Chapter Focus
Section 1 The Supreme Court
at Work
Section 2 Shaping Public Policy
Section 3 Influencing Court
Decisions
Chapter Assessment
Chapter Objectives
•
The Supreme Court at Work Explain how
the Supreme Court selects, hears, and
decides cases.
•
Shaping Public Policy Identify ways the
Supreme Court shapes public policy and
explain the limits on the Court’s power.
•
Influencing Court Decisions Describe
the forces that shape the Supreme
Court’s decisions.
The Supreme Court at Work
Key Terms
writ of certiorari, per curiam opinion, brief, amicus
curiae, majority opinion, dissenting opinion
Find Out
• By what route do most cases from other courts
reach the Supreme Court?
• What are the main steps the Supreme Court
takes in deciding cases?
The Supreme Court at Work
Understanding Concepts
Political Processes Why does the Supreme Court
decline to hear most of the cases brought to it?
Section Objective
Explain how the Supreme Court selects, hears, and
decides cases.
For more than a month, Chief Justice John
Marshall served as both chief justice of the
United States and secretary of state.
President John Adams appointed Marshall
chief justice on January 31, 1801. Marshall,
then secretary of state, held both positions
until March 4, 1801.
I. The Court’s Procedures (page 331)
A. During two-week sessions, justices hear oral
arguments on cases and then meet in secret
to make decisions.
B. The justices consider arguments in cases
they have heard and petitions from
plaintiffs, and then write opinions for cases
they have decided.
C. Justices’ written opinions interpret the law
and help shape public policy.
I. The Court’s Procedures (page 331)
The Supreme Court reviews about one
percent of the cases referred to it. Does
this statistic concern you? Explain.
See text page 331 regarding the
Court’s workload.
II. How Cases Reach the Court (pages 332–333)
A. The majority of referred Court cases concern
appeals from lower courts.
B. Most appeals concern cases in which a
lower state or federal court has ruled laws
unconstitutional. Cases the Court chooses
not to hear are dismissed, and the ruling of
the lower court becomes final.
C. Most cases reach the Court by writ of
certiorari, in which either side petitions that
a lower court’s decision involved an error
raising a serious constitutional issue.
II. How Cases Reach the Court (pages 332–333)
D. The solicitor general is appointed by the
president and represents the federal
government before the Supreme Court.
E. The chief justice puts worthy certiorari cases
on a list for discussion; two thirds of all
certiorari cases never make the list. If four of
the nine justices agree, a case is accepted.
F. Some cases are decided by a brief,
unsigned per curiam opinion; the rest are
given the Court’s full consideration.
II. How Cases Reach the Court (pages 332–333)
II. How Cases Reach the Court (pages 332–333)
Why does the Supreme Court select a
very small percentage of cases to review?
The Court selects only very significant
cases because of its limited time.
III. Steps in Deciding Major Cases (pages 333–335)
A. Each side submits a brief detailing legal
arguments, facts, and precedents. Parties
not directly involved but with an interest in
the case may submit amicus curiae briefs.
B. Lawyers for each side make oral arguments
during which justices may ask questions.
C. On Wednesdays and Fridays the chief
justice presides over a secret conference, in
which each single case is summarized and
recommendations for handling it are made.
III. Steps in Deciding Major Cases (pages 333–335)
D. The justices spend about 30 minutes
debating each case. Each justice has one
vote; a majority vote is needed to decide
a case.
E. The justices may issue four kinds of
opinions: a unanimous opinion, a majority
opinion, a concurring opinion, or a
dissenting opinion.
F. If the chief justice votes with the majority, he
or she assigns a justice in the majority to
write the Court’s opinion. If not, the most
senior justice with the majority assigns a
justice to write the opinion.
III. Steps in Deciding Major Cases (pages 333–335)
In what way has a Supreme Court
decision affected you, your family, or your
community directly?
Answers will vary. Students may refer to
decisions affecting schools, free speech, etc.
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to identify the three ways cases reach the
Supreme Court.
original jurisdiction, on appeal, writ of certiorari
Checking for Understanding
Match the term with the correct definition.
___
D writ of certiorari
A. a brief, unsigned statement of a
Supreme Court decision
___
A per curiam
opinion
B. the opinion expressed by a minority
of justices in a court case
___
C brief
C. a written statement setting forth the
legal arguments, relevant facts, and
precedents supporting one side of
a case
___
F amicus curiae
___
E majority opinion
___
B dissenting
opinion
D. an order from the Supreme Court to
a lower court to send up the
records on a case for review
E. the opinion expressed by a majority
of justices in a court case
F. a written brief from an individual or
group claiming to have information
useful to a court’s consideration
Checking for Understanding
3. Identify Charles Evans Hughes.
Charles Evans Hughes served as chief justice
of the Supreme Court and is often quoted on his
defense of dissenting opinion.
