Unit Four
Lesson 25
What is the role
of the Supreme
Court in the
American
Constitutional
System?
The Constitutional Powers of the
Supreme Court
 Article
III creates the Supreme Court and gives
Congress power to create other courts inferior to
the Supreme Court
 Supreme Court Justices had live tenure & other
federal judges have 10-15 year terms
 Federal Courts have specific JURISDICTION –
those involving national laws and/or involving
citizens from more than one state
 Article III also guarantees a trial by jury in all
criminal cases except impeachment
 Supreme Court (implied) has JUDICIAL REVIEW
Supreme Court JURISDICTION
 ORIGINAL
JURISDICTION – the power to pass
judgment on the facts of the case and by law


S.C. rarely had original jurisdiction (first hearing)
If a case involves one of the following
 Foreign
Diplomats
 Disputed between states
 APPELLATE
JURISDICTION – the power to review
and revise the decision of an inferior court


Appeal – to ask for a new hearing from a high court
in hopes it will overturn or modify the ruling
Judiciary Act of 1789 created a 3 tier system
Judicial Review
 Marbury
v. Madison established the practice of
Judicial Review
 Judicial Review is the power of the Supreme Court
to rule acts of government unconstitutional
 US the only country that gives its independent
judiciary this power
 Judicial Review



POWERFUL check and balance to the powers of
government over the citizens
PROTECTS individual rights from the powers of gov’t
INSULATES your rights from the whims of politics
How a case gets to the
Supreme Court
 Litigant
– parties involved in the lawsuit who
makes the appeal to a high court
 A request for the S.C. to hear that case
 RULE of FOUR – upon review, if 4 (out of 9) S.C.
justices believe the case has merit, they issue a
WRIT of CERTIORARI which requires the lower
courts to send records of the case to the S.C.
 Each year, more than 10,000 requests are made
to the S.C. They usually hear less than 100/year
Supreme Court Decisions
 MAJORITY
Opinion – the Chief Justice chooses a
justice from the winning side to write the MAJORITY
DECISION which gives legal reasons for the
decision
 DISSENTING OPINION – Any justice on the losing
side can write a DISSENTING OPINION which states
their reasons for disagreeing using legal precedent
 The
Supreme Court attempts to come to as
decisive a decision as possible


9-0 means there is little/no legal way to challenge
5-4 means there are 4 justices who disagree and
there is much legal angles to challenge the ruling in
the future
Methods of
Constitutional Interpretation
•
Strict Construction
•
•
•
Original intent
•
•
•
Trying to understand the INTENT of the Framers
Applied the concepts of the time to today
Fundamental Principles
•
•
•
Considering the actual words of the Constitution
Keeps Justices from imposing their values
Natural Rights, Republican Government or Limited Government
Used to apply principles to today
Modernism
•
•
Constitution should be adapted to fit the changing times and
contemporary needs
This would not hold back social progress by sticking to outdated
interpretations of the Constitution
Checks on the powers of the
Supreme Court

Self Imposed Limits




Presidential Appointments



The President/Exec. Branch can refuse to enforce rulings
Congressional Powers




Who sits on the Supreme Court impacts the rulings
Presidential Appointments can sway or block opinions
Executive Enforcement


The S.C. refuses to hear “political questions”
Won’t hear issues other branches should deal with
Won’t offer “ADVISORY OPINIONS”
Congress controls the budget of the courts
Congress can alter the size of the Supreme Court
Constitutional Amendments
Federalism


States responsible for enforcing Supreme Court rulings
States may be lax (intentionally or not) in doing so (ie-desegregation)
UNIT FOUR ESSAYS
1) Although the Constitution does not explicitly mention the power of judicial
review, it has exercised this power for two hundred years. How has the
Supreme Court’s power of judicial review expanded the role of the Court?
** Is the practice of judicial review consistent with democratic practices? Why or
why not?
**Does the Supreme Court have too much power? Why or why not?
2) In the Constitution, why are the power of and limits on Congress addressed
first and in greater detail than those of other branches?
**In addition to the power granted to Congress in Article 1, what other provisions
in the Constitution address legislative powers? Why?
**How have the “enforcement” provisions of amendments adapted since the Civil
War increased congressional power?
3) How and why has presidential power expanded since the ratification of the
Constitution?
**How have wars, emergencies, and the media contributed to the expansion of
presidential powers?
**How have the other branches of government responded to the expansion of
presidential power? Do you think they have done so adequately? Explain