134-589: Virginia v. West Virginia , 78 U.S. (11 Wall.) 39 (1871), is a 6–3 ruling by the Supreme Court of the United States that held that if a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot undo the results based on fraud. The Court implicitly affirmed that the breakaway Virginia counties had received the necessary consent of both the Commonwealth of Virginia and
268-423: A de facto recognition of the state that is now considered unassailable. West Virginia's first constitution explicitly agreed to pay a portion of Virginia's debt in helping build roads, canals, railroads, and other public improvements in the new state. However, the debts were never paid, and Virginia sued to recover them. In the case, Virginia v. West Virginia , 220 U.S. 1 (1911), Virginia admitted in its briefings
402-484: A demurrer , which alleged that the Supreme Court lacked jurisdiction over the case because it was of a purely political nature. Associate Justice Samuel Freeman Miller wrote the decision for the majority, joined by Chief Justice Salmon P. Chase and Associate Justices Samuel Nelson , Noah Haynes Swayne , William Strong , and Joseph P. Bradley . Justice Miller first disposed of the demurrer. He concluded that
536-408: A strong central government argued that national laws could be enforced by state courts, while others, including James Madison , advocated for a national judicial authority consisting of tribunals chosen by the national legislature. It was proposed that the judiciary should have a role in checking the executive's power to veto or revise laws. Eventually, the framers compromised by sketching only
670-459: A Catholic or an Episcopalian . Historically, most justices have been Protestants, including 36 Episcopalians, 19 Presbyterians , 10 Unitarians , 5 Methodists , and 3 Baptists . The first Catholic justice was Roger Taney in 1836, and 1916 saw the appointment of the first Jewish justice, Louis Brandeis . In recent years the historical situation has reversed, as most recent justices have been either Catholic or Jewish. Three justices are from
804-602: A State shall be Party." In 1803, the Court asserted itself the power of judicial review , the ability to invalidate a statute for violating a provision of the Constitution via the landmark case Marbury v Madison . It is also able to strike down presidential directives for violating either the Constitution or statutory law . Under Article Three of the United States Constitution , the composition and procedures of
938-559: A bigger court would reduce the power of the swing justice , ensure the court has "a greater diversity of views", and make confirmation of new justices less politically contentious. There are currently nine justices on the Supreme Court: Chief Justice John Roberts and eight associate justices. Among the current members of the court, Clarence Thomas is the longest-serving justice, with a tenure of 12,091 days ( 33 years, 37 days) as of November 29, 2024;
1072-542: A chief justice and five associate justices through the Judiciary Act of 1789 . The size of the court was first altered by the Midnight Judges Act of 1801 which would have reduced the size of the court to five members upon its next vacancy (as federal judges have life tenure ), but the Judiciary Act of 1802 promptly negated the 1801 act, restoring the court's size to six members before any such vacancy occurred. As
1206-514: A commission, to which the Seal of the Department of Justice must be affixed, before the appointee can take office. The seniority of an associate justice is based on the commissioning date, not the confirmation or swearing-in date. After receiving their commission, the appointee must then take the two prescribed oaths before assuming their official duties. The importance of the oath taking is underscored by
1340-466: A conservative shift. It also expanded Griswold ' s right to privacy to strike down abortion laws ( Roe v. Wade ) but divided deeply on affirmative action ( Regents of the University of California v. Bakke ) and campaign finance regulation ( Buckley v. Valeo ). It also wavered on the death penalty , ruling first that most applications were defective ( Furman v. Georgia ), but later that
1474-549: A floor vote in the Senate. A president may withdraw a nomination before an actual confirmation vote occurs, typically because it is clear that the Senate will reject the nominee; this occurred with President George W. Bush's nomination of Harriet Miers in 2005. The Senate may also fail to act on a nomination, which expires at the end of the session. President Dwight Eisenhower 's first nomination of John Marshall Harlan II in November 1954
SECTION 10
#17328904765281608-516: A general outline of the judiciary in Article Three of the United States Constitution , vesting federal judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." They delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the judicial branch as a whole. The 1st United States Congress provided
1742-549: A home of its own and had little prestige, a situation not helped by the era's highest-profile case, Chisholm v. Georgia (1793), which was reversed within two years by the adoption of the Eleventh Amendment . The court's power and prestige grew substantially during the Marshall Court (1801–1835). Under Marshall, the court established the power of judicial review over acts of Congress, including specifying itself as
1876-456: A justice, but made appointments during their subsequent terms in office. No president who has served more than one full term has gone without at least one opportunity to make an appointment. One of the smallest supreme courts in the world, the U.S. Supreme Court consists of nine members: one chief justice and eight associate justices. The U.S. Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for
2010-450: A president may make temporary appointments to fill vacancies. Recess appointees hold office only until the end of the next Senate session (less than two years). The Senate must confirm the nominee for them to continue serving; of the two chief justices and eleven associate justices who have received recess appointments, only Chief Justice John Rutledge was not subsequently confirmed. No U.S. president since Dwight D. Eisenhower has made
2144-402: A recess appointment to the court, and the practice has become rare and controversial even in lower federal courts. In 1960, after Eisenhower had made three such appointments, the Senate passed a "sense of the Senate" resolution that recess appointments to the court should only be made in "unusual circumstances"; such resolutions are not legally binding but are an expression of Congress's views in
2278-420: A remnant of British tradition, and instead issuing a single majority opinion. Also during Marshall's tenure, although beyond the court's control, the impeachment and acquittal of Justice Samuel Chase from 1804 to 1805 helped cement the principle of judicial independence . The Taney Court (1836–1864) made several important rulings, such as Sheldon v. Sill , which held that while Congress may not limit
2412-543: A vacancy occurs, the president , with the advice and consent of the Senate , appoints a new justice. Each justice has a single vote in deciding the cases argued before the court. When in the majority, the chief justice decides who writes the opinion of the court ; otherwise, the most senior justice in the majority assigns the task of writing the opinion. On average, the Supreme Court receives about 7,000 petitions for writs of certiorari each year, but only grants about 80. It
