[ 7.2 ] The Supreme Court

What Is Judicial Review? The Court Chamber of the Supreme Court of the United States is indeed a dignified space. During sessions, the nine Justices of the Supreme Court sit behind the raised bench.

Judicial Review Marbury v Madison, 1803 The power to decide on the constitutionality of acts of Congress and actions of the president.

What Is Judicial Review?

Jurisdiction of the Supreme Court The U.S. ambassador to Colombia, William Brownfield (center left, pointing), was reprimanded by the Supreme Court in 2009 for interfering in Colombia’s civil matters.

How cases reach the Supreme Court Petition for a Writ of Certiorari- order from the Supreme Court to the lower court to send the case up Rule of Four About 8,000 cases are appealed to the Supreme Court every year Justices have almost complete control over their caseload (not really) Only about 75 cases will be accepted

Appealing to the Supreme Court Justices can excuse themselves from cases. In 2010, Justice Elena Kagan (top right) sat out on a case involving former U.S. Attorney General John D. Ashcroft, with whom she had once worked.

Appealing to the Supreme Court

Participants in the Judicial System Plaintiff- the party bringing the charge Defendant- the party being charged Jury- the people (normally 12) who often decide the outcome of a case

Selecting Cases Substantial Federal issue Involves civil liberties or civil rights Conflicts between Courts of Appeals Disagreement between majority of Supreme Court and lower courts decisions Must be a justiciable dispute Standing to sue Court is least likely to use constitution to settle cases Voids cases dealing with the “Doctrine of political questions”

Court at Work Briefs- written legal arguments Amicus Curiae Oral arguments- each side 30 minutes Solicitor general- argues cases for the federal government and decides what cases to appeal Conference Opinions: Majority, concurring, dissenting

Making Decisions, continued… Opinion: Statement of legal reasoning behind a judicial decision. (Majority, concurring, and dissenting) Stare decisis: basically to let the previous decision stand unchanged. Precedents: How similar past cases were decided. Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers.

Deciding cases Judicial Activism- liberal construction Judges make bold policy decisions, chart new constitutional grounds, correct the needs not meet by majoritarian process. Judicial restraint- strict construction Judges play a minimal policy making role and uses original intent of founding fathers Court Activism- striking down acts of Congress as unconstitutional

Deciding Cases… Court rarely decides cases in opposition to public opinion and during times of critical elections the court is in line with the majority

Hearing a Supreme Court Case Cases heard in the Supreme Court often feature famous attorneys. For example, Ted Olson (left) and David Boies, who argued a case together in 2013, have been called a “legal dream team.”

Hearing a Supreme Court Case Majority opinions of the Supreme Court stand as precedents. Later Court decisions are often based on these precedents. Analyze Data What two main principles guided the Court in Miranda?

A. These cases involve the United States as a nation. Quiz: Jurisdiction of the Supreme Court Why does the Supreme Court have original jurisdiction over cases involving ambassadors and consuls? A. These cases involve the United States as a nation. B. Other nations have agreed to accept the Supreme Court's authority. C. These cases all occur in Washington, D.C., which is not in any State. D. There is no precedent for the Supreme Court to hear an ambassador's appeal.

A. the decision of the lower court stands. Quiz: Appealing to the Supreme Court If the U.S. Supreme Court chooses to deny a writ of certiorari in a case, it means that A. the decision of the lower court stands. B. the law involved in the case is unconstitutional. C. the law involved in the case is constitutional. D. the case did not fall within the jurisdiction of the Court.