Checking for Understanding
4. What steps does the Supreme Court take in
selecting, hearing, and deciding cases?
Justices discuss cases and accept those
involving important constitutional questions. The
Court receives briefs; listens to lawyers’ oral
arguments; discusses the cases in private;
votes on the cases; writes opinions; and
announces its decisions.
Critical Thinking
5. Demonstrating Reasoned Judgment Do you
believe that it is proper that the Supreme
Court’s deliberations are secret and that no
minutes are kept?
Answers will vary. Students should cite the
relationship between secrecy, judicial
independence, and political or public pressure.
Political Processes The Supreme
Court does not hear all the cases sent to
it on appeal. Find out how many cases
were sent to the Supreme Court in each
of the past 10 years and the number of
cases about which an opinion was
issued. Present your information in a
double bar graph.
Shaping Public Policy
Key Terms
judicial review, impound, stare decisis, precedent,
advisory opinion
Find Out
• Does the Court’s use of judicial review give it too
much power compared to that of the president
and Congress?
• By what means is the Supreme Court limited in
its power?
Shaping Public Policy
Understanding Concepts
Constitutional Interpretations How do Supreme
Court decisions affect laws passed at both the state
and national levels?
Section Objective
Identify ways the Supreme Court shapes public
policy and explain the limits on the Court’s power.
The Constitution sets no basic requirements
for Supreme Court justices, not even age
limits or citizenship. Neither a law degree nor
prior experience as a judge is mandatory.
I. Tools for Shaping Policy (pages 336–339)
A. The Court determines policy in three ways:
1. using judicial review;
2. interpreting laws;
3. overruling or reversing its
previous decisions.
B. Using judicial review, the Court may
examine laws and actions at all levels of
government and cancel them if they violate
the Constitution.
I. Tools for Shaping Policy (pages 336–339)
C. The Court uses judicial review most often to
review state and local cases, but sometimes
its review of federal cases can have a
tremendous impact on the nation, as in the
Brown (1954) and Miranda (1966) cases.
D. The Court’s interpretation of the very general
language of laws allows it to decide how the
law applies to specific situations.
E. The Court’s rulings become precedents on
which to base other, similar decisions;
however, since times change, the Court may
overturn or reverse its earlier decisions.
Some Supreme Court decisions have
resulted in great social upheaval.
I. Tools for Shaping Policy (pages 336–339)
I. Tools for Shaping Policy (pages 336–339)
Should the Court consider public reaction in
making its decisions? Explain.
Answers will vary. Students should support
their views.
II. Limits on the Supreme Court (pages 339–341)
A. Generally, the Court’s decisions have dealt
largely with civil liberties, economic issues,
federal laws and regulations, due process,
and suits against government officials.
B. The Court plays only a minor role in the area
of foreign policy.
C. Civil liberties cases make up the largest
number of Court cases; appeals from
prisoners comprise about one-fourth of
its cases.
II. Limits on the Supreme Court (pages 339–341)
D. By its rules and customs, the Court hears
only cases where its decision will make a
difference, not merely those which decide a
point of law. Plaintiffs must have suffered real
harm, or cases must involve a federal
question. The Court avoids political issues.
E. Since the Court can decide only those
cases that come to it from elsewhere in the
legal system, events beyond the Court’s
control shape its agenda. The Court may
signal its interest in a subject by taking on
a specific case.
II. Limits on the Supreme Court (pages 339–341)
F. The Court’s power to shape public policy
also is limited by its own limited ability to
enforce its decisions. Noncompliance by
other courts also is difficult to monitor.
II. Limits on the Supreme Court (pages 339–341)
Although there are clear limits on the
Supreme Court’s powers, some critics
claim that the Court sometimes exceeds
its constitutional power by changing
public policy on controversial issues
such as abortion and minority rights. Do
you agree? Explain.
Answers will vary. Students should note that
the Court sets policy only when a case is
presented to it.
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to compare the power of the Supreme
Court with its constitutional limitations.
Power: judicial review, interpretation of laws,
overturning earlier decisions
Limitations: president’s power to appoint
judges; Congress’s power to approve
appointments and to impeach/remove judges;
lack of enforcement power
Checking for Understanding
Match the term with the correct definition.
