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The Supreme Court

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The Supreme Court Chapter 7: Section 3 ... and brought to court Constitution does not give judicial review Influence of John Marshall Chief Justice 1801-1835 Marbury ... – PowerPoint PPT presentation

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Title: 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

4
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

5
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

6
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

7
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

8
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

9
Checking the Court
  • Congress can pass a new law that isnt
    unconstitutional
  • Congress can amend constitution

10
Changing Court Opinions
  • Supreme Court has made Constitution flexible
  • Enables it to meet demands of changing nation
  • Ex Segregation, Same sex marriage

11
Decision for Segregation
  • Plessy v. Ferguson
  • 1896
  • Allows segregation
  • Must be separate but equal
  • This becomes law of the land
  • Jim Crow Laws

12
Decision against Segregation
  • Brown v. Board of Education
  • 1954
  • Unconstitutional to segregate public schools
  • All schools should be desegregated with a
    deliberate speed

13
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

14
Focus Question
  • If it was up to you, would you limit or increase
    the power of the Supreme Court? Explain your
    answer.
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