Getting Cases to the Court
• Most cases reach the Supreme Court as
appeals from lower court decisions. They
come to the courts in one of two ways:
– writ of certiorari—an order from the Court
to a lower court to send up the records on
a case for review.
– appeal—a request made to review the
decision of a lower federal or state court.
Steps in Deciding Major Cases
• After the Court accepts a case, the
lawyers on each side of the case submit a
brief—a written statement setting forth the
legal arguments, relevant facts, and
precedents supporting one side of a case.
• Parties not directly involved in a case but
who have an interest in its outcome may
submit amicus curiae—or “friend of the
court”—briefs.
Steps in Deciding Major Cases (cont.)
• The Court issues four kinds of opinions:
– About one-third of the Court’s decisions
are unanimous opinions.
– A majority opinion expresses the views of
the majority of the justices on a case.
– One or more justices who agree with the
majority but do so for different reasons
write a concurring opinion.
– A dissenting opinion is the opinion of
justices on the losing side of the case.
When one or more justices agree with the
majority, but do so for different reasons,
their opinion is called
A. the majority opinion.
B. the concurring
opinion.
C. the dissenting
opinion.
D. the unanimous
opinion.
Which is the most important way in which
the Supreme Court determines policy?
A. use of judicial review
B. interpreting laws’
meanings
C. overruling previous
decisions
Tools for Shaping Policy
• As the Supreme Court decides cases, it
determines policy in three ways:
– judicial review
– interpretation of laws
– overruling or revising its previous decisions
• Judicial review—the Supreme Court’s power
to examine the laws and actions of local,
state, and national governments and to cancel
them if they violate the Constitution.
Tools for Shaping Policy (cont.)
• The Supreme Court may also review
presidential policies as it did in 1975 when it
limited the president’s power to impound, or
refuse to spend, money the Congress had
appropriated.
• The Court can shape public policy by
interpreting existing federal laws.
Tools for Shaping Policy (cont.)
• Under the principle of stare decisis, once the
Court rules on a case, its decision serves as
a precedent, or model, on which to base
other decisions in similar cases.
Under the principle of stare decisis, once the
Court rules on a case, its decision
B
A
A. A
B. B
C. C0%
0%
0%
C
A. can never be
overturned.
B. serves as a
precedent.
C. must be approved by
Congress.
The Supreme Court will hear only cases in
which its decision
A. will make a
difference.
B. will serve as an
advisory opinion.
C. will resolve conflict
between state and
national government
Basing Decisions on the Law
• Law is the foundation for deciding cases
that come before the Supreme Court.
• When the meaning of a statute or a provision
of the Constitution is not clear, the justices of
the Court must interpret the language,
determine what it means, and apply it to the
circumstances of the case.
When the meaning of a statute or a provision
of the Constitution is not clear, the justices
of the Court must interpret the language,
determine what it means, and
A. redefine it.
B. apply it to that case.
C. rewrite it.
Views of the Justices
• Supreme Court justices, like other political
figures, are people with active interests in
important issues.
• Voting blocs, or coalitions of justices, exist
in the Court on certain kinds of issues.
• When courts are split on issues, a justice
whose views are not consistent with either
the majority or minority bloc might
represent a swing vote, or deciding vote.
Another term for a coalition of justices is
A. a voting bloc.
B. a swing vote.
C. an appeal.
D. a deciding vote.
Relations Among the Justices
• Despite the lack of frequent interaction, the
quality of personal relations among the
justices influences the Court’s decision
making.
• A socially harmonious court is more likely
to agree on decisions than one marked by
personal antagonism.
Relations Among the Justices (cont.)
• The chief justice has several powers that
can be used to influence the Court’s
decisions.
– During the oral arguments and in
conference, the chief justice can direct
discussion and frame alternatives.
– The chief justice makes up the first
version of the discuss list and assigns
the writing of opinions to the justices.
Who assigns the writing of opinions to the
Supreme Court justices?
A. the speaker
B. Congress
C. the chief justice
D. the chief of courts
The Court and Society
• Unlike Congress, the Supreme Court is
well insulated from public opinion and daily
political pressures.
• The Court’s authority relies on public
acceptance of, and support for, its
decisions.
• The values and beliefs of society influence
Supreme Court justices.
The public has no influence on Supreme
Court decisions.
A. True
B. False
Balancing the Court’s Power
• The president can have an effect on the
Court in several ways:
– The president has the power of the chief
executive to appoint the justices—with
Senate consent.
– As head of the executive branch, the
president plays a role in enforcing Court
decisions.
Balancing the Court’s Power (cont.)
• Congress can also affect the Court in
several ways:
– Congress can reenact, in a different
form, a law that the Court rejects as
unconstitutional.
– Congress can propose a constitutional
amendment to overturn a Court ruling.
– Congress can exercise power over the
Court through its right to set the justices’
salaries.
Balancing the Court’s Power (cont.)
– Congress sets the number of justices on
the Court.
– The Senate can use its power to confirm
nominees to shape the Court’s outlook.
How the Court Shapes Public Policy
• Judicial review: Court may decide whether
government laws are constitutional
• Interpreting the meaning of laws: Court takes the
general language of laws and applies it to
specific cases
• Overruling or reversing previous Court decisions
to reflect changing social values and laws
Limits on the Court’s Shaping of Public Policy
• Types of issues: Court deals mostly with civil
liberties, economic issues, federal laws, and suits
against government officials
• Types of cases: Court hears only cases that meet
certain criteria
• Agenda: Generally can decide only cases that
come to it from elsewhere in the legal system
• Enforcement power: Court has limited ability to
enforce its rulings
Influences on Supreme Court Decisions
• Existing laws: Court interprets and applies laws to
individual cases
• Personal views of the justices: Political ideology
• Justices’ ability to work together
• Social forces and public attitudes
• Congress and the president: Judicial branch
works as part of the system of checks and
balances