams, publishes books and periodicals, sup- ports historical research, and collects antiques and period pieces to enhance an appreciation of the history behind the U.S. Constitution and its first interpreters. It supports its programs through member contributions, grants, gifts, and a small endowment. The Society is located in the Opperman House on East Capitol Street in Washington, D.C. It also maintains its own website located at www.supremecourthistory. org. Founded in 1974 by the late Chief Justice WARREN E. BURGER, the Society has approximately 6,000 individual members who volunteer ser- vices on its standing and ad hoc committees; the committees report to an elected Board of Trustees. The Chief Justice of the United States serves as Honorary Chairman of the Society. Former Chief Justice Burger served as the Society’s first chairman. Retired Associate Justice BYRON R. WHITE is an honorary member of the Board of Trustees. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION SUPREME COURT HISTORICAL SOCIETY 443 The Society’s most ambitious historic proj- ect to date has been the research and publica- tion of the first six volumes of the Documentary History of the Supreme Court, 1789 to 1800. This series is projected to require at least two more volumes and represents the reconstruction of an accurate record of the development of the federal judiciary in the formative decade between 1789 and 1800. The series has been published by the Columbia University Press. Another scholarly publication is the Society’s Supreme Court of the United States 1789–1990: An Index to Opinions Arranged by Justice, which is updated periodically. The three-volume publi- cation is the only printed resource of all the opinions of each justice and thus provides easy reference to each individual’scontributiontothe United States Reports, the official record of the Court’s opinions. Additionally, a pilot program of oral recorded histories, documenting the careers and service of retired Supreme Court Justices, has been in progress. Thus far, the Society has completed oral histories of the late Associate Justices HARRY BLACKMUN, WILLIAM J. BRENNAN JR., THURGOOD MARSHALL,andLOUIS F. POWELL. Semi-annually, the Society publishes the Journal of Supreme Court History, which features articles by the justices, noted academicians, solicitors general, and other noted contributors. Special topic publications by the Society include The Supreme Court in the Civil War, The Jewish Justices of the Supreme Court Revisited: Brandeis to Fortas, and The Supreme Court in World War II. The Society’s quarterly newsletter for its members contains short historical articles and news of programs and activities. For the general public, the Society co- publishes an ongoing illustrated history of the Court, Equal Justice Under Law, in conjunction with the National Geographic Society. In cooperation with Congressional Quarterly, Inc., the Society published The Supreme Cou rt Justices: Illustrated Biographies, 1789–1995, a collection of biographies of 108 current and former justices. Another important part of the Society’s activities is its co-sponsorship of the National Heritage Lecture, rotating the hosting of the annual event with the White House Historical Association and the U.S. Capitol Historical Society. Along with Street Law, Inc., it also conducts the Supreme Court Summ er Institute, a program for secondary school teachers to help them develop in their students an awareness of their rights and duties as citizens. It has developed a special “landmark cases” volume as an education tool for teachers, that provides extensive information on some of the Court’s most important cases, many of which have been included in states’ standards for teaching history and government. In 2000 the Society launched a special initiative for high school teachers in the Washington, D.C., public schools. Finally, the Society conducts an acquisition program, working closely with the Court Curator’s office, to locate, acquire, and display the Court’s permanent collection of busts and portraits of justices, as well as period furnish- ings, original documents, and private papers, and other artifacts relating to the Court and its history. Many of these items are on displ ay or otherwise made available for the benefit of the Court’s one million annual visitors. FURTHER READING U.S. Supreme Court Historical Society Website. Avai- lable online at http://www.supremecourthistory.org (accessed August 26, 2009). SUPREME COURT OF THE UNITED STATES The Supreme Court of the United States is the highest federal court. Although it was explicitly recognized in Article III of the Constitution, it was not formally established until passage of the JUDICIARY ACT OF 1789 (1 Stat. 73) and was not organized until 1790. Though its size and jurisdiction have changed over time, the