1. 7th Grade Civics Miss Smith *pgs. 189-192 Civics in Practice
The Supreme Court
7th Grade Civics
Miss Smith
*pgs Civics in Practice

2. The Power of Judicial Review
Unconstitutional laws can be changed thanks to the power of judicial review
Judicial review- courts’ power to decide whether a law or presidential action is in agreement with the Constitution
The Supreme Court holds this ultimate authority
The Constitution doesn’t mention judicial review, it was established by which court case?
Marbury v. Madison
What is the power of judicial review?
How can the power of judicial review have an effect on the laws that are passed by Congress? It determines which laws are valid and what kinds of laws can be enacted

3. Choosing Cases
More than 8,000 cases are filed with the Supreme Court each year
The court may decide only about of those
It accepts only cases that generally deal with important constitutional or national questions
At least 4 of the 9 justices must vote to hear a case
If the Supreme Court doesn’t take the case, the decision of the lower court stands
The Supreme Court can also remand a case, or return it to a lower court for a new trial
How does the Supreme Court decide to hear a case? At least four justices vote to hear it

4. Hearing and Deciding Cases
Lawyers have 30mins to present their arguments
Justices then go over the arguments and consider what was said in court
When they are ready to decide on a case, they hold a private meeting and vote
The court then offers its opinion, which explains the reasoning that came to the Supreme Court’s decision
This is binding in all lower courts

5. Hearing and Deciding Cases
Concurring opinion- explanation of a justice who agrees with the decision of the majority, but for different reasons
Dissenting opinion- explanation of the reasoning of justices who disagree with a majority Supreme Court decision
These have no effect on the law
BUT, they can become laws if societal beliefs and opinions of the justices change
Ex: Plessy v. Ferguson: Justice Harlan dissented. He said the Constitution did not recognize class or racial distinctions
Do you think concurring opinions or dissenting opinions are more influential? All opinions show justices’ reasoning and can influence the law

6. Supreme Court Justices
1 chief justice and 8 associate justices
No requirements to become a justice
Appointed for life by the president and approved by Senate
Can be impeached

7. Checking the Court’s Power
Executive Branch: President appoints all federal judges
Legislative Branch: Senate confirms nominees
If they reject the nominee, the president must choose someone else
If the Court declares a law unconstitutional, Congress could either change the law or amend the Constitution in order to keep the law
What are two ways the legislative branch can check the power of the Supreme Court? By passing new laws to replace those found unconstitutional and by passing amendments to the Constitution
What happens if a Supreme Court justice nomination is not supported by a majority of the Senate? The nomination may be rejected and the president will have to choose someone else
How do you think Americans would react if the executive branch did not enforce a Supreme Court decisions? They might be angry; they might approve because they feel that the Court had taken too much power in making its decision

8. Strengthening Rights
Brown v. Board of Education: decided that segregation in public schools was unconstitutional
This reversed the earlier decision that segregation was okay as long as it was “separate but equal”
Miranda v. Arizona: declared that the police must inform arrested suspects of their rights before questioning them
What is one Supreme Court ruling that strengthened the rights of accused persons? How? Miranda v. Arizona declared that arrested suspects must be informed of their rights before questioning.
How do you think Supreme Court rulings on voting and civil rights might also help protect other important rights? These decisions set a precedent for the Court to make a commitment to protect all constitutional rights.