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The Supreme Court

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The Supreme Court Judicial Review: Power to consider the constitutionality of and act of government (legislative, Executive or Judicial) This power rests with the ... – PowerPoint PPT presentation

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Title: The Supreme Court


1
The Supreme Court
2
  • Judicial Review Power to consider the
    constitutionality of and act of government
    (legislative, Executive or Judicial)
  • This power rests with the Supreme Court
  • Final Authority on meaning of the Constitution

3
  • Is Judicial review written in Constitution??
  • No, it is implied that it should have this power
  • What case did the court first assert its power of
    Judicial review?
  • Marbury v. Madison-1803
  • Court Packing
  • William Marbury
  • Thomas Jefferson won election Democratic
    Republican (John Adams-lost- Federalist)
    Jefferson did not enforce commission of justices
    chosen by Adams
  • Marbury went to Supreme Court with Suit Writ of
    Mandamus force delivery of commission
  • Court refused Marburys request (used Judiciary
    Act of 1789)
  • b/c actions of Govt are inferior to the
    Constitution and cannot conflict with it

4
Effects of Marbury v. Madison
  • Justice John Marshall claimed the right of the
    Supreme Court to declare acts of Congress
    unconstitutional
  • Laid foundation for the Judicial branches key
    role in US Govt System
  • Usually has upheld constitutionality of Federal
    and State actions.
  • Also interprets federal law and its application

5
  • Jurisdiction Original and Appellate jurisdiction
  • Most cases on appeal
  • 2 classes of cases original jurisdiction
  • 1. all controversies involving a State(s)
  • 2. all cases brought against an Ambassador, or
    other public ministers, but not consuls
  • Court can hear cases involving Consuls if it is
    an appellate case.

6
How cases reach the Court
  • 8,000 appealed to SC- a few hundred chosen for
    review- gt100 actually heard
  • Most cases come from Highest State Courts and
    Federal Court of Appeals
  • If Justices Agree with LCs decision not chosen
  • Rule of Four how cases are chosen
  • May remand (return) a case back to LC for
    reconsideration
  • Writ of Certiorari order by S. Court directing
    LC to send the record for a given case for its
    review (to be made more certain)-issues with the
    interpretation of a statute.

7
  • Cert- can be granted or denied
  • If denied the LC decision stands (4 or ore
    justices do not agree SC should accept case)
  • Certificate cases can reach SC when LC is not
    clear about the procedure or the rule of law that
    should apply in that case
  • LC asks SC to certify the answer to a question in
    the matter

8
How the SC Operates
  • 1st Monday in Oct. June or July
  • EX 2002 term ran from Oct. 1, 2002 early
    summer 2003
  • 1. Accept Case
  • 2. Set date
  • 3. Hear Oral arguments- for cases for 2 weeks
    then recess for 2 weeks to consider
  • 1000 am (M-W (Th.? ) lawyers are almost always
    limited to 30 minutes

9
  • Brief Written document filed with Court before
    arguments begin.
  • They are detailed statements that support one
    side of a case built on relevant facts and
    citation of previous cases
  • Conference Justices meet they consider the
    cases for which they have heard arguments
  • Chief Justice presides over conference (tells how
    he will vote) and each Associate Justice
    summarizes their view

10
Opinions
  • Majority Opinion Courts Opinion and sets out
    the reasoning for which it is based
  • Precedents majority opinion states precedence or
    sets example to be followed in similar cases
  • Concurring Opinion to add or emphasize a point
    that was not made in the majority opinion
  • Dissenting opinion written by Justices who do
    not agree with the majority decision
  • On rare occasions the SC can reverse itself
  • Minority opinion today can be majority opinion
    later
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