___
D judicial review
___
A impound
___
C stare decisis
___
B precedent
___
E advisory opinion
A. refuse to spend
B. a model on which to base
later decisions or actions
C. the principle that once the
Court rules on a case, its
decision serves as a
precedent on which to base
other decisions
D. the power of the Supreme
Court to declare laws and
actions of local, state, or
national governments
unconstitutional
E. a ruling on a law or action
that has not been challenged
Checking for Understanding
3. Identify Marbury v. Madison, Miranda v. Arizona.
Marbury v. Madison is the first case in which
the Supreme Court assumed the power of
judicial review and ruled an act of Congress
unconstitutional.
Miranda v. Arizona is the Supreme Court case
that ruled that police had acted
unconstitutionally and had violated a suspect’s
rights. This decision brought major changes in
law enforcement policies and procedures
across the nation.
Checking for Understanding
4. Identify four ways in which the Supreme
Court’s power to shape public policy is limited.
Any four: restrictions on issues it will hear;
limits on cases it can or will hear; limited control
over its agenda; lack of enforcement powers;
checks and balances
Critical Thinking
5. Drawing Conclusions Do you think the
Supreme Court’s power would be enhanced or
diminished if it would give advisory opinions?
Explain your answer.
Answers will vary. If the opinions influenced
executive or legislative actions, its power
would grow. If its advice was ignored, its
power would diminish.
Constitutional Interpretations
Research the supreme courts of Canada
and Mexico. Find out how these courts
select which cases they will hear. Write a
brief summary that compares the
selection process of these other
supreme courts with that of the United
States Supreme Court.
Influencing Court Decisions
Key Terms
bloc, swing vote
Find Out
• How do relationships among the justices affect
the Supreme Court?
• What are the various external influences on
Supreme Court decisions?
Influencing Court Decisions
Understanding Concepts
Public Policy How does the power of Congress
over the Supreme Court affect public policy?
Section Objective
Describe the forces that shape the Supreme
Court’s decisions.
William O. Douglas served longer (36 years)
than any other Supreme Court justice and
was the only justice ever to write both the
majority and minority opinions for the same
case (Meyer et al. v. United States).
Douglas wrote the minority opinion and then
made a few “notes” to help out with the
majority opinion. Douglas’s brilliant notes
were submitted as the majority opinion.
I. Basing Decisions on the Law (page 343)
A. Justices must base their opinions on the law,
not on personal opinions.
B. The Court must interpret laws and relate
their interpretations to the Constitution itself,
relevant statutes, and legal precedents.
I. Basing Decisions on the Law (page 343)
Do you think it is good that justices must
relate their decisions to relevant statutes
and legal precedents? Explain.
Answers will vary, but students should note
that personal opinions alone are not a good
basis for legal decisions.
II. Views of the Justices (page 344)
A. Justices monitor important issues; some
become identified with them.
B. As justices retire, the majority voting blocs
on certain issues may change.
II. Views of the Justices (page 344)
Should justices allow their views on
issues to affect their decisions about the
constitutionality of laws?
Answers will vary. See text page 344.
III. Relations Among the Justices (pages 344–345)
A. Modern justices meet for discussion, but
they communicate mostly in writing.
B. Personal relations among justices may
influence the Court’s decisions.
C. The chief justice’s skillful leadership can
help promote harmony.
III. Relations Among the Justices (pages 344–345)
Is it better for the justices to share similar
opinions and philosophies, or does some
degree of conflict among the justices
produce better decisions? Explain.
Answers will vary. Some students may say
that harmony among the justices leads more
readily to solutions; others may believe that
conflict produces more balanced decisions.
IV. The Court and Society (pages 345–347)
A. Although insulated from public opinion and
political pressures, the Court needs public
support; its authority depends in part on
public acceptance.
B. Justices are influenced by the values and
beliefs of society; their decisions usually
reflect important societal changes.
IV. The Court and Society (pages 345–347)
How important is public opinion in
shaping the Court’s decisions? Explain.
The Court is insulated from opinion; however,
justices are affected by the same social forces
as the public.
V. Balancing the Court’s Power (pages 347–348)
A. The power of presidents to fill vacancies
on the Court, as every full-term president
but Carter has done, gives presidents
influence over the Court.
B. As head of the executive branch, the
president is responsible for enforcing the
Court’s decisions, but he or she may do so
vigorously or with little enthusiasm.
C. Congress has the power to limit the Court’s
ability to hear certain cases; may propose a
constitutional amendment to overturn a
decision; may set, but not reduce, the
justices’ salaries; and uses its confirmation
power to shape the Court’s position on social
issues.
