The Supreme Court (CONT.)  Highest Court in the land  Final say on Constitutional issues  Longest lasting precedents  Open books to pages

The Supreme Court (CONT.)  Political Cartoon page 277  Random Student Selector (RSS)  1, 2, & 3

** Judicial Review **  The power to overturn any law that the Court deems in conflict with the Constitution  Asserted early in our history in relation to a particular case…

The Supreme Court Building

Judicial review

Marbury v. Madison  1803 – William Marbury sued James Madison ( then Sec. of State)  Job promised by then POTUS John Adams  Judiciary Act of gave the Court original jurisdiction (focus)

Marbury v. Madison (cont.)  Original jurisdiction - given for federal & gov’t employees  BUT  Constitution only gave the Court appellate jurisdiction  Court ruled - Judiciary Act of 1789 = unconstitutional! Checks and balances at work! Focus given on the law & rule of law …

Marbury v. Madison(cont.)

 Chief Justice John Marshall – “… a sworn duty to uphold the Constitution … it also had a responsibility to declare unconstitutional any law that violated the Constitution.”  Marbury v. Madison set a “precedent” giving the SCOTUS its most important powers  Since 1803  > 1,000 state and local laws overturned  >100 federal laws overturned (reversed)

Marbury v. Madison (cont.) Random Student Selector: wake up Panthers, this is for a participation grade … Why is judicial review an important power of the Supreme Court?

Answer ---  Judicial Review - … gives the Supreme Court the authority to overturn any laws that it deems unconstitutional

Marbury v. Madison (cont.)  Roll the film …

The Justices  No qualifications listed by Article III  POTUS chooses  Senates confirms The Crew: 1. One Chief Justice (office established by Article III, Section 1) current Chief Justice is 2. Eight Associate Justices

The Justices

Oops … (too much I.C.P.)

The work of The Supreme Court  Decisions affect the lives of millions for years and decades  Selecting cases --- by law  Appeals from federal and states  Over 8, 000 requests annually from lower courts  Most are denied either because:  they agree with lower court or  No significant point of law contended  Original Jurisdiction  REPRESENTATIVES OF FOREIGN STATES  DISPUTES BETWEEN STATES

The work of The Supreme Court (cont.)  Hearing Arguments  Slotted on calendar, sides submit briefs (written arguments)  30 minutes to present for each side  Making a Decision  Chief Justice leads discussion ( in closed session)  Vote called – simple majority  May change their minds during opinion writing  Discussion may take weeks

The work of The Supreme Court (cont.)  Writing opinions:  Are a written statement explaining the reasons for the decisions  Most decisions are accompanied with one  Majority opinion (winning side)  Concurring opinion – agrees with majority, but for a different reason  Dissenting opinion – losing side  After opinions are written, judges decide and release them to press / internet

Influences on Judicial Decision Making  The law and how it is applied appropriately  Precedents – respect past decisions  Judges try to determine the intention of the law  Federalist papers,  Letters,  Journals and  Historical documents of “The Framers”

Influences on Judicial Decision Making (cont.)  Try to be impartial  Respect precedent  Put aside personal and political views completely  They are only human  POTUS appointees agree with his view  POTUS knows personal views will affect decisions  Appointees will favor POTUS agenda  Appointment (life) has long term influence

A Changing Court  Courts change over history due to shifts in public opinion …Since the 1950’s  three shifts 1. (Earl) Warren Court ( )  Rights of the accused of crimes (e.g. Miranda v. Arizona )  Judicial Activism – an effort of judges to take an active role in policy making by overturning laws relatively often 2. (Warren) Burger Court ( )  Judicial Restraint - an effort of judges to avoid overturning laws and leave the policy making up to the other two branches of gov’t... BUT, made a controversial decision …  Roe v. Wade – no state could make a law forbidding an abortion

A Changing Court (cont.) Chief Justice Earl Warren

A Changing Court (cont.) Chief Justice Warren Burger

A Changing Court (cont.) 1. (William) Rehnquist Court ( )  Limit on federal authority on the states 2. Current Chief Justice, John Roberts, 2005 – present  “… It's my job to call balls and strikes, and not to pitch or bat.” RSS. What was the Warren Court known for??

A Changing Court (cont.) Chief Justice Rehnquist

Current Chief Justice of The Supreme Court

The Court and Other Branches of Government  POTUS power 1. Appoints justices only if one dies 2. Confirmed judges can exercise great power long after leaving office  Power of Congress  Checks POTUS and SCOTUS via confirmation hearings  Can be a focus for political battles (e.g. Clarence Thomas)  Check power through a Constitutional Amendment (e. g. 14 th Amendment overturned Dred Scott)

The Court & Other Branches of Government (cont.)  Citizen Participation 1. Can go to Congress 2. Use Amendment process 3. Elect a POTUS who appoints favorable judges 4. CITIZENS MUST VOTE RSS - WHAT POWER DOES THE POTUS HAVE OVER THE SUPREME COURT?

End ?  RSS …  Roe v. Wade  Brown v. Board … go to page  1 st -4 th Amendments  5 th Amendment  6 & 7 th 8 th Amendments  9 th & 10 Amendments

End …  11 th & 12th  14 th, 15 th, 16 th (income tax, 1913) Amendments  17 th, 18 th, 19 th  20 th, 21th, 22 nd  23 rd, 24 th  25 th, 26 th, 27 th