2546-459: A violation of equal protection ( United States v. Virginia ), laws against sodomy as violations of substantive due process ( Lawrence v. Texas ) and the line-item veto ( Clinton v. New York ) but upheld school vouchers ( Zelman v. Simmons-Harris ) and reaffirmed Roe ' s restrictions on abortion laws ( Planned Parenthood v. Casey ). The court's decision in Bush v. Gore , which ended
2680-579: A year in their assigned judicial district. Immediately after signing the act into law, President George Washington nominated the following people to serve on the court: John Jay for chief justice and John Rutledge , William Cushing , Robert H. Harrison , James Wilson , and John Blair Jr. as associate justices. All six were confirmed by the Senate on September 26, 1789; however, Harrison declined to serve, and Washington later nominated James Iredell in his place. The Supreme Court held its inaugural session from February 2 through February 10, 1790, at
2814-467: Is a county in the U.S. state of West Virginia . As of the 2020 census , the population was 74,591. Its county seat is Beckley . The county was founded in 1850 and is named for Sir Walter Raleigh . Raleigh County is included in the Beckley, West Virginia, Metropolitan Statistical Area . Raleigh County and the surrounding area have long been home to many indigenous peoples. Early encounters describe
SECTION 20
#17328904765282948-587: Is accepted practice in the legislative and executive branches, organizations such as the Federalist Society do officially filter and endorse judges that have a sufficiently conservative view of the law. Jurists are often informally categorized in the media as being conservatives or liberal. Attempts to quantify the ideologies of jurists include the Segal–Cover score , Martin-Quinn score , and Judicial Common Space score. Devins and Baum argue that before 2010,
3082-583: Is land and 4.0 square miles (10 km ) (0.7%) is water. As of the census of 2000, there were 79,220 people, 31,793 households, and 22,096 families in the county. The population density was 131 people per square mile (51 people/km ). There were 35,678 housing units at an average density of 59 units per square mile (23 units/km ). The racial makeup of the county was 89.63% White , 8.52% Black or African American , 0.19% Native American , 0.72% Asian , 0.02% Pacific Islander , 0.12% from other races , and 0.80% from two or more races. 0.92% of
3216-450: Is one of the smallest supreme courts in the world. David Litt argues the court is too small to represent the perspectives of a country the United States' size. Lawyer and legal scholar Jonathan Turley has advocated for 19 justices, but with the court being gradually expanded by no more than two new members per subsequent president, bringing the U.S. Supreme Court to a similar size as its counterparts in other developed countries. He says that
3350-613: The Equal Protection Clause of the Fourteenth Amendment ( Brown v. Board of Education , Bolling v. Sharpe , and Green v. County School Bd. ) and that legislative districts must be roughly equal in population ( Reynolds v. Sims ). It recognized a general right to privacy ( Griswold v. Connecticut ), limited the role of religion in public school, most prominently Engel v. Vitale and Abington School District v. Schempp , incorporated most guarantees of
3484-664: The Royal Exchange in New York City, then the U.S. capital. A second session was held there in August 1790. The earliest sessions of the court were devoted to organizational proceedings, as the first cases did not reach it until 1791. When the nation's capital was moved to Philadelphia in 1790, the Supreme Court did so as well. After initially meeting at Independence Hall , the court established its chambers at City Hall. Under chief justices Jay, Rutledge, and Ellsworth (1789–1801),
3618-549: The United States Congress to become a separate U.S. state . The Court also explicitly held that Berkeley County and Jefferson County were part of the new State of West Virginia . When the American Civil War started, Virginia seceded from the United States in 1861 over slavery, but many of the northwestern counties of Virginia were decidedly pro-Union. At a convention called by the governor and authorized by
3752-411: The assassination of Abraham Lincoln , was denied the opportunity to appoint a justice by a reduction in the size of the court . Jimmy Carter is the only person elected president to have left office after at least one full term without having the opportunity to appoint a justice. Presidents James Monroe , Franklin D. Roosevelt, and George W. Bush each served a full term without an opportunity to appoint
3886-519: The 1902-1903 New River coal strike in which an armed posse led by a US Marshall who shot up miners' houses while they and their families slept, killing at least six. The perpetrators were later acquitted. The lead-up and aftermath were witnessed and widely recounted by Mother Jones , and the massacre is considered a prelude to the West Virginia coal wars . The town of Sophia in Raleigh County
4020-529: The Bill of Rights against the states, prominently Mapp v. Ohio (the exclusionary rule ) and Gideon v. Wainwright ( right to appointed counsel ), and required that criminal suspects be apprised of all these rights by police ( Miranda v. Arizona ). At the same time, the court limited defamation suits by public figures ( New York Times Co. v. Sullivan ) and supplied the government with an unbroken run of antitrust victories. The Burger Court (1969–1986) saw
4154-725: The Bill of Rights, such as in Citizens United v. Federal Election Commission ( First Amendment ), Heller – McDonald – Bruen ( Second Amendment ), and Baze v. Rees ( Eighth Amendment ). Article II, Section 2, Clause 2 of the United States Constitution , known as the Appointments Clause , empowers the president to nominate and, with the confirmation ( advice and consent ) of the United States Senate, to appoint public officials , including justices of
Virginia v. West Virginia - Misplaced Pages Continue
4288-442: The Constitution , giving a broader reading to the powers of the federal government to facilitate President Franklin D. Roosevelt 's New Deal (most prominently West Coast Hotel Co. v. Parrish , Wickard v. Filburn , United States v. Darby , and United States v. Butler ). During World War II , the court continued to favor government power, upholding the internment of Japanese Americans ( Korematsu v. United States ) and
4422-410: The Constitution provides that justices "shall hold their offices during good behavior", which is understood to mean that they may serve for the remainder of their lives, until death; furthermore, the phrase is generally interpreted to mean that the only way justices can be removed from office is by Congress via the impeachment process . The Framers of the Constitution chose good behavior tenure to limit
4556-690: The Court had so ruled (it had done so in Poole v. Fleeger , 36 U.S. 185, (1837) and Green v. Biddle , 21 U.S. 1 (1823)). However, the statement in Virginia v. West Virginia is the one most cited by the court in its subsequent rulings in Virginia v. Tennessee , 148 U.S. 503 (1893); Wharton v. Wise , 153 U.S. 155 (1894); Arizona v. California , 292 U.S. 341 (1934); James v. Dravo Contracting Co. , 302 U.S. 134 (1937); and De Veau v. Braisted , 363 U.S. 144 (1960). Notes Bibliography Supreme Court of