V. Balancing the Court’s Power (pages 347–348)
Since most presidents appoint at least one
Supreme Court justice during their terms
in office, how important is it to consider
candidates’ views on social and legal
issues before voting in a presidential
election? Explain.
Answers will vary. Accept reasonable responses.
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to show five forces that shape Supreme
Court decisions.
existing laws, justices’ personal views,
interactions among justices, social forces and
public attitudes, Congress and the president
Checking for Understanding
2. Define bloc, swing vote.
A bloc is a coalition that promotes a
common interest.
A swing vote is a deciding vote.
Checking for Understanding
3. Identify Plessy v. Ferguson, Brown v. Board of
Education of Topeka.
Plessy v. Ferguson (1896) was the Supreme
Court ruling that upheld Louisiana’s “equal but
separate accommodations” law as constitutional.
Brown v. Board of Education of Topeka
(1954) was the Supreme Court ruling that
separate-but-equal educational facilities were
unconstitutional.
Checking for Understanding
4. What is the basis for Supreme Court decisions?
The basis for Supreme Court decisions is
relevant laws, precedents, and the Constitution.
Checking for Understanding
5. How do personal relationships among Supreme
Court justices affect decision making?
Severe personal conflicts may divide the
Court. Good personal relations promote
solutions to problems.
Critical Thinking
6. Making Inferences Why did the Supreme
Court overturn a precedent in deciding the
Brown case?
They overturned a precedent to meet society’s
changing conditions.
Public Policy Although the Supreme
Court sets policy, its decisions are
affected by the powers of Congress and
the president. Create a diagram that
illustrates how Congress and the
president check the powers of the
Supreme Court. Display and discuss
your diagram.
Reviewing Key Terms
Match each of the following terms with the description below that correctly
identifies it.
___
C amicus curiae
A. order to lower court for records on
a case to be handed up for review
___
E precedent
B. lets a decision stand
___
B stare decisis
C. an interested party not directly
involved in a case
___
H dissenting
opinion
D. short, unsigned statement of
Supreme Court’s decision
___
F brief
___
G majority opinion
___
D per curiam
opinion
___
A writ of certiorari
E. earlier decision on similar cases
F. sets forth facts and legal
arguments to support one side of a
case
G. sets forth reasons for a Supreme
Court’s decision
H. sets forth reasons for disagreeing
with a Supreme Court decision
Recalling Facts
1. What happens when the Supreme Court
refuses to hear a case?
When the Supreme Court refuses to hear a
case, the decision of the lower court stands.
2. What procedure do the justices follow in
reaching a decision in a case?
After the Court accepts a case, the lawyers for
each side submit a brief. The lawyers then
present oral arguments. The justices meet in
conference to discuss the case. They vote on
the decision and an opinion is written to explain
the majority position.
Recalling Facts
3. What is the importance of a Supreme Court
majority opinion?
It instructs lower courts on how to act in the
future and communicates the Court’s thinking to
government, interest groups, and the public.
4. What is the importance of a dissenting opinion?
The dissenting opinion may become the basis
for a majority opinion if the Court changes its
mind in the future.
Recalling Facts
5. Why does the Supreme Court sometimes
overturn its earlier decisions?
Society’s attitudes and values change over time,
as do those of the justices. What was once
acceptable may have changed over time.
Understanding Concepts
1. Political Processes Why does the Supreme
Court refuse to hear so many cases?
The cases may not involve an important
constitutional question or be the best case for
deciding an issue; also the Court may not want
to take a position on a political issue.
Understanding Concepts
2. Constitutional Interpretations Chief Justice
Charles Evans Hughes once said, “The
Constitution is what the judges say it is.” Explain
the meaning of this statement.
It means the judges’ interpretation of what the
Constitution’s words mean becomes law.
Critical Thinking
1. Demonstrating Reasoned Judgment Why
are the Supreme Court procedures so rigid?
Possible answers include to help assure that
each case will be considered equally or to
speed the work of the Court.
Critical Thinking
2. Synthesizing Information In a chart, identify
factors that affect how the Supreme Court
shapes public policy, and name a major case
that illustrates each factor.
judicial review: Marbury v. Madison, Dred Scott,
Ex parte Milligan, Train v. City of New York,
Brown v. Board of Education of Topeka, Miranda
v. Arizona; interpreting the meaning of laws:
Lau v. Nichols; reversing previous decisions:
Katz v. United States
Interpreting Political Cartoons Activity
1. How does this cartoon characterize Supreme
Court decision making?
The justices of the Supreme Court do not often
unanimously agree in their decisions. There are
usually dissenting opinions.
