Judicial Branch: Supreme Court Notes SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts. b. Examine how John Marshall established the Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison. c. Describe how the Supreme Court decides cases. d. Compare the philosophies of judicial activism and judicial restraint.
Essential Questions What are the differences between the Supreme Court, Federal Courts, & state courts? What is the difference between Judicial Activism & Judicial Restraint? How does the Supreme Court decide cases?
Supreme Court Top of the Judicial Branch in the Federal Government. Final say in all matters dealing with the United States Constitution.
Supreme Court Jurisdiction: Jurisdiction-power to make legal decisions & judgments. Original Jurisdiction- power to hear a case for the first time, instead of reviewing lower court’s decision.
Supreme Court Jurisdiction: Can hear cases between two or more states & cases involving ambassadors & other public ministers. Has appellate jurisdiction (can hear cases that are being appealed) on almost any other case that involves a point of constitutional or federal law. Ex. cases where the U.S. is a party, cases involving Treaties, & cases involving ships on the high seas & waterways.
Federal Court Jurisdiction: Usually, federal courts only hear cases which involve the U.S. Ex. cases involving violations of the Constitution or federal laws or cases between citizens of different states if the dispute involves an amount exceeding $75,000.
State Court Jurisdiction: The only cases state courts are not allowed to hear are lawsuits against the U.S. & cases involving certain federal laws. Ex. bankruptcy, patent, copyright, & some maritime law cases. In many cases, both federal & state courts have jurisdiction.
Judicial Philosophies Judicial Restraint is the belief that courts should allow the decisions of other branches (executive & legislative) to stand
Judicial Activism is the stance that judges should use their power broadly to seek justice, even if that goes against stands of elected leaders.
Kinds of Supreme Court Decisions Unanimous – all agree Majority – the larger group’s belief Concurring – agree w/majority, but for different reasons Dissenting – disagree w/majority
The United States Supreme Court When the Supreme Court decides a case, it can: Affirm the decision of the lower court and “let it stand.” Modify the decision of the lower court, without totally reversing it. continued…
The United States Supreme Court Reverse the decision of the lower court, requiring no further court action. Reverse the decision of the lower court and remand the case to the court of original jurisdiction, for either retrial or resentencing.
The United States Supreme Court The U.S. Supreme Court is made up of: A chief justice Eight associate justices Each member of the court is appointed for life by the president & affirmed by the Senate.
Today’s Court……
John Roberts Chief Justice Appointed by George W. Bush. Took his seat on High Court on 9/25/05. Graduate of Harvard and Harvard Law Born 1/27/55 Right leaning…
Anthony Kennedy Associate Justice Appointed by Ronald Reagan. Took his seat on the High Court on 2/18/88. Graduated from Stanford and Harvard Law. Born 7/23/36. Moderate…
Devontaye Latrice Bankston
Clarence Thomas Associate Justice Appointed by George HW Bush. Took his seat on the High Court on 10/23/91. Graduate of Holy Cross and Yale Law Born 6/23/48. Right leaning…
Ruth Bader Ginsburg Associate Justice Appointed by Bill Clinton. Took her seat on the High Court on 8/10/93. Graduate of Cornell and Columbia Law. Born 3/15/33. Left leaning…
Edwina DePaz
Stephen Breyer Associate Justice. Appointed by Bill Clinton. Took his seat on the High Court on 8/3/94 Graduate of Stanford and Harvard Law. Born 8/15/38. Left leaning…
Samuel Alito Associate Justice. Appointed By George W. Bush. Took his seat on the High Court on 1/31/06. Graduate of Princeton and Yale Law. Born 4/1/50. Right leaning…
Sonia Sotomayor Associate Justice Appointed by Barack Obama Took her seat on the High Court on 8/8/09. Yale Law Born 6/25/54. Left leaning…
Ayad “Gangsta” Lattimore & Shamarr “Sherbert” Moss
Elena Kagan Associate Justice. Appointed by Barak Obama Took her seat on the High Court on 8/7/10. Graduate of Harvard Law Born 4/28/60 Left leaning…