The Supreme Court

Judicial Review: Power to consider the constitutionality of and act of government (legislative, Executive or Judicial) This power rests with the Supreme Court Final Authority on meaning of the Constitution

Is Judicial review written in Constitution?? No, it is implied that it should have this power What case did the court first assert its power of Judicial review? Marbury v. Madison-1803 Court Packing William Marbury Thomas Jefferson won election –Democratic Republican (John Adams-lost- Federalist) Jefferson did not enforce commission of justices chosen by Adams Marbury went to Supreme Court with Suit – Writ of Mandamus = force delivery of commission Court refused Marbury’s request (used Judiciary Act of 1789) b/c actions of Govt are inferior to the Constitution and cannot conflict with it

Effects of Marbury v. Madison Justice John Marshall claimed the right of the Supreme Court to declare acts of Congress unconstitutional Laid foundation for the Judicial branches key role in US Govt System Usually has upheld constitutionality of Federal and State actions. Also interprets federal law and its application

Jurisdiction: Original and Appellate jurisdiction Most cases on appeal 2 classes of cases: original jurisdiction 1. all controversies involving a State(s) 2. all cases brought against an Ambassador, or other public ministers, but not consuls Court can hear cases involving Consuls if it is an appellate case.

How cases reach the Court 8,000 appealed to SC- a few hundred chosen for review- >100 actually heard Most cases come from Highest State Courts and Federal Court of Appeals If Justices Agree with LC’s decision= not chosen Rule of Four= how cases are chosen May remand (return) a case back to LC for reconsideration Writ of Certiorari: order by S. Court directing LC to send the record for a given case for its review (to be made more certain)-issues with the interpretation of a statute.

“Cert”- can be granted or denied If denied the LC decision stands (4 or ore justices do not agree SC should accept case) Certificate: cases can reach SC when LC is not clear about the procedure or the rule of law that should apply in that case LC asks SC to certify the answer to a question in the matter

How the SC Operates 1 st Monday in Oct. – June or July EX: 2002 term ran from Oct. 1, 2002 – early summer Accept Case 2. Set date 3. Hear Oral arguments- for cases for 2 weeks then recess for 2 weeks to consider 10:00 am (M-W (Th.? ) –lawyers are almost always limited to 30 minutes

Brief: Written document filed with Court before arguments begin. They are detailed statements that support one side of a case built on relevant facts and citation of previous cases Conference: Justices meet & they consider the cases for which they have heard arguments Chief Justice presides over conference (tells how he will vote) and each Associate Justice summarizes their view

Opinions Majority Opinion: Court’s Opinion and sets out the reasoning for which it is based Precedents: majority opinion states precedence or sets example to be followed in similar cases Concurring Opinion: to add or emphasize a point that was not made in the majority opinion Dissenting opinion: written by Justices who do not agree with the majority decision On rare occasions the SC can reverse itself Minority opinion today can be majority opinion later