4690-456: The Court never had clear ideological blocs that fell perfectly along party lines. In choosing their appointments, Presidents often focused more on friendship and political connections than on ideology. Republican presidents sometimes appointed liberals and Democratic presidents sometimes appointed conservatives. As a result, "... between 1790 and early 2010 there were only two decisions that the Guide to
4824-450: The Court to answer: :"1. Did the State of Virginia ever give a consent to this proposition which became obligatory on her? 2. Did the Congress give such consent as rendered the agreement valid? 3. If both these are answered affirmatively, it may be necessary to inquire whether the circumstances alleged in this bill, authorized Virginia to withdraw her consent, and justify us in setting aside
4958-583: The Court. Curtis, as an Associate Justice of the Supreme Court, had dissented from the holding in Dred Scott v. Sandford . Many in Congress questioned both the legality of the Reorganized Virginia government and the constitutionality of the creation of West Virginia. Many scholars since have questioned the democratic nature of the Second Wheeling Convention, the legal and moral legitimacy of
5092-475: The Iroquois Confederacy". Raleigh County was formed on January 23, 1850, from portions of Fayette County , then a part of Virginia. Alfred Beckley (1802–88) said that he named the county for Sir Walter Raleigh (1552–1618), the "enterprising and far-seeing patron of the earliest attempts to colonize our old Mother State of Virginia". Raleigh was one of fifty Virginia Counties that were admitted to
5226-611: The Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. Should the phrase between the first and the second semicolons be read as absolutely barring the creation of a state within the jurisdiction of an existing state, or should it be read in conjunction with the following clause, which permits such creation with
5360-531: The Legislature of Virginia had already withdrawn its consent to the transfer of the two counties. Davis disagreed with the majority's view that Congress had consented to the transfer of the two counties by debating the proposed West Virginia constitution. There was nothing in the debates to ever suggest that, Davis wrote. Congress agreed to that the two counties should be offered the chance to join West Virginia by
5494-533: The Reagan administration to the present, the process has taken much longer and some believe this is because Congress sees justices as playing a more political role than in the past. According to the Congressional Research Service , the average number of days from nomination to final Senate vote since 1975 is 67 days (2.2 months), while the median is 71 days (2.3 months). When the Senate is in recess ,
Virginia v. West Virginia - Misplaced Pages Continue
5628-650: The Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business." This ruling allows the Senate to prevent recess appointments through the use of pro-forma sessions . Lifetime tenure of justices can only be found for US federal judges and the State of Rhode Island's Supreme Court justices, with all other democratic nations and all other US states having set term limits or mandatory retirement ages. Larry Sabato wrote: "The insularity of lifetime tenure, combined with
5762-529: The Reorganized Government of Virginia had acted in "good faith" to carry out its electoral duties in the two counties. In regard to the second question, Miller pondered the nature of congressional consent. Congress could not be expected to give its explicit consent to every single aspect of the proposed state constitution, Miller argued. Clearly, Congress had intensively considered the proposed state constitution, which contained provisions for accession of
5896-546: The Reorganized Government, and the constitutionality of the creation of West Virginia. However, most lengthy scholarly treatments of the issue assert the legality of the Reorganized government. In Luther v. Borden , 48 U.S. 1 (1849), the Supreme Court held that only the federal government could determine what constituted a "republican form of government" in a state, as provided for in the Guarantee Clause of Article Four of
6030-490: The Second Wheeling Convention declared the offices of all government officials who had voted for secession vacant and reconstituted the executive and legislative branches of the Virginia government from their own ranks. The Second Wheeling Convention adjourned on June 25 with the intent of reconvening on August 6. The new Reorganized Governor, Francis Harrison Pierpont , asked Lincoln for military assistance, and Lincoln recognized
6164-410: The Senate may not set any qualifications or otherwise limit who the president can choose. In modern times, the confirmation process has attracted considerable attention from the press and advocacy groups, which lobby senators to confirm or to reject a nominee depending on whether their track record aligns with the group's views. The Senate Judiciary Committee conducts hearings and votes on whether
6298-870: The Senate, and remained in office until his death in 1811. Two justices, William O. Douglas and Abe Fortas were subjected to hearings from the Judiciary Committee, with Douglas being the subject of hearings twice, in 1953 and again in 1970 and Fortas resigned while hearings were being organized in 1969. On July 10, 2024, Representative Alexandria Ocasia-Cortez filed Articles of Impeachment against justices Clarence Thomas and Samuel Alito , citing their "widely documented financial and personal entanglements." Because justices have indefinite tenure, timing of vacancies can be unpredictable. Sometimes they arise in quick succession, as in September 1971, when Hugo Black and John Marshall Harlan II left within days of each other,
6432-597: The Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789 . As it has since 1869, the court consists of nine justices – the chief justice of the United States and eight associate justices – who meet at the Supreme Court Building in Washington, D.C. Justices have lifetime tenure , meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When
6566-425: The Supreme Court. This clause is one example of the system of checks and balances inherent in the Constitution. The president has the plenary power to nominate, while the Senate possesses the plenary power to reject or confirm the nominee. The Constitution sets no qualifications for service as a justice, such as age, citizenship, residence or prior judicial experience, thus a president may nominate anyone to serve, and
6700-617: The U.S. Supreme Court designated as important and that had at least two dissenting votes in which the Justices divided along party lines, about one-half of one percent." Even in the turbulent 1960s and 1970s, Democratic and Republican elites tended to agree on some major issues, especially concerning civil rights and civil liberties—and so did the justices. But since 1991, they argue, ideology has been much more important in choosing justices—all Republican appointees have been committed conservatives and all Democratic appointees have been liberals. As
6834-522: The Union as the state of West Virginia on June 20, 1863. Later that year, the counties were divided into civil townships , with the intention of encouraging local government. This proved impractical in the heavily rural state, and in 1872 the townships were converted into magisterial districts . Raleigh County was initially divided into six townships: Clear Fork, Marsh Fork, Richman, Shady Spring, Town, and Trap Hill. These became magisterial districts in 1872, and