Supreme Court has fulfilled its two main functions: acting as the final interpreter of state and federal law and establishing procedural rules for the federal courts. Composition The Supreme Court, sometimes called the High Court, is comprised of a chief justice and eight associate justices. Article III provides that the justices of the Court are to be appointed by the president of the United States with the advice and consent of the Senate. Once appointed, a justice may not be removed from office exc ept by congressional impeachment. Because of this provision, many justices have remained on the bench into their eighties. In 1789 the Court initially consisted of six members, but membership was increased to seven in 1807. In 1837 an eighth and ninth GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 444 SUPREME COURT OF THE UNITED STATES justice were added, and in 1863 the number rose to ten. Congress lowered the number to eight to prevent President ANDREW JOHNSON from appointing anyone, and since 1869 the Court has consisted of nine justices. Justices are given lifetime appointments and may only be re- moved from the Court through IMPEACHMENT. The president nominates members to the High Court, who must be approved by the U.S. SENATE. The nomination process has become heavily politicized since the late 1960s, when Republicans successfully opposed the nomina- tion of Justice ABE FORTAS as chief justice. Democrats voted down two nominations from President RICHARD NIXON and did so again in 1987 with President Ronald Reagan’s nomina- tion of Robert Bork. By 2009, it was accepted procedure that nominees be coached and rehearsed for their appearance at the SENATE JUDICIARY COMMITTEE and to reveal few specifics about their legal philosophy. The only modern attempt to alter the size of the Court occurred in 1937, when President FRANKLIN D. ROOSEVELT attempted to pack the Court by trying to add justices more sympa- thetic to his political ideals. Between 1935 and 1937, the Supreme Court struck down as un- constitutional numerous pieces of Roosevelt’s NEW DEAL program that attempted to regulate the national economy. Most of the conservative judges who voted against the New Deal statutes were over the age of 70. Roosevelt proposed that justices be allowed to retire at age 70 with full pay. Any judge who declined this offer would be forced to have an assistant with full voting rights. This plan was met with hostility by Democrats and Republicans and ultimately rejected as an act of political interference. When the offi ce of chief justic e is vacant, the president may choose the new chief justice from among the associate justices but does not need to do so. Whenever the chief justice is unable to perform his or her duties or the office is vacant, the associate justice w ho has been on the Court the longest performs the duties. The Court can take official action with as few as six members joining in deliberation. However , extremely important cases will sometimes be postponed until all nine justices can partic ipate. Court Term The Court sits in Washington, D.C., and begins its term on the first Monday in October of each year. It may also hold adjourned terms or special terms whenever required. These special calendars are reserved for emergency matters that usually occur when the Court is in recess between July and October. Between October and June 30 of the following year, the Court hears oral arguments for each case in its courtroom, confers and votes on the case, and then assigns a justice to write the majority opinion. An opinion must be released on every case by the end of the Court’s term . However, if the Court cannot agree on how to resolve a case, it may hold the case over until the next term and schedule further oral arguments. Administration of the Court The law provi des for the appointment of a clerk of the Supreme Court, a deputy clerk, a marshal, a COURT REPORTER, a librarian, judicial law clerks, secretaries to the justices, and an administrative assistant to help with court management. The law provides for the printing of Supreme Court decisions to ensure that they will be available to the public. The Court also disseminates its opinions electronically through its We bsite. In addition, it posts its court calendar, docket, and orders on its W ebsite. Jurisdiction The Judiciary Act of 1789 gave the Supreme Court authority to hear certain appeals brought from the lower federal courts and the STATE COURTS . The Court was also given power to issue various kinds of orders, or writs, to enforce its decisions. Article III of the Constitution declares that the Supreme Court shall have ORIGINAL JURISDIC- TION “[i]n all Cases affecting Ambassadors, other public Ministers and Consuls, and those in The official seal of the U.S. Supreme Court. COLLECTION OF THE CURATOR OF U.S. SUPREME