Interpreting Political Cartoons Activity
2. What is the joke being made in this cartoon?
The justices cannot come to a consensus on
their choice of pizza toppings—a trivial decision
compared to their usual decisions.
Interpreting Political Cartoons Activity
3. Is the nature of the Court—as presented in this
cartoon—beneficial to American society? Why
or why not?
Answers will vary. Students may note that the diversity of
opinions on the Court is beneficial to society. The justices
reflect diverse opinions of the American population. Other
students may point out that the Court’s opinions are too
subjective and the opinions of nine people hold too much
weight in American society.
Which Supreme Court justice served
the longest?
William O. Douglas, 1939–1975
1) because there are
controversies on every
conceivable subject
2) No; because he says that the
history of scholarship is a
record of disagreements.
3) Answers will vary, but students will
probably agree that the statement has been
and probably will continue to be valid.
1) judicial review
2) because of changes in values,
circumstances, or attitudes since the
previous decision was made.
3) Answers will vary.
1) The president is head of
the executive branch of the
government, which carries
out many of the court’s
decisions.
2) Answers will vary.
3) Answers will vary.
Supreme Court Pages Like Congress, the
Supreme Court has pages who run errands and
deliver messages. Find out how to become a page;
where the pages go to school; what the dress code,
if any, is (for years it was black or dark blue
knickers with long black stockings); what the age
and gender requirements have been and are now;
and what kinds of tasks pages perform. Present
your findings in a brief report.
Applying the Constitution Today The First
Amendment forbids Congress from abridging the
freedom of the press, while the Sixth Amendment
guarantees a defendant a trial by an impartial jury.
Today it is sometimes hard to obey both. Television
and other media may generate such widespread
and biased publicity that a defendant cannot be
tried by a truly impartial jury.
The highest court in most states is also called the
supreme court. However in Maine and Massachusetts
it is called the supreme judicial court. In New York and
Maryland it is the court of appeals; and in West
Virginia, the supreme court of appeals.
Prejudicial or Pre-judicial? Both words come
from the same Latin roots, but the first means
“making a judgment (usually about an ethnic group
or other class of people) with insufficient or
unsound evidence.” The second term means
“coming before the decision or judgment” and
usually refers to a court case.
On the Hot Seat
On the Supreme Court bench, seniority determines
who sits where. The chief justice sits in the center of
the justices’ bench. To his right sits the senior
associate. The next senior associate justice sits to the
chief justice’s left, the next to his right, and so on,
alternating right and left by the degree of seniority
each possesses. The most junior justice sits in the
seat farthest to the left of the chief justice.
Opinions of the Court Compare and contrast
majority opinion, concurring opinion, and dissenting
opinion. Then debate the following question: Does the
practice of publishing dissenting opinions
demonstrate a weakness or a strength in our
judicial system?
Contacting a Justice Find out who the current
justices are and write a letter to one of them asking
about some aspect of his or her work. You might ask
what the justice likes and dislikes most about serving
on the Court, or about the most difficult or interesting
case that the justice has had while serving on the
Court. Share the response with the class.
Clarence Gideon
Justice Black reasoned that “Governments, both state
and federal, quite properly spend vast sums of money
to establish machinery to try defendants accused of
crime. Lawyers to prosecute are everywhere deemed
essential to protect the public’s interest. . . .” That
being the case, counsel must be a fundamental right
for the defendant as well as the prosecution.
Activity: Gideon based his appeal on the Sixth
Amendment as well as on the Fourteenth. Find the
relevant wording in the Sixth Amendment. (“In all
criminal prosecutions, the accused shall enjoy the
right to . . . have the Assistance of Counsel for
his defence.”)
More About Privacy on the Phone The availability of
scanners has led to an estimated 10 to 20 million
people eavesdropping on conversations on wireless
phones and other devices. Congress member Newt
Gingrich found to his dismay that some people listen to
and tape calls, and use them illegally. A conference
call in which Gingrich was seemingly reneging on a
promise to the House Ethics Committee was taped
and handed over to a committee member of the
opposing party (violating federal law). The call was
able to be monitored because one party was using a
cellular phone.
Louis Brandeis (1856–1941)
Louis Brandeis (1856–1941) was a Supreme Court
justice from 1916 to 1939. As an attorney, he
transformed legal practice by introducing sociological
and economic factors in his arguments before the
Supreme Court. He was known for his support of New
Deal policies and his antipathy toward industrial and
financial monopolies. Criticized for taking a short
vacation before an important trial he explained he
needed the rest, and said, “I find that I can do a year’s
work in eleven months, but I can’t do it in twelve.”
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