SECTION 50
#17328904765286968-558: The United States The Supreme Court of the United States ( SCOTUS ) is the highest court in the federal judiciary of the United States . It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law . It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which
7102-537: The United States Constitution . Virginia was not alone in having two governments, one unionist, one rebel, with the union government recognized by the United States. The Supreme Court had held in Luther v. Borden , "Under this article of the Constitution it rests with Congress to decide what government is the established one in a State." As both the President and Congress had recognized the Reorganized government, that provision
7236-466: The acts of the reorganized government regarding secession of the 39 counties and the admission of Berkeley and Jefferson Counties to Virginia. On March 10, 1866, Congress passed a resolution acknowledging the transfer of the two counties to West Virginia from Virginia. Virginia sued, arguing that no action had taken place under the act of May 13, 1862, requiring elections, and that the elections in 1863 had been fraudulent and irregular. West Virginia filed
7370-413: The admission of the State with the contingent boundaries provided for in its constitution and in the statute of Virginia, which prayed for its admission on those terms, and that in so doing it necessarily consented to the agreement of those States on that subject. There was then a valid agreement between the two States consented to by Congress, which agreement made the accession of these counties dependent on
7504-482: The age of 70 years 6 months and refused retirement, up to a maximum bench of 15 justices. The proposal was ostensibly to ease the burden of the docket on elderly judges, but the actual purpose was widely understood as an effort to "pack" the court with justices who would support Roosevelt's New Deal. The plan, usually called the " court-packing plan ", failed in Congress after members of Roosevelt's own Democratic Party believed it to be unconstitutional. It
7638-451: The appointments of relatively young attorneys who give long service on the bench, produces senior judges representing the views of past generations better than views of the current day." Sanford Levinson has been critical of justices who stayed in office despite medical deterioration based on longevity. James MacGregor Burns stated lifelong tenure has "produced a critical time lag, with the Supreme Court institutionally almost always behind
7772-536: The behest of Chief Justice Chase , and in an attempt by the Republican Congress to limit the power of Democrat Andrew Johnson , Congress passed the Judicial Circuits Act of 1866, providing that the next three justices to retire would not be replaced, which would thin the bench to seven justices by attrition. Consequently, one seat was removed in 1866 and a second in 1867. Soon after Johnson left office,
7906-544: The bench because of the death of Justice James Moore Wayne on July 5, 1867. The Court would not have nine Justices again until the resignation of Justice Robert Cooper Grier on January 31, 1870 and that year's confirmation of Justices William Strong in February and Joseph P. Bradley in March. During those three years, the Supreme Court was divided 4-4 as to whether it had jurisdiction over the case. Chief Justice Chase delayed taking up
8040-525: The case of Edwin M. Stanton . Although confirmed by the Senate on December 20, 1869, and duly commissioned as an associate justice by President Ulysses S. Grant , Stanton died on December 24, prior to taking the prescribed oaths. He is not, therefore, considered to have been a member of the court. Before 1981, the approval process of justices was usually rapid. From the Truman through Nixon administrations, justices were typically approved within one month. From
8174-477: The case until a majority had emerged in favor of affirming the Court's original jurisdiction, rather than seeking a ruling on the issue. The acceptance of original jurisdiction in that matter is now considered one of the most significant jurisdictional cases in Supreme Court history. It is noteworthy that former Associate Justice Benjamin Robbins Curtis argued unsuccessfully the case on behalf of Virginia before
SECTION 60
#17328904765288308-670: The city of Wheeling to consider secession from the Commonwealth of Virginia. Delegates duly assembled, and at the First Wheeling Convention (also known as the May Convention), held May 13 to 15, the delegates voted to hold off on secession from Virginia until the state had formally seceded from the United States. Concerned that the irregular nature of the First Wheeling Convention might not democratically represent
8442-446: The committee reports out the nomination, the full Senate considers it. Rejections are relatively uncommon; the Senate has explicitly rejected twelve Supreme Court nominees, most recently Robert Bork , nominated by President Ronald Reagan in 1987. Although Senate rules do not necessarily allow a negative or tied vote in committee to block a nomination, prior to 2017 a nomination could be blocked by filibuster once debate had begun in
8576-410: The consent of the existing state? If the former interpretation is adopted, not only West Virginia but also Kentucky , Maine , and possibly Vermont were also created unconstitutionally. Virginia v. West Virginia was also one of the first cases to establish the principle that Congress may give implied consent, which may be inferred from the context in which action was taken. It was not the first time
8710-435: The contract, and restoring the two counties to that State." Justice Miller then reviewed the various acts taken to reorganize the government of Virginia in 1861 and the various acts that the Reorganized Government and the United States took to create the state of West Virginia and extend its jurisdiction over the counties in question. In answering the first question, Miller wrote, "Now, we have here, on two different occasions,
8844-418: The county. The population density was 130 people per square mile (50 people/km ). There were 35,931 housing units at an average density of 59.4 units per square mile (22.9 units/km ). The racial makeup of the county was 88.5% white, 8.2% black or African American, 0.9% Asian, 0.2% American Indian, 0.4% from other races, and 1.7% from two or more races. Those of Hispanic or Latino origin made up 1.3% of
8978-503: The court (by order of seniority following the Chief Justice) include: For much of the court's history, every justice was a man of Northwestern European descent, and almost always Protestant . Diversity concerns focused on geography, to represent all regions of the country, rather than religious, ethnic, or gender diversity. Racial, ethnic, and gender diversity in the court increased in the late 20th century. Thurgood Marshall became
9112-406: The court heard few cases; its first decision was West v. Barnes (1791), a case involving procedure. As the court initially had only six members, every decision that it made by a majority was also made by two-thirds (voting four to two). However, Congress has always allowed less than the court's full membership to make decisions, starting with a quorum of four justices in 1789. The court lacked
