1. What is the role of the Supreme Court?
LESSON 25

2. Explain four methods of constitutional interpretation
Lesson Objectives
When you are finished with this lesson you should be able to:
Explain four methods of constitutional interpretation
Explain the Supreme Court’s original and appellate jurisdictions
Explain America’s system of checks and balances limits the power of the Supreme Court
Evaluate, take and defend positions on issues relating to the role of the Supreme Court in the Constitutional System

3. Constitutional powers of the court
Article III of the Constitution created the Supreme Court and give Congress power to create other courts.
Federal judges have life tenure
Federal courts have jurisdiction over cases originating over national laws or involving citizens from more than one state.
Exercise judicial review

4. Types of jurisdiction
Original Jurisdiction: power of a court to pass judgment on both the facts of a case and the law.
Supreme Court has original jurisdiction in, “cases affecting Ambassadors, other public Ministers and Consuls,…[and]…Controversies to which the United States shall be a Party.”
When the Supreme Court hears a case in original jurisdiction – it is the only court to hear the case.
Hears only a few of those cases
Typically over foreign diplomats, disputes between states

5. Appellate jurisdiction
Appellate jurisdiction refers to the power of a superior/higher court to review the decision of a lower court.
Appeal means to has for a new hearing or ask a higher court to review the decision made in a case in a lower court.
The Supreme Court has appellate jurisdiction in all cases not in its original jurisdiction.

6. Litigant- a party involved in a lawsuit
Writ of certiorari – ask the Supreme Court to hear their case
Court does not have to grant a writ
More likely to hear the case if there is a disagreement among the federal courts of appeal on a legal matter
If four or more justices vote to hear the case – the Court issues the writ
Landmark decisions – decisions that do or will have a profound effect on the meaning of separation of powers, checks and balances, individual rights and federalism.

7. Interpreting the constitution
Supreme Court issues written explanations of it’s decisions
Issue the majority, concurring and dissenting opinions
Written opinions
Hold the Court accountable to the people
Make a public record of the decision and the rationale
Written decision establish a precedent for future cases
Some parts of the Constitution are clear and do not require interpretation
Others are not as clear

8. Methods of Constitutional interpretation
Textualism, literalism or strict construction
Adhere to the plain meaning of the Constitution
Keeps the Court neutral
Keep justices from imposing their values
Original intent or original history
Addresses the question of how to interpret words, phrases or clauses that are not clear
Seek to understand the intent of the Founders
Original intent of the Founders
Fundamental Principles
Looks to principles –natural rights, republican government, limited government
Identifying the fundamental principles embodied in the Constitution is a useful way to determine the meaning of words, phrases or clauses that are not clear.
Modernism/Instrumentalism
Constitution should be interpreted based upon changing needs and circumstances of contemporary needs.
Justices should not hold back social progress by adhering to outmoded understandings of the Constitution.

9. Checks on the power of the Supreme Court
Self imposed limits
Refuses to decide political questions
Or questions that should be decided by the other braches of government
Advisory opinion
Will not offer opinions about how law should be interpreted
Only decides when there is a specific case before the court
Presidential Appointments
Changes to the Court personnel lead to changes in interpretation
Executive Enforcement
President and administrative agencies are responsible for enforcing the Court’s decisions
Some Presidents have been reluctant to enforce such decisions

10. Congressional powers Congress controls the Court’s budget
Can alter the size of the Court
Determines when the Court can meet or suspend a session of the Court
Can pass a Constitutional amendment