The Supreme Court.

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Presentation transcript:

The Supreme Court

Warm-Up 1. What does it mean when a court has original jurisdiction over a case? 2. How does the Court of Appeals act as a ”gatekeeper” of the Supreme Court?

Judicial Review Decide the constitutionality of an act of government Stands as final authority in all cases involving federal law Has the final authority on the meaning of the constitution In Marbury v. Madison CJ Marshall declared Constitution supreme law of the land Other actions of government are inferior and cannot conflict with constitution This case created the concept of judicial review

Supreme Court Jurisdiction Has original and appellate jurisdiction, most cases come from appellate Has original jurisdiction when A state is a party in a suit An ambassador, public minister or consul is involved Controversies involve two or more states Most are denied petition for review b/c justices agree w/ decision or no significant point of law Most cases reach S.C. by writ of certiorari, in which S.C. orders lower court to send up case for review Writ is only provided for in matters of constitutionality or interpretation of statue Supreme Court receives 8,000 + cases per year, court hears less than 100 cases per year

How the Court Operates Justices consider cases in two week cycles, 2 weeks of oral arguments followed by 2 weeks of consideration & other business Lawyer arguments are limited to 30 minutes during public sessions Prior to case court receives and reviews briefs, including sometimes amicus curiae briefs Solicitor general is United States chief attorney & represents nation in any S.C. case Also decides which cases U.S. should ask S.C. to review & position the nation takes on those cases Court sits from first Monday of October until June or July, breiefs are arguments for one side contain evidence, facts, arguments, prior decisions

Conference and Opinions Decide on cases they heard oral arguments for & decide new cases they will hear Chief Justice speaks their mind first & indicates how they will vote Other justices in order of seniority then speaks summarizing his/her views Approx. 30% of all cases unanimous Majority opinion is official opinion of the court on case Concurring opinions sometimes written in support of majority Dissenting opinions written by loser justices

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