9246-425: The court is composed of six justices appointed by Republican presidents and three appointed by Democratic presidents. It is popularly accepted that Chief Justice Roberts and associate justices Thomas , Alito , Gorsuch , Kavanaugh , and Barrett, appointed by Republican presidents, compose the court's conservative wing, and that Justices Sotomayor , Kagan , and Jackson , appointed by Democratic presidents, compose
9380-562: The court the most conservative since the 1930s as well as calls for an expansion in the court's size to fix what some saw as an imbalance, with Republicans having appointed 14 of the 18 justices immediately preceding Amy Coney Barrett . In April 2021, during the 117th Congress , some Democrats in the House of Representatives introduced the Judiciary Act of 2021, a bill to expand the Supreme Court from nine to 13 seats. It met divided views within
9514-406: The court's liberal wing. Prior to Justice Ginsburg's death in 2020, the conservative Chief Justice Roberts was sometimes described as the court's 'median justice' (with four justices more liberal and four more conservative than he is). Darragh Roche argues that Kavanaugh as 2021's median justice exemplifies the rightward shift in the court. Raleigh County, West Virginia Raleigh County
9648-577: The court's members. The Constitution assumes the existence of the office of the chief justice, because it mentions in Article I, Section 3, Clause 6 that "the Chief Justice" must preside over impeachment trials of the President of the United States . The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court composed of
9782-441: The death penalty itself was not unconstitutional ( Gregg v. Georgia ). The Rehnquist Court (1986–2005) was known for its revival of judicial enforcement of federalism , emphasizing the limits of the Constitution's affirmative grants of power ( United States v. Lopez ) and the force of its restrictions on those powers ( Seminole Tribe v. Florida , City of Boerne v. Flores ). It struck down single-sex state schools as
9916-609: The demurrer could not be granted "without reversing the settled course of decision in this court and overturning the principles on which several well-considered cases have been decided." He noted that the court had asserted its jurisdiction in several cases before, including The State of Rhode Island and Providence Plantations v. The Commonwealth of Massachusetts , 37 U.S. 657 (1838); State of Missouri v. State of Iowa , 48 U.S. 660 (1849); Florida v. Georgia , 58 U.S. 478 (1854); and State of Alabama v. State of Georgia , 64 U.S. 505 (1860). Justice Miller then posed three questions for
10050-438: The detailed organization of a federal judiciary through the Judiciary Act of 1789 . The Supreme Court, the country's highest judicial tribunal, was to sit in the nation's capital and would initially be composed of a chief justice and five associate justices. The act also divided the country into judicial districts, which were in turn organized into circuits. Justices were required to "ride circuit" and hold circuit court twice
10184-794: The electoral recount during the 2000 United States presidential election , remains especially controversial with debate ongoing over the rightful winner and whether or not the ruling should set a precedent. The Roberts Court (2005–present) is regarded as more conservative and controversial than the Rehnquist Court. Some of its major rulings have concerned federal preemption ( Wyeth v. Levine ), civil procedure ( Twombly – Iqbal ), voting rights and federal preclearance ( Shelby County ), abortion ( Gonzales v. Carhart and Dobbs v. Jackson Women's Health Organization ), climate change ( Massachusetts v. EPA ), same-sex marriage ( United States v. Windsor and Obergefell v. Hodges ), and
10318-423: The emphatic legislative proposition of Virginia that these counties might become part of West Virginia; and we have the constitution of West Virginia agreeing to accept them and providing for their place in the new-born State." There was no question, in the mind of the majority, that Virginia had given its consent. Although the elections had been postponed because of a "hostile" environment, the majority concluded that
10452-470: The first African-American justice in 1967. Sandra Day O'Connor became the first female justice in 1981. In 1986, Antonin Scalia became the first Italian-American justice. Marshall was succeeded by African-American Clarence Thomas in 1991. O'Connor was joined by Ruth Bader Ginsburg, the first Jewish woman on the Court, in 1993. After O'Connor's retirement Ginsburg was joined in 2009 by Sonia Sotomayor ,
10586-1206: The first Hispanic and Latina justice, and in 2010 by Elena Kagan. After Ginsburg's death on September 18, 2020, Amy Coney Barrett was confirmed as the fifth woman in the court's history on October 26, 2020. Ketanji Brown Jackson is the sixth woman and first African-American woman on the court. There have been six foreign-born justices in the court's history: James Wilson (1789–1798), born in Caskardy , Scotland; James Iredell (1790–1799), born in Lewes , England; William Paterson (1793–1806), born in County Antrim , Ireland; David Brewer (1889–1910), born to American missionaries in Smyrna , Ottoman Empire (now İzmir , Turkey); George Sutherland (1922–1939), born in Buckinghamshire , England; and Felix Frankfurter (1939–1962), born in Vienna , Austria-Hungary (now in Austria). Since 1789, about one-third of
10720-465: The formation of the new state, the US Congress adopted a statehood bill on July 14, 1862, which contained the proviso of freeing all blacks in the new state under the age of 21 on July 4, 1863. Lincoln was unsure of the bill's constitutionality, but pressed by northern senators, he signed the legislation on December 31, 1862. The West Virginia constitutional convention had not adjourned sine die but
10854-407: The full Senate. President Lyndon B. Johnson 's nomination of sitting associate justice Abe Fortas to succeed Earl Warren as Chief Justice in 1968 was the first successful filibuster of a Supreme Court nominee. It included both Republican and Democratic senators concerned with Fortas's ethics. President Donald Trump 's nomination of Neil Gorsuch to the seat left vacant by Antonin Scalia 's death
10988-529: The hope of guiding executive action. The Supreme Court's 2014 decision in National Labor Relations Board v. Noel Canning limited the ability of the president to make recess appointments (including appointments to the Supreme Court); the court ruled that the Senate decides when the Senate is in session or in recess. Writing for the court, Justice Breyer stated, "We hold that, for purposes of
11122-471: The justices have been U.S. military veterans. Samuel Alito is the only veteran currently serving on the court. Retired justices Stephen Breyer and Anthony Kennedy also served in the U.S. military. Justices are nominated by the president in power, and receive confirmation by the Senate, historically holding many of the views of the nominating president's political party. While justices do not represent or receive official endorsements from political parties, as
