Presentation on theme: "The Supreme Court “We are not final because we are infallible, but we are infallible only because we are final.”"— Presentation transcript:
1 The Supreme Court“We are not final because we are infallible, but we are infallible only because we are final.”
2 A. Judicial Review1. Judicial review is the power to decide on the constitutionality of an act of government.2. The principle of judicial review was established in the case of Marbury v. Madison, 1803.
3 Marbury V MadisonDid the Court have the ability to force President Jefferson to give Marbury his job?Congress said yesConstitution said noConstitution won – the court invalidated its first act of Congress as being Unconstitutional
4 Checks and BalancesIndependence: judicial review, life terms, cannot have salaries lowered while servingDependence: nominated by the President, confirmed by the Senate, size of the court set by Congress, reliant on President to enforce decisions, salary raises up to Congress
5 B. Jurisdiction The Supreme Court is overwhelmingly an appellate court Today the Supreme Court has almost complete control over its own caseload.Their rulings impact all courts in the United States
6 C. How Cases Reach the Court Under "the rule of four," at least four judges must agree that the Court should hear a case before that case is selected for the Court's docket.The court only takes about 1 percent of the cases (about 100) that are requested for reviewThey will usually only take cases that involve new and important questions of law
7 The Court’s impactOnce the court makes a rule it affects all state and federal courtsFrom that point on, any court that faces a similar problem has to come to the same rulingIn Engle v Vitale (1962) the Supreme Court ruled that New York schools cannot start the day with a nondenominational prayerAs a result, state and federal courts across the country began to block player in schools
8 The Supreme Court at Work The judges make their decisions based on one-hour Oral Arguments and written arguments called BriefsAfter Oral Arguments the justices meet in secret session to discuss in depth and vote on the cases they have heard.Opinions - The majority of the justices of the Supreme Court write the Opinion of the Court (the majority opinion); there may also be concurring opinions and dissenting opinions; all may have an influence on subsequent rulings.Concurring opinion - an opinion that agrees with the majority who should win, but for a different reasonDissenting opinion - an opinion disagreeing with the Opinion of the Court on who should win.