Presentation on theme: "Unit Four Lesson 25 What is the role of the Supreme Court in the American Constitutional System?"— Presentation transcript:
1 Unit Four Lesson 25What is the role of the Supreme Court in the AmericanConstitutional System?
2 The Constitutional Powers of the Supreme Court Article III creates the Supreme Court and gives Congress power to create other courts inferior to the Supreme CourtSupreme Court Justices had live tenure & other federal judges have year termsFederal Courts have specific JURISDICTION – those involving national laws and/or involving citizens from more than one stateArticle III also guarantees a trial by jury in all criminal cases except impeachmentSupreme Court (implied) has JUDICIAL REVIEW
3 Supreme Court JURISDICTION ORIGINAL JURISDICTION – the power to pass judgment on the facts of the case and by lawS.C. rarely had original jurisdiction (first hearing)If a case involves one of the followingForeign DiplomatsDisputed between statesAPPELLATE JURISDICTION – the power to review and revise the decision of an inferior courtAppeal – to ask for a new hearing from a high court in hopes it will overturn or modify the rulingJudiciary Act of 1789 created a 3 tier system
4 Judicial ReviewMarbury v. Madison established the practice of Judicial ReviewJudicial Review is the power of the Supreme Court to rule acts of government unconstitutionalUS the only country that gives its independent judiciary this powerJudicial ReviewPOWERFUL check and balance to the powers of government over the citizensPROTECTS individual rights from the powers of gov’tINSULATES your rights from the whims of politics
5 How a case gets to the Supreme Court Litigant – parties involved in the lawsuit who makes the appeal to a high courtA request for the S.C. to hear that caseRULE of FOUR – upon review, if 4 (out of 9) S.C. justices believe the case has merit, they issue a WRIT of CERTIORARI which requires the lower courts to send records of the case to the S.C.Each year, more than 10,000 requests are made to the S.C. They usually hear less than 100/year
6 Supreme Court Decisions MAJORITY Opinion – the Chief Justice chooses a justice from the winning side to write the MAJORITY DECISION which gives legal reasons for the decisionDISSENTING OPINION – Any justice on the losing side can write a DISSENTING OPINION which states their reasons for disagreeing using legal precedentThe Supreme Court attempts to come to as decisive a decision as possible9-0 means there is little/no legal way to challenge5-4 means there are 4 justices who disagree and there is much legal angles to challenge the ruling in the future
7 Methods of Constitutional Interpretation Strict ConstructionConsidering the actual words of the ConstitutionKeeps Justices from imposing their valuesOriginal intentTrying to understand the INTENT of the FramersApplied the concepts of the time to todayFundamental PrinciplesNatural Rights, Republican Government or Limited GovernmentUsed to apply principles to todayModernismConstitution should be adapted to fit the changing times and contemporary needsThis would not hold back social progress by sticking to outdated interpretations of the Constitution
8 Checks on the powers of the Supreme Court Self Imposed LimitsThe S.C. refuses to hear “political questions”Won’t hear issues other branches should deal withWon’t offer “ADVISORY OPINIONS”Presidential AppointmentsWho sits on the Supreme Court impacts the rulingsPresidential Appointments can sway or block opinionsExecutive EnforcementThe President/Exec. Branch can refuse to enforce rulingsCongressional PowersCongress controls the budget of the courtsCongress can alter the size of the Supreme CourtConstitutional AmendmentsFederalismStates responsible for enforcing Supreme Court rulingsStates may be lax (intentionally or not) in doing so (ie-desegregation)
9 UNIT FOUR ESSAYS1) Although the Constitution does not explicitly mention the power of judicial review, it has exercised this power for two hundred years. How has the Supreme Court’s power of judicial review expanded the role of the Court? ** Is the practice of judicial review consistent with democratic practices? Why orwhy not?**Does the Supreme Court have too much power? Why or why not?2) In the Constitution, why are the power of and limits on Congress addressed first and in greater detail than those of other branches?**In addition to the power granted to Congress in Article 1, what other provisionsin the Constitution address legislative powers? Why?**How have the “enforcement” provisions of amendments adapted since the CivilWar increased congressional power?3) How and why has presidential power expanded since the ratification of the Constitution?**How have wars, emergencies, and the media contributed to the expansion ofpresidential powers?**How have the other branches of government responded to the expansion ofpresidential power? Do you think they have done so adequately? Explain
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