11256-756: The land as being the ancestral home of the Catawba -speaking Moneton people, who referred to the surrounding area as "okahok amai", and were allies of the Monacan people . The Moneton's Catawba speaking neighbors to the south, the Tutelo , (a tribe since absorbed into the Cayuga Nation ) may have absorbed surviving Moneton communities, and claim the area as ancestral lands. Conflicts with European settlers resulted in various displaced Indian tribes settling in West Virginia, where they were known at Mingo , meaning "remote affiliates of
11390-553: The legality of the secession of West Virginia. A second constitutional question arises as to whether the Constitution permits states to be carved out of existing states, whether consent is given or not. Article IV, Section 3, Clause 1, of the US Constitution states: States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by
11524-679: The legislature, delegates voted on April 17, 1861 to approve Virginia's secession from the United States. Although the resolution required approval from voters at an election scheduled for May 23, 1861, Virginia's governor entered into a treaty of alliance with the Confederate States of America on April 24, elected delegates to the Confederate Congress on April 29, and formally entered the Confederacy on May 7. For US President Abraham Lincoln , those actions proved that rebels had taken over
11658-466: The mandatory Pledge of Allegiance ( Minersville School District v. Gobitis ). Nevertheless, Gobitis was soon repudiated ( West Virginia State Board of Education v. Barnette ), and the Steel Seizure Case restricted the pro-government trend. The Warren Court (1953–1969) dramatically expanded the force of Constitutional civil liberties . It held that segregation in public schools violates
11792-405: The more moderate Republican justices retired, the court has become more partisan. The Court became more divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions. Following the confirmation of Amy Coney Barrett in 2020 after the death of Ruth Bader Ginsburg ,
11926-428: The most recent justice to join the court is Ketanji Brown Jackson, whose tenure began on June 30, 2022, after being confirmed by the Senate on April 7. This graphical timeline depicts the length of each current Supreme Court justice's tenure (not seniority, as the chief justice has seniority over all associate justices regardless of tenure) on the court: The court currently has five male and four female justices. Among
12060-485: The most severe was the Eccles Mine Disaster in 1914. At least one hundred and eighty miners died in what was the second-worst coal mining disaster in state history. More recently, the 2010 Upper Big Branch Mine disaster , which killed twenty-nine miners, occurred in Raleigh County. Raleigh County miners were also killed by violent suppression of labor organizing, such as in the so-called Battle of Stanaford during
12194-556: The name "West Virginia" but then engaged in lengthy and acrimonious debate over whether to extend the state's boundaries to other counties that had not voted to secede. Added to the new state were McDowell , Mercer , and Monroe Counties. Berkeley, Frederick , Hampshire, Hardy, Jefferson, Morgan, and Pendleton Counties were again offered the chance to join, which all but Frederick County accepted. Eight counties, Greenbrier , Logan , McDowell , Mercer , Monroe , Pocahontas , Webster , and Wyoming Counties, never participated in any of
12328-461: The nation's boundaries grew across the continent and as Supreme Court justices in those days had to ride the circuit , an arduous process requiring long travel on horseback or carriage over harsh terrain that resulted in months-long extended stays away from home, Congress added justices to correspond with the growth such that the number of seats for associate justices plus the chief justice became seven in 1807 , nine in 1837 , and ten in 1863 . At
12462-493: The new Civil War amendments to the Constitution and developed the doctrine of substantive due process ( Lochner v. New York ; Adair v. United States ). The size of the court was last changed in 1869, when it was set at nine. Under the White and Taft Courts (1910–1930), the court held that the Fourteenth Amendment had incorporated some guarantees of the Bill of Rights against
12596-646: The new government. The region elected new US Senators , and its two existing US Representatives took their old seats in the House, which effectively gave congressional recognition to the Reorganized Government as well. After reconvening on August 6, the Second Wheeling Convention again debated secession from Virginia. The delegates adopted a resolution authorizing the secession of 39 counties, with Berkeley, Greenbrier , Hampshire , Hardy , Jefferson, Morgan , and Pocahontas Counties to be added if their voters approved, and it authorized any counties contiguous with them to join
12730-412: The new president Ulysses S. Grant , a Republican, signed into law the Judiciary Act of 1869 . This returned the number of justices to nine (where it has since remained), and allowed Grant to immediately appoint two more judges. President Franklin D. Roosevelt attempted to expand the court in 1937. His proposal envisioned the appointment of one additional justice for each incumbent justice who reached
12864-538: The new state if they so voted as well. On October 24, 1861, voters in the 39 counties, as well as voters in Hampshire and Hardy Counties, voted to secede from the Commonwealth of Virginia. In eleven counties, voter participation was less than 20%, and Raleigh and Braxton Counties had a voter turnout of only 5% and 2%. The ballot also allowed voters to choose delegates to a constitutional convention, which met from November 26, 1861 to February 18, 1862. The convention chose
12998-447: The nine justices, there are two African American justices (Justices Thomas and Jackson ) and one Hispanic justice (Justice Sotomayor ). One of the justices was born to at least one immigrant parent: Justice Alito 's father was born in Italy. At least six justices are Roman Catholics , one is Jewish , and one is Protestant . It is unclear whether Neil Gorsuch considers himself
13132-408: The nomination should go to the full Senate with a positive, negative or neutral report. The committee's practice of personally interviewing nominees is relatively recent. The first nominee to appear before the committee was Harlan Fiske Stone in 1925, who sought to quell concerns about his links to Wall Street , and the modern practice of questioning began with John Marshall Harlan II in 1955. Once
13266-514: The party, and Speaker of the House Nancy Pelosi did not bring it to the floor for a vote. Shortly after taking office in January 2021, President Joe Biden established a presidential commission to study possible reforms to the Supreme Court. The commission's December 2021 final report discussed but took no position on expanding the size of the court. At nine members, the U.S. Supreme Court
13400-556: The polls initiated by the Wheeling government, but they were still included in the new state. A new constitution for West Virginia was adopted on February 18, 1862 and was approved by voters on April 4. Governor Pierpont recalled the Reorganized state legislature, which voted on May 13 to approve the secession and to include Berkeley, Frederick, and Jefferson Counties if they approved the new West Virginia constitution as well. After much debate over whether Virginia had truly given its consent to
