Mock Supreme Court
Assignment, Discussion & Activity
with 8.3 & 8.4
8.3-8.4 (page 80)
I. Powers of the Supreme Court: (pp. 250-53)
A. What is the role of the judiciary?
B. Define judicial review.
C. What case gave them this power? (p. 794)
II. Explain the limits on the Supreme Court: (p. 253)
III. Explain or define the 3 ways cases reach the
SCOTUS:
•
original jurisdiction (p. 249)
•
appellate jurisdiction
•
writ if certiorari (p. 256)
IV. Explain the 5 steps in hearing a case:
V. Explain 2 reasons why the decisions of the
Supreme Court is important:
Powers & Limits of the SCOTUS
• Powers only listed as jurisdiction in
Constitution (original & appellate)
– Marbury v. Madison clarified and created the
precedent for Judicial Review:
• The power of the federal courts to declare laws and actions
unconstitutional
• Can strike down any law or action at ANY level of
government if it conflicts with the Constitution!
• Limits:
– No way to enforce decisions (Explain quote!)
– Congress can change the law or propose a
Constitutional amendment
– Must be actual legal dispute-can’t just rule
Original Jurisdiction
• The SCOTUS has original jurisdiction in
only 2 types of cases:
– Disputes between states
• Example: The State of NJ v. The State of NY (1998)
• Example: US v. The State of Arizona (2013)
– Legal matters involving diplomats and
ambassadors
• Example: Us v. Ravara
Federal Route:
Must involve a
constitutional
issue or legal error
of federal law
US
Supreme
Court
US Court of
Appeals
Federal
District Courts
State Route:
Must be a
constitutional
issue or involve a
federal law!
State
Supreme
Courts
State Trial
Courts
Granting a Writ of Certiorari
• Four of 9 justices must “vote” to hear a
case. This is called the RULE OF FOUR.
• If rule of 4 applies, a writ of certiorari is
ordered.
– Lower courts send records of the case
– The records are then reviewed before a date
is set for the case
Steps in Decision Making
Written Arguments
Oral Arguments
Conference
• Lawyers file briefs
• Justices read and study briefs
• Lawyers present arguments before the Court
• Each side has 30 minutes
• Meet on Fridays to discuss cases heard
• Chief Justice leads discussion & votes last
Opinion Writing
• Most senior member in the majority writes opinion
• Discuss majority, concurring & dissenting opinions
Announcement
• Most announcements come months after voting
• Decisions are publicly read and scrutinized
Why are the decisions important?
• Decisions set a precedent (a model for
other cases).
– Follow “stare decisis” in most cases
– Makes laws predictable
• Decisions allow the Constitution to be
flexible with societal changes.
– Ex. Plessy precedent overturned by Brown
decision
• Decisions clear up confusion over laws
Cases from the SCOTUS, p. 81
Divide your page into four squares. Write 1
case name at the top of the squares.
For each case,
1) Read the pages
2) Explain what the case was about (15 words)
3) Tell what the SCOTUS decided (20 words)
– Gideon v. Wainwright (p. 794)
– Bush v. Gore (p. 793)
– Korematsu v. US (p. 794)
– Miranda v. AZ (p. 795)