1. The Supreme Court

2. Source of Power Judicial Review –Process of determining if a law is constitutional-local, state, national Deal with local or state if there is proof they violate the constitution e.g. school dress codes in 60’s Over 100 federal laws have been declared unconstitutional in the past 200 years-not many-close to 1000 passed each year

3. Interpretation of a law’s meaning Laws often written in vague language which can be interpreted in different ways –“separate but equal” Plessy v. Ferguson, Brown v. Board of Ed. of Topeka, KS –New Miranda strengthening-”you have the right to…” Precedent-how earlier courts have interpreted the issue

4. Functions Terms –8 months/yr In session two weeks/month-”sittings” –Attorneys present both sides of case Roe v. Wade –During two-week recesses justices conduct research on case issues Looking for precedents –When ready, justices issue an opinion (may take years)

5. Statement of decision and why Often minority opinions if a justice feels strongly How cases get to the Supreme Court –Certain cases start at the SC they are their only jurisdiction as per Constitution Representatives of foreign governments (diplomatic immunity) Cases in which a state is a party –All others arrive by appeal on a “Writ of Certiorari”- the Court requests the case from a lower court The SC can decide not to accept a case, in which case, the lower court ruling stands –How do they decide which cases to accept Potential cases screened by clerks put on discuss list- Justices decide

6. Steps in deciding a case –Briefs Written arguments and facts submitted by attorneys on both sides of a case –Oral Arguments Lawyers on each side are given 1 hour to make their case –Justices discuss case in conference-closed to all but justices-Chief Justice presides- may last 8 hours, then they call for vote. Majority needed to reach decision –Important cases get a written opinion

7. Court Philosophy Strict constructionist –Strict interpretation of constitution-unless something is specifically stated, the power is not granted (Scalia, Roberts, Alito, Thomas, Kennedy) Activist –expanding scope of Constitution by interpreting it more broadly (Ginsburg, Breyer, Kagan, Sotomayor)