13534-443: The population were Hispanic or Latino of any race. There were 31,793 households, out of which 28.60% had children under the age of 18 living with them, 54.30% were married couples living together, 11.90% had a female householder with no husband present, and 30.50% were non-families. 27.10% of all households were made up of individuals, and 12.90% had someone living alone who was 65 years of age or older. The average household size
13668-420: The population. In terms of ancestry, 41.8% were American , 9.1% were English , 8.6% were German , and 8.5% were Irish . Of the 31,831 households, 29.0% had children under the age of 18 living with them, 50.2% were married couples living together, 12.2% had a female householder with no husband present, 33.0% were non-families, and 28.6% of all households were made up of individuals. The average household size
13802-399: The power to remove justices and to ensure judicial independence . No constitutional mechanism exists for removing a justice who is permanently incapacitated by illness or injury, but unable (or unwilling) to resign. The only justice ever to be impeached was Samuel Chase , in 1804. The House of Representatives adopted eight articles of impeachment against him; however, he was acquitted by
13936-593: The reorganized governor to hold elections in Berkeley County on whether or not to join West Virginia. The Reorganized legislature similarly approved on February 4, 1863 an election for Jefferson County and others. The elections were held, voters approved secession, and Berkeley and Jefferson Counties were admitted to West Virginia. On December 5, 1865, the Virginia Assembly in Richmond passed legislation repealing all
14070-446: The result of a popular vote in favor of that proposition." Miller then considered the third question. The majority held that although the language of the two statutes of January 31, 1863 and February 4, 1863, were different, they had the same legal intent and force. Virginia showed "good faith" in holding the elections, Miller asserted. That the Reorganized Virginia legislature did not require vote totals to be reported to it and delegated
14204-435: The same year a seventh district, Slab Fork, was created from land that had previously belonged to Wyoming County . These remained largely unchanged over the next century, but in the 1970s the seven historic magisterial districts were consolidated into three new districts: District 1, District 2, and District 3. Heavily involved in the coal mining industry, Raleigh County has been the scene of numerous deadly incidents, of which
14338-407: The shortest period of time between vacancies in the court's history. Sometimes a great length of time passes between vacancies, such as the 11-year span, from 1994 to 2005, from the retirement of Harry Blackmun to the death of William Rehnquist , which was the second longest timespan between vacancies in the court's history. On average a new justice joins the court about every two years. Despite
14472-469: The slave freedom amendment on March 26, 1863. On April 20, Lincoln announced that West Virginia would become a state in 60 days. Since they were then under the military control of the Confederacy, Berkeley, Frederick, and Jefferson Counties never held votes on secession or the new West Virginia state constitution. On January 31, 1863, the Restored Government of Virginia passed legislation authorizing
14606-463: The state and turned the machinery of the state toward insurrection. The individuals had not acted with popular support and thus Lincoln later felt justified in recognizing the Reorganized Government. Unionist sentiment was so high in the northwestern counties that civil government began to disintegrate, and the Wheeling Intelligencer newspaper called for a convention of delegates to meet in
14740-554: The state of New York, two are from Washington, D.C., and one each is from New Jersey, Georgia, Colorado, and Louisiana. Eight of the current justices received their Juris Doctor from an Ivy League law school : Neil Gorsuch, Ketanji Brown Jackson, Elena Kagan and John Roberts from Harvard ; plus Samuel Alito, Brett Kavanaugh , Sonia Sotomayor and Clarence Thomas from Yale . Only Amy Coney Barrett did not; she received her Juris Doctor at Notre Dame . Previous positions or offices, judicial or federal government, prior to joining
14874-528: The states ( Gitlow v. New York ), grappled with the new antitrust statutes ( Standard Oil Co. of New Jersey v. United States ), upheld the constitutionality of military conscription ( Selective Draft Law Cases ), and brought the substantive due process doctrine to its first apogee ( Adkins v. Children's Hospital ). During the Hughes , Stone , and Vinson courts (1930–1953), the court gained its own accommodation in 1935 and changed its interpretation of
15008-503: The subjects the Supreme Court may hear, it may limit the jurisdiction of the lower federal courts to prevent them from hearing cases dealing with certain subjects. Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford , which helped precipitate the American Civil War . In the Reconstruction era , the Chase , Waite , and Fuller Courts (1864–1910) interpreted
15142-466: The supreme expositor of the Constitution ( Marbury v. Madison ) and making several important constitutional rulings that gave shape and substance to the balance of power between the federal government and states, notably Martin v. Hunter's Lessee , McCulloch v. Maryland , and Gibbons v. Ogden . The Marshall Court also ended the practice of each justice issuing his opinion seriatim ,
15276-448: The time of the new state's admission to union with the United States. The conditions had not been met by the time of admission and thus no transfer could be constitutionally made. Congress had not agreed to additional legislative acts of transfer and thus they could not be made without Virginia's assent, which had since been withdrawn. When Virginia v. West Virginia first came to the Supreme Court in 1867, there were only eight Justices on
15410-468: The times." Proposals to solve these problems include term limits for justices, as proposed by Levinson and Sabato and a mandatory retirement age proposed by Richard Epstein , among others. Alexander Hamilton in Federalist 78 argued that one benefit of lifetime tenure was that, "nothing can contribute so much to its firmness and independence as permanency in office." Article Three, Section 1 of
15544-660: The transmission of the vote totals to West Virginia was not at issue, according to Miller. That gave the Reorganized Governor discretion as to when, where, and how to hold the votes to certify them. The legislature acted within its power to delegate these duties to the Reorganized Governor, "and his decision [was] conclusive as to the result." Were the votes fair and regular? The Virginia Assembly, Miller noted, made only "indefinite and vague" allegations about vote fraud, and unspecified charges that somehow, Governor Pierpont must have been "misled and deceived" by others into believing
15678-404: The two counties in question, because Congress had seriously considered the slavery question regarding the admission of the new state and required changes in the proposed constitution before statehood could be granted. That debate could lead the Court to only a single conclusion, Miller stated: "It is, therefore, an inference clear and satisfactory that Congress by that statute, intended to consent to
