The Supreme Court

Judicial Review

Judicial Review is one of the most important powers of the Supreme Court

It is the power to overturn any law that the Court decides is in conflict with the Constitution.

Marbury v. Madison established the precedent that gave the court Judicial Review.

Marbury v. Madison (1803)John Marshall, the Supreme Court Justice, argued that the Court had the responsibility to declare any law unconstitutional that violated the Constitution.

The Justices No qualifications The President chooses the Justice

from most respected judges, lawyers and legal scholars.

The Senate must approve the President’s appointment.

President Bush with Justice Samuel Alito

Justices

There are 9 Supreme Court

Justices

1 Chief Justice8 Associate Justices

Current Chief Justice:John Roberts

All but 4 Supreme

Court Justices

have been white men

Sandra Day O’Connor

Ruth Bader Ginsburg

Thurgood Marshall

Clarence Thomas

Sandra Day O’Connor1981 - 2006

1st Woman on Supreme CourtAppointed by President Ronald ReaganServed for over 24 years. Often the “Swing Vote” – Centrist Views

Currently The Only Retired Associate Justice of the Supreme Court.

Thurgood Marshall1967-1991

1st African American on Supreme CourtAppointed by President Lyndon JohnsonServed over 24 yearsLiberal Record – Strong Individual Rights

NAACP Chief CounselWon the

Brown v. Board of Education

WORK of the Supreme Court Hi Ho, Hi Ho, It’s off to work we go……….

Selecting Cases Appeals involving federal government or federal

laws Cases involving representatives from foreign

governments and disputes between states More than 8,000 appeals from lower courts

They hear arguments from only 100 of these a year

WORK of the Supreme Court Hi Ho, Hi Ho, It’s off to work we go……….

Hearing Arguments Each side submits

briefs or written arguments.

The justices study the briefs and other records

Attorneys present an oral argument. They have about ½ an hour.

WORK of the Supreme Court Hi Ho, Hi Ho, It’s off to work we go……….

Making a Decision After hearing the arguments,

the Court meets to discuss the case and vote on it.

The Chief Justice leads the discussion. Each justice has the opportunity to comment.

The Chief Justice calls for a vote.

A simple majority decides the case.

WORK of the Supreme Court Hi Ho, Hi Ho, It’s off to work we go……….

Writing an Opinion Decisions are accompanied by an Opinion.

An opinion is a written statement explaining reasons for the decision.

The Court’s opinion (the Majority Opinion) is written by one of the justices in the majority.

Those in agreement but for different reasons can write a concurring opinion. Those who disagree with the majority’s decision can write a dissenting opinion.

After all opinion’s have been written and finalized, the Justices announce their final decision. Copies are distributed to news reporters.

Influences on Judicial Decision Making

Justices feel the laws and the Constitution reflect the will of the people. Therefore, they Carefully review the laws. Consider all related precedents. Examine intentions of lawmakers

Still, they are only HUMAN!!!

Still, the are only HUMAN!! President’s try to appoint people who share their political views

Presidential appointments can

influence the Court’s decisions for many years.

What Causes a Changing Court?• Shifts in public opinion• Justices own personal

beliefs• Court Personalities:

• Warren Court (1950-1969)• Burger Court (1969 -1986)• Rehnquist Court

(1986 – 2006)

The Warren CourtCharacterized by:Judicial Activism – An effort by judges to take an active role in policymaking by overturning laws relatively often.

Chief Justice Earl Warren

Landmark Case

Burger Court

Characterized by:Judicial Restraint - an effort to

avoid overturning laws and to leave policymaking up to the other branches of government.

Landmark CaseRoe v. Wade

Chief JusticeWarren E. Burger

The Court and Other Branches ……..checks and balances

President’s Power Can appoint justices – if

one dies or retires

Power of Congress Refusing to confirm an

appointment Focus of political battle Constitutional Amendment

Can cancel out a Supreme Court Decision

Nominee 2005 - Harriet Miers

Checks and Balances

Citizen’s Participation Can turn to Amendment Process Elect President’s who appoints

Justices whose ideas you like

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