The Supreme Court Chapter 8 section 3 The Judicial Branch The Supreme Court Chapter 8 section 3

The Supreme Court The importance of the Supreme Court has grown since the Court’s early days As it gained in stature, the Court also tended to experience political shifts mirroring those in society at large. The Supreme Court meets from October to June or July

The Supreme Court Constitution does not explicitly define roles or structure of Supreme Court Alexander Hamilton and other founding fathers claimed the Supreme Court was necessary to provide checks on President and Congress

Choosing Supreme Court Justices Choosing a Nominee Constitution: no formal requirements for Supreme Court justices; most justices have served in government, had legal background Presidents typically nominate individuals from same political party who share their judicial philosophy Presidents first gauge Senate support or opposition for nominee

Confirmation Hearings Confirmation Process 1) Senate Judiciary Committee questions nominee who are hesitant to share opinions on controversial issues 2) After hearing, committee votes on nomination; full Senate vote usually matches committee’s; most nominees are confirmed

Supreme Court Procedures The Term Begins Court session from October until June or July Justices work in two-week blocks, first hearing arguments from lawyers and then ruling on cases presented Each justice has four law clerks as assistants

Supreme Court Procedures Selecting Cases Court usually chooses which cases it hears; most cases come from federal court of appeals; others from high state courts or are cases of Supreme Court’s original jurisdiction If Court grants appellant a writ of certiorari, it agrees to hear the case; if denied, lower court’s ruling stands If case is on Court’s docket, usually it deals with important issue of constitutional or federal law

Supreme Court Procedures Briefs and Oral Arguments Justices first study briefs, then hear oral arguments; lawyers usually have 30 minutes to present their side of a case

Supreme Court Procedures Opinions Chief justice leads discussion of case in private; Court issues formal, written opinion exploring issues, precedents, reasoning behind majority opinion Concurring opinions sometimes accompany majority opinion; justices who disagree with majority opinion may issue dissenting opinion

Supreme Court Procedures Court Orders Supreme Court gives plenary review to about 100 cases per term Where Court does not fully review a case, it may issue court order directing lower court to reconsider

Influences on Judicial Decisions Judges must be guided by the facts of a case and the law However other considerations play a part in their decisions 1) Public Opinion 2) Legislative Opinion 3) Executive Opinion 4) Desire for impartiality 5) Judicial Ideology

John Marshall Chief Justice of Supreme Court who oversaw the court for more than 30 years Responsible for the power given to the Supreme Court by establishing the courts power of Judicial Review Court decisions during his Presidency expanded power of federal government, helped shape U.S. economy

Landmark Cases 1803 – Marbury v Madison – establishes principle of judicial review / original jurisdiction / parts of Judiciary Act of 1789 unconstitutional Unconstitutional – Supreme Court can’t pass judgment on cases not involving violations of certain rights 1819 – McCulloch v Maryland – state (MD) can’t tax the federal government 1819 – Dartmouth College v Woodward – federal government prohibits violation of contract a state has with board of trustees 1824 – Gibbons v Ogden – federal government has control over interstate commerce not a state (NY) 1832 – Worcester v Georgia – upholds Cherokee rights (land ownership) against claims by the state of Georgia Jackson and Van Buren violate the Constitution by instituting the Cherokee’s removal from ancestral lands to relocation on reservations – Trail of Tears

Landmark Cases …... continued 1857 – Dred Scott v Sanford – major short term cause of the Civil War / Missouri Compromise unconstitutional 1896 – Plessy v Ferguson – separate facilities for blacks and whites does NOT imply inequality – separate but equal is ok 1925 – State of Tennessee v John Scopes – Scopes violated Butler Act (couldn’t teach evolution to students because it was deemed that it went against the teachings of the Bible) He was found guilty 1932 – Powell v Alabama – ruled states must allow counsel for defendants / must permit blacks on juries / “Scottsboro Boys” 1937 Court Packing Scheme – FDR (New Deal) 1954 – Brown v Board of Education Topeka, KS – overturns Plessy v Ferguson / rules separate facilities for blacks and white NOT equal 1963 – Gideon v Wainwright – rules that states must allow counsel to defendants even if they can’t afford them 1966 – Miranda v Arizona – rules law enforcement must inform criminal suspects of their rights before questioning