1981 20¢ Flag Over Supreme Court
Issue Date: December 17, 1982
City: Washington, DC
Printed By: Bureau of Engraving and Printing
Printing Method: Engraved
Color: Black, dark blue and red
The powers and responsibilities of the Supreme Court are established in the U.S. Constitution. It is the highest court in the judicial branch of the federal government. The Supreme Court is the only court established by the Constitution. It has narrow original jurisdiction that is largely limited to cases involving ambassadors, public ministers, and states. Following the landmark 1803 Marbury v. Madison decision, the majority of its caseload involves appeals.
Congress determines the number of justices that sit on the court. The number of justices began at six and grew as the nation expanded geographically. The President of the United States appoints justices, who are not required to have any specific qualifications. Each nominee must be confirmed by Congress.
To allow justices to make their decisions without political influence or fear of reprisal, each justice “shall hold their Offices during good Behavior,” and may only be removed from the bench by impeachment.
The Supreme Court had a limited function for its first few decades, and the justices often rode the circuit to hear cases. President John Adams appointed John Marshall to the Supreme Court in 1801. In 1803, the Supreme Court heard the case of Marbury v. Madison, which found that a Congressional Act was unconstitutional. The Marshall Court declared any act that was “repugnant” to the Constitution to be illegal. The finding firmly established the concept of “judicial review,” and made the Supreme Court an influential branch of the federal government.
Due to the power the court wields, Presidents are often eager to appoint justices that reflect their political ideology. To date, Jimmy Carter is the only President to serve a full term without the opportunity to appoint a member to the Supreme Court.
Birth Of Louis Brandeis
Supreme Court Justice Louis Brandeis was born on November 13, 1856, in Louisville, Kentucky.
Brandeis grew up surrounded by books, music, and politics. He was a serious student and graduated from high school at the age of 14. He then left the country for a few years with his family and attended the Annenschule in Dresden, Saxony.
After returning to the US in 1875, Brandeis entered Harvard Law School though he didn’t have a formal college degree. He was a top student, but the large amount of reading took a toll on his eyes. In fact, his eyes got so bad, doctors recommended he drop out of school. Instead, he paid fellow students to read the textbooks aloud while he memorized the legal principles. Brandeis’ grades didn’t suffer – and in fact, he graduated as valedictorian with the highest GPA in school history, a record that stood for 80 years.
Brandeis remained at Harvard for another year, continuing his studies, before being admitted to the bar in 1878. The following year, he opened a law practice with a classmate. The two worked together to write one of the most famous law articles in history, “The Right to Privacy.” Also during this time, Brandeis remained in close connection to Harvard, helping found the Harvard Law School Association.
Brandeis’ success as a lawyer enabled him to take cases without pay, to aid in public causes. He helped to save the Boston subway and fought against the New Haven Railroad’s transportation monopoly. Brandeis also helped industrial laborers get legal protection. And in 1908, he introduced the “Brandeis brief,” which used expert testimony from people in other professions to help support his case. This helped to establish a new precedent in how evidence was presented.
By 1913, Brandeis was a counselor to president Woodrow Wilson. The President offered him a position in his cabinet but Brandeis preferred his law work. Then in 1916, Wilson nominated Brandeis to the Supreme Court. Some opposed his nomination, claiming he had radical views, though some of this opposition was anti-Semitic. Brandeis was the first Jewish person ever nominated to the Supreme Court. But in the end, he was confirmed and joined the court that June.
On the court, Brandeis was a liberal reformer who championed individual rights and social justice. In the Whitney v. California case, he formulated principles for protecting free speech when unpopular views are expressed during a time of emergency. This was followed by his historical dissent on Olmstead v. US, where Justice Brandeis defined privacy as “the right to be let alone – the most comprehensive of rights and the right most valued by civilized men.” Brandeis’ ardent defense of the right to privacy would go on to have a continuing influence on the Supreme Court and American life.
Brandeis retired from the Supreme Court on February 13, 1939, and died two years later on October 5, 1941. Although it was mentioned nowhere in the Constitution, his privacy argument gained powerful support. After his death, the high court applied Brandeis’ Olmstead dissenting opinion to cases.
In the years since his death, several schools have been named in Brandeis’ honor. There are also two communities in Israel named after him.
Click here to read Brandeis’ Supreme Court decisions.