Mock Supreme Court Assignment, Discussion & Activity with 8.3 & 8.4
(page 80) I. Powers of the Supreme Court: (pp ) A. What is the role of the judiciary? B. Define judicial review. C. What case gave them this power? (p. 794) II. Explain the limits on the Supreme Court: (p. 253) III. Explain or define the 3 ways cases reach the SCOTUS: original jurisdiction (p. 249) appellate jurisdiction writ if certiorari (p. 256) IV. Explain the 5 steps in hearing a case: V. Explain 2 reasons why the decisions of the Supreme Court is important:
Powers & Limits of the SCOTUS Powers only listed as jurisdiction in Constitution (original & appellate) –Marbury v. Madison clarified and created the precedent for Judicial Review: The power of the federal courts to declare laws and actions unconstitutional Can strike down any law or action at ANY level of government if it conflicts with the Constitution! Limits: –No way to enforce decisions (Explain quote!) –Congress can change the law or propose a Constitutional amendment –Must be actual legal dispute-can’t just rule
Original Jurisdiction The SCOTUS has original jurisdiction in only 2 types of cases: –Disputes between states Example: The State of NJ v. The State of NY (1998) Example: US v. The State of Arizona (2013) –Legal matters involving diplomats and ambassadors Example: Us v. Ravara
US Supreme Court US Court of Appeals Federal District Courts State Supreme Courts State Trial Courts State Route: Must be a constitutional issue or involve a federal law! Federal Route: Must involve a constitutional issue or legal error of federal law
Granting a Writ of Certiorari Four of 9 justices must “vote” to hear a case. This is called the RULE OF FOUR. If rule of 4 applies, a writ of certiorari is ordered. –Lower courts send records of the case –The records are then reviewed before a date is set for the case
Steps in Decision Making Lawyers file briefs Justices read and study briefs Written Arguments Lawyers present arguments before the Court Each side has 30 minutes Oral Arguments Meet on Fridays to discuss cases heard Chief Justice leads discussion & votes last Conference Most senior member in the majority writes opinion Discuss majority, concurring & dissenting opinions Opinion Writing Most announcements come months after voting Decisions are publicly read and scrutinized Announcement
Why are the decisions important? Decisions set a precedent (a model for other cases). –Follow “stare decisis” in most cases –Makes laws predictable Decisions allow the Constitution to be flexible with societal changes. –Ex. Plessy precedent overturned by Brown decision Decisions clear up confusion over laws
Cases from the SCOTUS, p. 81 Divide your page into four squares. Write 1 case name at the top of the squares. For each case, 1) Read the pages 2) Explain what the case was about (15 words) 3) Tell what the SCOTUS decided (20 words) –Gideon v. Wainwright (p. 794) –Bush v. Gore (p. 793) –Korematsu v. US (p. 794) –Miranda v. AZ (p. 795)