The Supreme Court

1
The Supreme Court

• Chapter 7 Section 3

2
Focus Question

• All court cases can be heard by the Supreme
  Court. Yes or No, explain.

3
Key Terms in Section

• Justices -Docket
• Judicial Review -Remand
• Unconstitutional
• Concurring Opinion
• Dissenting Opinion
• Brief
• Opinion

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Supreme Court Justices

• 9 Judges since 1869
• 1 Chief Justice
• Appointed by Pres.
• Approved by Senate
• Annual Salary
• Chief 181,400
• Associates 173,600
• No Set Requirements

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Power of Judicial Review

• Power to determine if a law is unconstitutional
• Law must be challenged and brought to court
• Constitution does not give judicial review

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Influence of John Marshall

• Chief Justice
• 1801-1835
• Marbury v. Madison
• Declares Judiciary Act unconstitutional
• Gives Supreme Court power not granted by
  Constitution
• Creates idea of Judicial Review

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Hearing Cases

• Chooses cases to hear
• 100-200 from thousands make docket, or calendar
• Which Cases?
• National Interests
• 4 of 9 must agree
• Can be remanded, or sent back to lower court for
  re-trial

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Court in Action

• Begins first Monday in October
• Adjourns in late June
• When hearing a case
• Read lawyers briefs (written statement)
• Oral Argument limited to 30 minutes
• One justice prepares the court opinion, which
  explains reasons behind decision
• Concurring Opinion agrees for different reasons
• Dissenting Opinion Justice can explain why they
  disagree

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Checking the Court

• Congress can pass a new law that isnt
  unconstitutional
• Congress can amend constitution

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Changing Court Opinions

• Supreme Court has made Constitution flexible
• Enables it to meet demands of changing nation
• Ex Segregation, Same sex marriage

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Decision for Segregation

• Plessy v. Ferguson
• 1896
• Allows segregation
• Must be separate but equal
• This becomes law of the land
• Jim Crow Laws

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Decision against Segregation

• Brown v. Board of Education
• 1954
• Unconstitutional to segregate public schools
• All schools should be desegregated with a
  deliberate speed

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Strengthening Constitutional Rights

• Rights of an Accused Person
• Miranda v. Arizona
• Must be read your rights when arrested
• One Person, One Vote
• Election districts divided by population
• Civil Rights and Civil Liberties
• All segregation laws removed

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Focus Question

• If it was up to you, would you limit or increase
  the power of the Supreme Court? Explain your
  answer.