15812-557: The unlawfulness of secession; or the power of the national government, under the Guarantee Clause, to recognize alternative State governments created by loyal citizens in resistance to insurrectionary regimes that have taken over the usual governing machinery of their States." Although the US Supreme Court never ruled on the constitutionality of the state's creation, decisions such as those in Virginia v. West Virginia have led to
15946-447: The variability, all but four presidents have been able to appoint at least one justice. William Henry Harrison died a month after taking office, although his successor ( John Tyler ) made an appointment during that presidential term. Likewise, Zachary Taylor died 16 months after taking office, but his successor ( Millard Fillmore ) also made a Supreme Court nomination before the end of that term. Andrew Johnson, who became president after
16080-410: The voting was fair and regular. Miller pointedly observed that not a single person was charged with fraud, no specific act of fraud was stated, and no legal wrongs asserted. The Virginia Assembly also did not claim that West Virginia had interfered in the elections. Absent such allegations, Virginia's accusations cannot be sustained, Miller concluded. However, even if that aspect of Virginia's argument
16214-416: The will of the State of West Virginia, and without consulting the wishes of the people of those counties." Associate Justice David Davis wrote a dissent, joined by Associate Justices Nathan Clifford and Stephen Johnson Field . Davis concluded that Congress had never given its consent to the transfer of Berkeley and Jefferson Counties to West Virginia. By the time that Congress did so, on March 10, 1866,
16348-460: The will of the people, formal elections were scheduled for June 4 to elect delegates to a second convention, if necessary. Virginians voted to approve secession on May 23. On June 4, elections were held and delegates to an elected Second Wheeling Convention . Those elections were irregular as well. Some were held under military pressure, some counties sent no delegates, some delegates never appeared, and voter turnout varied significantly. On June 19,
16482-435: Was $ 28,181, and the median income for a family was $ 35,315. Males had a median income of $ 33,000 versus $ 20,672 for females. The per capita income for the county was $ 16,233. About 14.60% of families and 18.50% of the population were below the poverty line , including 28.70% of those under age 18 and 10.50% of those age 65 or over. As of the census of 2010, there were 78,859 people, 31,831 households, and 21,322 families in
16616-575: Was 2.36 and the average family size was 2.87. The median age was 41.1 years. The median income for a household in the county was $ 38,036 and the median income for a family was $ 49,837. Males had a median income of $ 42,405 versus $ 27,347 for females. The per capita income for the county was $ 20,457. About 14.5% of families and 17.5% of the population were below the poverty line , including 26.1% of those under age 18 and 10.2% of those age 65 or over. Raleigh County voters have tended to vote Republican in recent decades. In 67% of national elections since 1980,
16750-407: Was 2.38 and the average family size was 2.88. The county population contained 21.50% under the age of 18, 8.70% from 18 to 24, 28.60% from 25 to 44, 25.70% from 45 to 64, and 15.40% who were 65 years of age or older. The median age was 40 years. For every 100 females there were 96.80 males. For every 100 females age 18 and over, there were 94.90 males. The median income for a household in the county
16884-464: Was also admitted to the Union. One widely-cited legal analysis concluded that "the process of West Virginia statehood was hyper-legal." Indeed, denying the legality of the Reorganized government would create significant problems, two legal scholars have argued since it "follows, we submit, that 'Virginia' validly consented to the creation of West Virginia with its borders. Indeed, one can deny this conclusion only if one denies one of Lincoln's twin premises:
17018-521: Was defeated 70–20 in the Senate, and the Senate Judiciary Committee reported that it was "essential to the continuance of our constitutional democracy" that the proposal "be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America." The expansion of a 5–4 conservative majority to a 6–3 supermajority during the first presidency of Donald Trump led to analysts calling
17152-541: Was ignored, Miller wrote, the Reorganized legislature had delegated all its power to certify to the election to Governor Pierpont, and he had certified it. That alone laid to rest Virginia's allegations. "[She] must be bound by what she had done. She can have no right, years after all this has been settled, to come into a court of chancery to charge that her own conduct has been a wrong and a fraud; that her own subordinate agents have misled her governor, and that her solemn act transferring these counties shall be set aside, against
17286-486: Was met and so the entire process was legal. There were precedents for such action as well. As one legal scholar has noted, Michigan was admitted to the union after irregular elections for three unauthorized constitutional conventions led to a request for statehood being eventually granted by Congress in 1837. Kansas , despite undergoing a highly irregular statehood process marked by violence, mass meetings masquerading as legislative assemblies, and allegations of vote fraud,
17420-411: Was not acted on by the Senate; Eisenhower re-nominated Harlan in January 1955, and Harlan was confirmed two months later. Most recently, the Senate failed to act on the March 2016 nomination of Merrick Garland, as the nomination expired in January 2017, and the vacancy was filled by Neil Gorsuch, an appointee of President Trump. Once the Senate confirms a nomination, the president must prepare and sign
17554-509: Was rather subject to recall. Every county except Webster and Monroe Counties sent representatives to the session that convened on February 12, 1863 with Abraham D. Soper as its president. After spirited debate concerning compensation for slaveowners whose slaves were freed (the matter ultimately being tabled), the convention amended the state's constitution on February 17 to include the congressionally-required slave freedom provisions and adjourned sine die on February 20. The state's voters ratified
17688-419: Was the home of Senator Robert C. Byrd . The New River flows northwestward along the county's east border. The county terrain consists of wooded hills, carved with drainages. The terrain slopes to the north and west; its highest point is near its southmost corner, at 3,524 ft (1,074 m) ASL. The county has a total area of 609 square miles (1,580 km ), of which 605 square miles (1,570 km )
17822-627: Was the second. Unlike the Fortas filibuster, only Democratic senators voted against cloture on the Gorsuch nomination, citing his perceived conservative judicial philosophy, and the Republican majority's prior refusal to take up President Barack Obama 's nomination of Merrick Garland to fill the vacancy. This led the Republican majority to change the rules and eliminate the filibuster for Supreme Court nominations. Not every Supreme Court nominee has received
17956-475: Was while debating the separation of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary . Creating a "third branch" of government was a novel idea ; in the English tradition, judicial matters had been treated as an aspect of royal (executive) authority. Early on, the delegates who were opposed to having
#527472