1. After a suit is brought to the Court, the Court can declare that law unconstitutional.

2. The US Supreme Court
C & E

3. EQs Who serves as Supreme Court justices?
What are the powers of the Supreme Court?

4. Key Terms
Constitutional
judicial review

5. Key Concepts
The Judicial Branch
Judicial review

6. The Supreme Court Justices
Their job
Are laws allowable under the Constitution
Has Original Jurisdiction only in cases involving for. Diplomats or states
All other cases are appeals
The Court chooses its cases
If crt refuses to hear – lower court’s ruling stands
Final authority on cases dealing w/the Constitution, acts of Congress& treaties.
Justice Breyer

7. The Supreme Court Justices
8 Justices & 1 Chief Justice
After deciding a case
Issues an opinion
President appoints justices w/Senate approval
Pres’ decision influenced by Justice Department, American Bar Association, interest groups, & other Supreme Court justices
Always lawyers
successful law career, political support, & agreement w/the president’s ideas are factors in who gets appointed

8. Why might the Senate reject a president’s nominee for Supreme Court justice?
Throughout history, the Senate has rejected many presidential nominees to the Supreme Court because of doubts about the qualifications or the legal philosophy of the persons nominated.

9. Powers of the Court Leg. & Exec. Branches must follow Court’s rulings
Court removed from politics & interest grps
More likely get a fair hearing
Main job: decide whether law is constitutional
allowed by the Constitution
judicial review
the power to say whether any law or government action goes against the Constitution
Power not given in Const.
The Crt. claimed the power in Marbury v. Madison

10. Jurisdiction

11. Marbury v. Madison
As President John Adams was leaving office, he signed an order making William Marbury a justice of the peace.
The incoming president, Thomas Jefferson, refused to carry out the order
Marbury took his case to the Supreme Court

12. Marbury v. Madison
In the Court’s opinion, Chief Justice John Marshall set forth three principles of judicial review:
(1) The Constitution is the supreme law of the land
(2) If a law conflicts with the Constitution, the Constitution rules.
(3) The judicial branch has a duty to uphold the Constitution.
Thus, it must be able to determine when a law conflicts with the Constitution and nullify that law.

13. Powers of the Court
Judicial review is a check on the leg & exec. Branches
Congress’ laws are in general lang.
Thru rulings – Sup Crt interprets laws to help law enforcement enforce them

14. Why is the power of judicial review an important part of the system of checks and balances?
By declaring acts of Congress or executive orders unconstitutional, the Supreme Court can check the actions of the legislative and executive branches of government to keep them from straying too far from the Constitution when they make and carry out laws.

15. Limits on the Courts Power
Depends on Exec branch & state/local authorities to enforce rulings
Congress can get around a ruling by passing a new law or amending the Const
Pres appoints justices
Congress approves them
Can impeach justices
Can remove them
Sup Crt cannot decide law unconstitutional unless law challenges by lower crt & appealed
Sup Crt accepts cases regarding only fed ?’s
Stays out of pol ?’s

16. What did the case Worcester v
What did the case Worcester v. Georgia illustrate about the power of the Supreme Court?
This case illustrated that the Court must depend on the executive branch to carry out its decisions. In this case, President Jackson refused to enforce the Court’s decision. Because most citizens agreed with him, no public pressure forced him to uphold the decision.