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THIS IS AMERICA - October 21, 2002: Supreme Court
VOICE ONE:
The highest court in the United States began its term this month. From now until the
end of June, it will rule on issues that affect Americans in important ways. I’m
Mary Tillotson.
VOICE TWO:
And I’m Steve Ember. The Supreme Court is our report today on the VOA Special
English program, THIS IS AMERICA.
VOICE ONE:
Congress created the Supreme Court of the United States more than two-hundred years ago. The court has ruled
on many disputed cases since then. Its duty is to make sure federal and state laws agree with the United States
Constitution.
The president appoints Supreme Court justices. The Senate approves them. The court has a chief justice and eight
associate justices. The justices serve as long as they wish.
Seven men and two women now serve on the court. They will hear eighty or more
cases during the current term. The court already has accepted forty-five cases.
Experts say the cases are likely to produce many decisions about important issues.
These include criminal law, illegal immigrants, minority students in colleges and
financing political campaigns.
VOICE TWO:
For example, the Supreme Court will consider a case about the length of prison
sentences. The state of California has enacted a law affecting people found guilty of three crimes. The law orders
that these people serve from twenty-five years to the rest of their lives in prison. It is the most severe in the
country.
Many people oppose this law. They say it violates the Eighth Amendment to the Constitution if a person’s third
crime is a minor property crime. The Eighth Amendment protects against cruel and unusual punishment. The
Supreme Court justices will hear two cases about people punished under the California law. In one case, the
criminal’s third crime was stealing about one-hundred-fifty dollars worth of videotapes. In the other case, a man
stole three pieces of sports equipment.
VOICE ONE:
Lower courts are now dealing with some of America’s most important issues. But legal experts say the
Supreme Court probably will consider some of these cases during its current term. Two such cases deal with antiterrorism measures.
The Justice Department has ordered hearings that are closed to the public for illegal immigrants it considers of
special interest to its terrorism investigation. These hearings decide if the immigrants will be sent back to their
own countries. Such hearings usually were public. But that changed after the terrorist attacks in the United States
last year.
One federal appeals court rejected closed hearings. It said, “Democracy dies behind closed doors.” Another
court disagreed. It said the nation needs secret hearings to defend against terrorism.
VOICE TWO:
The Supreme Court also will consider another anti-terrorism measure. The measure affects American citizens
suspected of fighting for the enemy. These people may be held without charges and without legal advice. The
Constitution guarantees citizens the right to be charged and have a quick trial. It also guarantees the right to a
lawyer. But the government says these rights must be suspended to protect security.
((MUSIC BRIDGE))
VOICE ONE:
The Supreme Court also may hear cases about how universities decide which students to accept. Students have
brought two legal actions against the University of Michigan. The university has a program designed to accept
more minority students.
White students denounce this affirmative action policy. They claim it unfairly reduces their own chances to be
accepted at the university. The students say affirmative action violates the Constitution.
A nineteen-seventy-eight Supreme Court decision appeared to permit programs aimed at improving racial
balance. Many colleges and universities began such plans after that decision. If the Court changes that decision,
its action would have a major effect on higher education.
VOICE TWO:
The high court also may hear a case about money given to political campaigns. Congress recently passed a law
meant to reform methods of campaign finance. It limits the amount of money that can be given to a candidate
seeking office. It also limits a candidate’s advertisements
–
paid campaign messages. Senator Mitch
McConnell brought legal action against the measure. The senator had led the fight against it in the Senate.Three
judges of the United States District Court in Washington, D-C are to hear the case in early December. Legal
experts say the side losing this case will surely appeal the decision to the Supreme Court.
VOICE ONE:
For each case, Supreme Court justices hear arguments by lawyers on both sides. The justices question the lawyers
to get more information. They read a great deal of written information about the case. Then they discuss the case
and vote. A majority of the votes of the nine justices decides what will become the law of the land. One of the
justices who voted with the majority writes the opinion of the court. This opinion explains the decision made in
the case.
Some justices may disagree with the majority. When that happens, a justice who disagreed writes the dissenting
opinion.
((MUSIC BRIDGE))
VOICE TWO:
The Supreme Court was established in Seventeen-Eighty-Nine. It was created as one of the three major divisions
of the United States government. The American Constitution gave the legislative division -- the Congress --the
power to pass laws. It gave the executive division -- the president and other government agencies -- power to
carry out these laws. And, it gave the judicial division -- the Supreme Court and lower courts -- the power to
decide legal disputes involving these laws.
At first, this seemed to make the judicial division the weakest part of the federal government. But then, in
Eighteen-Oh-Three, Supreme Court Chief Justice John Marshall declared that the Court could decide if laws
already passed by Congress were constitutional. Since that time, the Supreme Court has played an important part
in approving or disapproving actions taken by Congress and the president.
VOICE ONE:
Most of the cases the Supreme Court considers already have been judged in a lower court. The Supreme Court
hears appeals of the decisions made by lower courts that involve federal and state laws. If the Court agrees to reexamine a case, then its decision is final. It cannot be vetoed by either the president or Congress. The president
and members of Congress are elected every few years. To be re-elected, they must base their actions at least
partly on what the voters want. However, Supreme Court justices are appointed for life. Their loyalty is not to
voters. It is to a permanent document, the United States Constitution.
VOICE TWO:
American presidents can play an important part in changing the Supreme Court. Most presidents have the chance
to appoint one or more new justices to fill the places of justices who retire or die. President Bush may have this
chance. Two current justices are over age seventy. Chief Justice William Rehnquist and Associate Justice Sandra
Day O’Connor could decide to retire during the next two years.
VOICE ONE:
At different times in American history, the Supreme Court has helped make major changes in American society.
In Eighteen-Ninety-Six, for example, the Supreme Court said it was legal to have separate public places for black
people and white people. The Court said this was legal as long as those places provided equally good services.
That decision was used as a reason to permit racial separation in many American schools for almost sixty years.
However, in Nineteen-Fifty-Four, the Supreme Court said racial separation in American schools did violate the
Constitution. It said separate schools never could be equally good schools. That decision helped end racial
separation in the nation's schools. And it helped launch a major movement to gain racial equality for African
Americans.
VOICE TWO:
Not all Supreme Court cases result in historic decisions. But many of them do. Experts say the Supreme Court
judges could produce important rulings that will make this term a historic one.
((THEME))
VOICE ONE:
This program was written by Jerilyn Watson. It was produced by Cynthia Kirk. I'm Mary Tillotson.
VOICE TWO:
And I'm Steve Ember. Join us again next week for another report about life in the United States on the VOA
Special English program, THIS IS AMERICA.
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