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8.3 The Supreme Court

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8.3 The Supreme Court Jurisdiction The Supreme Court has original jurisdiction in only two instances: cases that involve diplomats from foreign countries and in ... – PowerPoint PPT presentation

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Title: 8.3 The Supreme Court


1
8.3 The Supreme Court
2
Jurisdiction
  • The Supreme Court has original jurisdiction in
    only two instances cases that involve diplomats
    from foreign countries and in disputes between
    states

3
Jurisdiction
  • It has final authority in any case involving the
    Constitution, acts of Congress, and treaties with
    other nations its decisions are binding on all
    lower courts
  • When the Court refuses to hear a case, the
    decision of the lower court stands

4
Organization and Duties
  • The Supreme Court has 8 associate justices led by
    a Chief Justice Congress sets this number and
    has the power to change it

5
Organization and Duties
  • The main duty of justices is to hear and rule on
    cases they choose which to hear from among the
    thousands appealed to the Court each year, then
    decide the case and issue a written explanation
    for the decision, called the Courts opinion

6
Selecting the Justices
  • The President appoints Supreme Court justices
    with approval of the Senate, vacancies open due
    to resignation or death of a justice

President Obama and Sonia Sotomayor, his first
Supreme Court justice appointment
7
Selecting the Justices
  • In 2005, President Bush appointed John G.
    Roberts, Jr. as Chief Justice of the Supreme Court

8
Selecting the Justices
  • Presidents choose nominees who are likely to be
    approved, the decision is influenced by the
    Attorney General and other Justice Department
    officials, other Supreme Court justices, the
    American Bar Association, and labor and civil
    rights groups

9
Background of the Justices
  • Justices are always lawyers, although it is not a
    requirement, they have served as judges or held
    other public positions prior to appointment

Elena Kagan served as Dean of Harvard Law
Thurgood Marshall was the NAACP lawyer in Brown
10
Background of the Justices
  • The first African American justice, Thurgood
    Marshall, joined the Court in 1967

11
Background of the Justices
  • The first female justice, Sandra Day OConnor,
    was appointed in 1981

12
Powers of the Court
  • The legislative and executive branches of
    government must follow the Supreme Courts
    rulings it is removed from politics and the
    influences of special-interest groups so the
    parties involved will get a fair hearing

13
Judicial Review
  • Judicial Review means the Supreme Court can
    review any federal, state, or local law or action
    to see if it is constitutional, or allowed by the
    Constitution
  • If the Court decides a law is unconstitutional,
    it has the power to nullify or cancel, that law
    or action

14
Marbury vs. Madison
  • The Constitution does not give the Supreme Court
    the power of judicial review in 1803 the case of
    Marbury v. Madison established that the Supreme
    Court had the power to decide whether laws passed
    by Congress were constitutional

15
Marbury vs. Madison
  • John Marshalls opinion set forth three
    principles of judicial review
  • The Constitution is the supreme law of the land
  • If there is a conflict between the Constitution
    and any other law, the Constitution rules
  • The Judicial Branch has a duty to uphold the
  • Constitution and must be able to nullify
    unconstitutional laws

16
Limits on the Supreme Court
  • Under the system of checks and balances, there
    are limits on the power of the federal courts,
    including the Supreme Court

17
Limits on the Supreme Court
  • The Court depends on the executive branch as well
    as state and local officials, such as Governors
    or police officers, to enforce its decisions

Orval Faubus Governor of Arkansas (Left), Little
Rock Nine (Middle), President Eisenhower (Right)
18
Limits on the Supreme Court
  • Congress can get around a Court ruling by passing
    a new law, or changing a law ruled
    unconstitutional
  • Congress and state legislatures can also try to
    undo Court rulings by adopting a new amendment to
    the Constitution

19
Limits on the Supreme Court
  • Another limit is the Court can only hear and make
    rulings on cases that come to it all cases must
    be an actual legal dispute, a person cannot
    simply ask the Court to decide whether a law is
    constitutional
  • The Court will not rule on a law or action that
    has not been challenged on appeal and accepts
    only cases that involve a federal question
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