The Supreme Court (CONT.)
 Highest
Court in the land
 Final
say on Constitutional
issues
 Longest
 Open
lasting precedents
books to pages 276 - 277
The Supreme Court (CONT.)
 Political
Cartoon page 277
 Random
(RSS)
 1,
2, & 3
Student Selector
** Judicial Review **
 The
power to overturn any
law that the Court deems in
conflict with the Constitution
 Asserted early in our history
in relation to a particular
case…
The Supreme Court Building
Judicial review
Marbury v. Madison

1803 – William Marbury sued James
Madison ( then Sec. of State)

Job promised by then POTUS John
Adams

Judiciary Act of 1789 - gave the
Court original jurisdiction (focus)
Marbury v. Madison (cont.)

Original jurisdiction - given for
federal & gov’t employees

BUT  Constitution only gave the
Court appellate jurisdiction

Court ruled - Judiciary Act of 1789 =
unconstitutional! Checks and balances at work! Focus
given on the law & rule of law …
Marbury v. Madison(cont.)
Marbury v. Madison (cont.)

Chief Justice John Marshall – “… a sworn duty
to uphold the Constitution … it also had a
responsibility to declare unconstitutional any law
that violated the Constitution.”

Marbury v. Madison set a “precedent” giving
the SCOTUS its most important powers

Since 1803

> 1,000 state and local laws overturned

>100 federal laws overturned (reversed)
Marbury v. Madison (cont.)
Random Student Selector: wake up
Panthers, this is for a participation grade
…
Why is judicial review an
important power of the
Supreme Court?
Answer --
Judicial Review
-
… gives the Supreme Court the authority to overturn any laws
that it deems unconstitutional
Marbury v. Madison (cont.)
Roll
the film …
The Justices

No qualifications listed by Article III

POTUS chooses

Senates confirms
The Crew:
1.
One Chief Justice (office established by Article III, Section 1)
current Chief Justice is
2.
Eight Associate Justices
The Justices
Oops …
(too much I.C.P.)
The work of
The Supreme Court

Decisions affect the lives of millions for years and decades

Selecting cases --- by law


Appeals from federal and states
Over 8, 000 requests annually from lower courts

Most are denied either because:

they agree with lower court or


No significant point of law contended
Original Jurisdiction

REPRESENTATIVES OF FOREIGN STATES

DISPUTES BETWEEN STATES
The work of
The Supreme Court (cont.)


Hearing Arguments

Slotted on calendar, sides submit briefs (written arguments)

30 minutes to present for each side
Making a Decision




Chief Justice leads discussion ( in closed session)
Vote called – simple majority
May change their minds during opinion writing
Discussion may take weeks
The work of
The Supreme Court (cont.)

Writing opinions:






Are a written statement explaining the reasons
for the decisions
Most decisions are accompanied with one
Majority opinion (winning side)
Concurring opinion – agrees with majority, but
for a different reason
Dissenting opinion – losing side
After opinions are written, judges decide and
release them to press / internet
Influences on Judicial
Decision Making

The law and how it is applied appropriately

Precedents – respect past decisions

Judges try to determine the intention of the law




Federalist papers,
Letters,
Journals and
Historical documents of “The Framers”
Influences on Judicial
Decision Making (cont.)

Try to be impartial

Respect precedent

Put aside personal and political views completely

They are only human

POTUS appointees agree with his view

POTUS knows personal views will affect decisions

Appointees will favor POTUS agenda

Appointment (life) has long term influence
A Changing Court

Courts change over history due to shifts in public opinion
…Since the 1950’s  three shifts
1.
(Earl) Warren Court (1953-1969)


2.
Rights of the accused of crimes (e.g. Miranda v. Arizona)
Judicial Activism – an effort of judges to take an active role in
policy making by overturning laws relatively often
(Warren) Burger Court (1969-1986)


Judicial Restraint - an effort of judges to avoid overturning
laws and leave the policy making up to the other two branches
of gov’t ... BUT, made a controversial decision …
Roe v. Wade – no state could make a law forbidding an
abortion
A Changing Court (cont.)
Chief Justice Earl Warren
A Changing Court (cont.)
Chief Justice Warren Burger
A Changing Court (cont.)
1.
(William) Rehnquist Court (1986 - 2005)

2.
Limit on federal authority on the states
Current Chief Justice, John Roberts, 2005 – present

“… It's my job to call balls and strikes, and not to pitch or bat.”
RSS.
What was the Warren Court known for??
A Changing Court (cont.)
Chief Justice Rehnquist
Current Chief Justice of The
Supreme Court
The Court and Other
Branches of Government

POTUS power
1.
2.

Appoints justices only if one dies
Confirmed judges can exercise great power long after leaving
office
Power of Congress



Checks POTUS and SCOTUS via confirmation hearings
Can be a focus for political battles (e.g. Clarence Thomas)
Check power through a Constitutional Amendment
(e. g. 14th Amendment overturned Dred Scott)
The Court & Other
Branches of Government

(cont.)
Citizen Participation
1.
2.
3.
4.
Can go to Congress
Use Amendment process
Elect a POTUS who appoints favorable judges
CITIZENS MUST VOTE
RSS WHAT POWER DOES THE POTUS
HAVE OVER THE SUPREME COURT?
End ?

RSS …

Roe v. Wade

Brown v. Board … go to page 148 -157

1st-4th Amendments

5th Amendment

6 & 7th 8th Amendments

9th & 10 Amendments
End …

11th & 12th

14th, 15th, 16th (income tax, 1913) Amendments

17th, 18th, 19th

20th, 21th, 22nd

23rd, 24th

25th, 26th, 27th