VOICE ONE:
The highest court in the UnitedStates began its term this month. From now until the end of June, itwill rule on issues that affect Americans in important ways. I’mMary Tillotson.
VOICE TWO:
And I’m Steve Ember. The Supreme Court is our report today on theVOA Special English program, THIS IS AMERICA.
VOICE ONE:
Congress created the Supreme Court of the United States more thantwo-hundred years ago. The court has ruled on many disputed casessince then. Its duty is to make sure federal and state laws agreewith the United States Constitution.
The president appoints Supreme Court justices. The Senateapproves them. The court has a chief justice and eight associatejustices. The justices serve as long as they wish.
Seven men and two women now serveon the court. They will hear eighty or more cases during the currentterm. The court already has accepted forty-five cases. Experts saythe cases are likely to produce many decisions about importantissues. These include criminal law, illegal immigrants, minoritystudents in colleges and financing political campaigns.
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For example, the Supreme Court will consider a case about thelength of prison sentences. The state of California has enacted alaw affecting people found guilty of three crimes. The law ordersthat these people serve from twenty-five years to the rest of theirlives in prison. It is the most severe in the country.
Many people oppose this law. They say it violates the EighthAmendment to the Constitution if a person’s third crime is a minorproperty crime. The Eighth Amendment protects against cruel andunusual punishment. The Supreme Court justices will hear two casesabout people punished under the California law. In one case, thecriminal’s third crime was stealing about one-hundred-fifty dollarsworth of videotapes. In the other case, a man stole three pieces ofsports equipment.
VOICE ONE:
Lower courts are now dealing with some of America’s mostimportant issues. But legal experts say the Supreme Court probablywill consider some of these cases during its current term. Two suchcases deal with anti-terrorism measures.
The Justice Department has ordered hearings that are closed tothe public for illegal immigrants it considers of special interestto its terrorism investigation. These hearings decide if theimmigrants will be sent back to their own countries. Such hearingsusually were public. But that changed after the terrorist attacks inthe United States last year.
One federal appeals court rejected closed hearings. It said,”Democracy dies behind closed doors.” Another court disagreed. Itsaid the nation needs secret hearings to defend against terrorism.
VOICE TWO:
The Supreme Court also will consider another anti-terrorismmeasure. The measure affects American citizens suspected of fightingfor the enemy. These people may be held without charges and withoutlegal advice. The Constitution guarantees citizens the right to becharged and have a quick trial. It also guarantees the right to alawyer. But the government says these rights must be suspended toprotect security.
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VOICE ONE:
The Supreme Court also may hear cases about how universitiesdecide which students to accept. Students have brought two legalactions against the University of Michigan. The university has aprogram designed to accept more minority students.
White students denounce this affirmative action policy. Theyclaim it unfairly reduces their own chances to be accepted at theuniversity. The students say affirmative action violates theConstitution.
A nineteen-seventy-eight Supreme Court decision appeared topermit programs aimed at improving racial balance. Many colleges anduniversities began such plans after that decision. If the Courtchanges that decision, its action would have a major effect onhigher education.
VOICE TWO:
The high court also may hear a case about money given topolitical campaigns. Congress recently passed a law meant to reformmethods of campaign finance. It limits the amount of money that canbe given to a candidate seeking office. It also limits a candidate’sadvertisements – paid campaign messages. Senator Mitch McConnellbrought legal action against the measure. The senator had led thefight against it in the Senate.Three judges of the United StatesDistrict Court in Washington, D-C are to hear the case in earlyDecember. Legal experts say the side losing this case will surelyappeal the decision to the Supreme Court.
VOICE ONE:
For each case, Supreme Court justices hear arguments by lawyerson both sides. The justices question the lawyers to get moreinformation. They read a great deal of written information about thecase. Then they discuss the case and vote. A majority of the votesof the nine justices decides what will become the law of the land.One of the justices who voted with the majority writes the opinionof 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.
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VOICE TWO:
The Supreme Court was established in Seventeen-Eighty-Nine. Itwas created as one of the three major divisions of the United Statesgovernment. The American Constitution gave the legislative division– the Congress — the power to pass laws. It gave the executivedivision — the president and other government agencies — power tocarry out these laws. And, it gave the judicial division — theSupreme Court and lower courts — the power to decide legal disputesinvolving these laws.
At first, this seemed to make the judicial division the weakestpart of the federal government. But then, in Eighteen-Oh-Three,Supreme Court Chief Justice John Marshall declared that the Courtcould decide if laws already passed by Congress were constitutional.Since that time, the Supreme Court has played an important part inapproving or disapproving actions taken by Congress and thepresident.
VOICE ONE:
Most of the cases the Supreme Court considers already have beenjudged in a lower court. The Supreme Court hears appeals of thedecisions made by lower courts that involve federal and state laws.If the Court agrees to re-examine a case, then its decision isfinal. It cannot be vetoed by either the president or Congress. Thepresident and members of Congress are elected every few years. To bere-elected, they must base their actions at least partly on what thevoters want. However, Supreme Court justices are appointed for life.Their loyalty is not to voters. It is to a permanent document, theUnited States Constitution.
VOICE TWO:
American presidents can play an important part in changing theSupreme Court. Most presidents have the chance to appoint one ormore new justices to fill the places of justices who retire or die.President Bush may have this chance. Two current justices are overage seventy. Chief Justice William Rehnquist and Associate JusticeSandra Day O’Connor could decide to retire during the next twoyears.
VOICE ONE:
At different times in American history, the Supreme Court hashelped make major changes in American society. InEighteen-Ninety-Six, for example, the Supreme Court said it waslegal to have separate public places for black people and whitepeople. The Court said this was legal as long as those placesprovided equally good services. That decision was used as a reasonto permit racial separation in many American schools for almostsixty years.
However, in Nineteen-Fifty-Four, the Supreme Court said racialseparation in American schools did violate the Constitution. It saidseparate schools never could be equally good schools. That decisionhelped end racial separation in the nation’s schools. And it helpedlaunch a major movement to gain racial equality for AfricanAmericans.
VOICE TWO:
Not all Supreme Court cases result in historic decisions. Butmany of them do. Experts say the Supreme Court judges could produceimportant rulings that will make this term a historic one.
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VOICE ONE:
This program was written by Jerilyn Watson. It was produced byCynthia Kirk. I’m Mary Tillotson.
VOICE TWO:
And I’m Steve Ember. Join us again next week for another reportabout life in the United States on the VOA Special English program,THIS IS AMERICA.