Presentation on theme: "Chapter 8 Section 3. Constitutional: In accordance with the Constitution. Judicial Review: The power of the Supreme Court to say whether any federal,"— Presentation transcript:
Constitutional: In accordance with the Constitution. Judicial Review: The power of the Supreme Court to say whether any federal, state, or local law or govt. action goes against the Constitution.
Supreme Court (SC) exerts its influence all across the US. This court stands above all others Main job: ◦ To decide whether laws are allowable under the constitution SC has original jurisdiction in only 2 cases: ◦ Trials in which foreign diplomats are involved ◦ Disputes between states Other cases have gone through federal appeals process
SC is not required to hear all cases presented to it Chooses the cases to hear Final authority in any case involving: ◦ Constitution ◦ Acts of Congress ◦ Treaties with other nations
SC is made up of: ◦ 8 associate judges ◦ 1 chief justice Judges are important political decision makers: ◦ Rulings affect citizens as much as presidential or congressional decisions
President appoints SC justices: ◦ Senate must approve Vacancies on SC: ◦ Death ◦ Resignation Usually share same political philosophy: ◦ Once appointed they may make rulings that president doesn’t like
SC justices are always lawyers: ◦ Practice law ◦ Teach law ◦ Serve as judges in lower courts ◦ Other public positions First AA judge: ◦ Thurgood Marshall 1967 First female judge: ◦ Sandra Day O’Connor 1981
Legislative and executive branches of the govt. must follow SC rulings Exercises political influence in several ways: ◦ Judicial Review ◦ Interpreting laws
Significant job of the SC: ◦ Make sure laws are constitutional ◦ Judicial Review If court decides law is unconstitutional: ◦ It has power to cancel law or action
Constitution does not give the SC power of judicial review This case (1803) gave gave SC judicial review This case helped make the judicial branch equal in power to the executive and legislative branches Pg. 203: Marbury v. Madison
Congress uses general language when it writes laws: ◦ SC interprets these laws Example: stiff penalties when people “use” a gun while committing a crime: ◦ What does “use” mean?
Congress can get around a court rulings: ◦ By passing a new law ◦ Change law ruled unconstitutional ◦ Adopt new amendment to Constitution Court can not issue a ruling on a case that hasn’t been challenged or appealed