COURT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION SUPREME COURT OF THE UNITED STATES 445 which a state shall be a party. ” Original jurisdiction is the authority to hear a case from the outset. Nevertheless, Congress has enacted legislation giving the district courts CONCURRENT JURISDICTION in cases dealing with ambassadors and foreign consul as well as in cases between the U.S. government and one or more state governments. The Supreme Court retains exclusive jurisd iction only in suits between state governments, which often involve boundary disputes. These cases arise infrequently and are usually placed before special masters who hear the evidence, make findings, and recommend a decision that is acceptable to the Court. Article III states that the Supreme Court’s APPELLATE jurisdiction extends to all federal cases “with such Exceptions, and under such Regula- tions as the Congress shall make.” Appellate cases coming to the Court from the lower federal courts usually come from the 13 courts of appeals, although they may come from the Court of Military Appeals or, under special circumstances, directly from the district courts. Appellate cases may also come from the state courts of last resort, usually a state’s supreme court. Until 1891 losing parties in the lower federal courts and state courts of last resort had the right to appeal their cases to the Supreme Court. The Court’s docket was crowded with appeals, many of which raised routine or frivolous claims. In 1891 Congress created nine courts of appeals to correct errors in routine cases (28 U.S.C.A. ch. 3). This action reduced the Supreme Court’s caseload, but parties often retained statutory rights to have their cases reviewed by the Court. In 1925 Congress reformed, at the Court’s insistence, the Supreme Court’s appellate juris- diction by restricting the categories of cases in which litigants were afforded an appeal by right to the Supreme Court. In addition, the Judiciary Act of 1925 (43 Stat. 936) gave the Court the power to issue writs of CERTIORARI to review all cases, federal or state, posing “federal questions of substance.” The writ of certiorari gives the Court discreti onary review, allowing it to address some issues and ignore others. Because of these reforms, the courts of appeals are the final decision-making courts in 98 percent of federal cases. In 1988 Congress passed the Act to Improve the Administration of Justice (102 Stat. 663). This law eliminated most appeals by right to the Supreme Court, requiring the Court to hear appeals only in cases involving federal CIVIL RIGHTS laws, legislative reapportionment, federal antitrust actions, and a few other matters. As a result of this growth in discretion- ary jurisdiction, the Supreme Court has the ability to set its own agenda. A party who seeks review of a decision petitions the Court for a writ of certiorari, an ancient PLEADING form that grants the right for review. The justices deliberate in private on whether the issues presented by the case are significant enough to merit review. They operate under an informal rule of four, which means that certiorari will be granted if any four justices favor it. If certiorari is granted, the justices can decide the case on the papers submitted or schedule a full argument before the Court. If certiorari is denied, the matter ends there. With discretionary review, the justices have complete freedom in deciding whether to hear the case, and no one may question or appeal their decision. As of 2009, approximately 7,000 petitions are filed per year, with the Court accepting between 75 and 80 per year. The number of accepted petitions has declined from around 160 in 1986, but it is unclear why the decrease has been so dramatic. The Court does not explain why it declines a petition. The Supreme Court also has special juris- diction to answer certified questions sent to it from a federal court of appeals or from the U.S. Claims Court. The Supreme Court can either give instructions that the lower court is bound to follow or require the court to provide the record so that the Supreme Court can decide the entire lawsuit. Certification is rarely used. Decisions The decisions of the Supreme Court, whether by a denial of certiorari or by an opinion issued following oral argument, are final and cannot be appealed. A Supreme Court dec ision based on an interpretation of the Constitution may be changed by CONSTITUTIONAL AMENDMENT. Con- gress may modify a decision that is based on the interpretation of an act of Congress by passing a law that directs the Court as to congressional intent and purpose. However, Congress has no power to modify a High Court decision that is based on the Court’s interpretation of the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 446 SUPREME COURT OF THE UNITED STATES Constitution. Finally, the Court may OVERRULE itself, although it rarely does so . Rule Making Congress has conferred upon the Supreme Court the power to prescribe rules of procedure that the Court and the lower federal courts must follow. The Court has promulgated rules that govern civil and criminal cases in the district courts, BANKRUPTCY proceedings, admiralty cases, copyrights cases, and appellate proceedings. FURTHER READINGS Baum, Lawrence. 2006. The Supreme Court. 9th ed. Washington, D.C.: CQ Press. Fried, Charles. 2004. Saying What the Law Is: The Constitution in the Supreme Court. Cambridge, Mass.: Harvard Univ. Press. Haines, Charles Grove. 2002. The Role of the Supreme Court in American Government and Politics. Union, N.J.: Lawbook Exchange. Rehnquist, William H. 2002. The Supreme Court. New York: Vintage Books. Toobin, Jeffrey. 2008. The Nine: Inside the Secret World of the Supreme Court. New York: Anchor Books. U.S. Supreme Court. Available online at supremecourtus. gov (accessed August 1, 2009). CROSS REFERENCES Judicial Review. SURCHARGE An overcharge or additional cost. A surcharge is an added liability imposed on something that is already due, such as a tax on tax. It also refers to the penalty a court can impose on a FIDUCIARY for breaching a duty or for willful or negligent conduct. In EQUITY, surcharging means to demon- strate that a particular item, in favor of the party surcharging, should be included in an account that is alleged to be settled or complete. SURETY An individual who undertakes an obligation to pay a sum of money or to perform some duty or promise for another in the event that person fails to act. For example, a contractor that falls behind schedule on a project may find that the property owner turns to the contractor’s surety to recoup losses incurred by the contractor’s failure to perform according to contract. CROSS REFERENCE Prinicpal and Surety. SURGEON GENERAL The U.S. Surgeon General’s Office is a unit of the Office of Public Health and Science, which is a major component of the Department of Health and Human Services (HHS). The surgeon general is appointed by the president and serves as a highly recognized symbol of the federal govern- ment’s commitment to protecting and improving public health. The U.S. Surgeon General serves as the country’s chief health educator by discussing and distributing the latest scientific information available on how to improve health and reduce the risk of illness and injury. Since the 1960s, the Surgeon General has become a highly visible federal public health official, speaking out against known health risks such as tobacco use, and promoting disease-prevention mea- sures such as exercise and community water fluoridation. The surgeon general performs four major functions: promoting disease prevention and health in the United States through special health initiatives, advising the president and the secretary of the HHS on public health issues, encouraging the enhancement of public health practice in the professional disciplines, and administering the PUBLIC HEALTH SERVICE Com- mission Corps in ongoing and emergency- response activities. The corps comprises ap- proximately 6,000 doctors, nurses, pharmacists, and scientists. The Surgeon General holds the rank of Vice-Admiral within the Corps, which is a three-star position. The Surgeon General oversees research on public health matters and writes reports that inform the medical profession and the public about ways of preventing disease. These reports have addressed topics such as tobac co use, HIV and AIDS prevention, drug abuse, and the need for physical exercise. The 1964 report of Surgeon General Dr. Luther L. Terry on tobacco, entitled Smoking and Health, is perhaps the most famous example of how the Surgeon General draws public attention to public health concerns. In 1964, 46 percent of all U.S. citizens smoked, and smoking was accepted in offices, airplanes, and elevators. Television programs were spon- sored by cigarette brands. Terry’sreportcon- cluded that smoking causes cancer. This conclu- sion became the foundation for later efforts to ban tobacco advertising from television, to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION SURGEON GENERAL 447 . v. New York City Housing Authority, 214 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION SUPERSEDE 4 39 A.D.2d 605, 624 N.Y.S.2d 720, (N.Y.A.D. 2 Dept. 199 5) CROSS REFERENCES Legislation; Negligence;. those in The official seal of the U.S. Supreme Court. COLLECTION OF THE CURATOR OF U.S. SUPREME COURT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION SUPREME COURT OF THE UNITED STATES 445 which. with the outcome. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 442 SUPREME COURT Once the court releases an opinion, it is published in an official report. The decision of the court is generally