The Supreme Court Chapter 18 Section 3

Starter To test your knowledge of the Supreme Court, answer the following questions in your notes: How many justices are on the Supreme Court? How is the number of justices determined? Does the court have original or appellate jurisdiction or both? Must the court decide cases by a unanimous vote?

Group Activity Core Worksheet

Objective Students will be able to: Define the concept of judicial review; Examine how cases reach the Supreme Court and summarize how the Court operates.

Supreme Court Only court created by the Constitution (Article III).

Supreme Court There are 9 total justices that sit on the Supreme Court. Congress determines the total number. Supreme Court is referred to as “the highest court in the land” and “the court of last resort.” This means it is the final authority in all questions arising under the Constitution, act of Congress, or a U.S. treaty.

Judicial Review "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each." —Chief Justice John Marshall, Marbury v. Madison So, according to this quote, who decides what the law is? (judges)

Judicial Review The Supreme Court first asserted its power of judicial review (the power to decide the constitutionality of an act of government) in Marbury v. Madison. The Constitution does not state that judges have the power of judicial review, but there is little doubt whether the Framers intended them to have this power.

Marbury v. Madison With the Court’s decision, Chief Justice Marshall claimed for the Supreme Court the right to declare acts of Congress unconstitutional.

Supreme Court Jurisdiction “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction….” - Article III, Section 2 So, what types of cases does the Supreme Court have original jurisdiction over according to the quote?

Supreme Court Jurisdiction 1) Original: cases where a State is a party and cases affecting ambassadors, other public ministers, and consuls. [SC hears a small number of cases under its original jurisdiction.] 2) Appellate (most common): Question: Do you have an appeal if the case originates in the SC?

Haw Cases Reach the Court The Supreme Court decides whether it wants to hear/accept a case (over 8k petitions a year). **The “rule of four” – 4 of the 9 justices must agree to hear the case.** Most cases reach the court by writ of certiorari – an order by the Court directing the lower court to send up its records for review. You petition the Court for the writ, and the Court chooses whether to grant or not grant. Question: What happens to your case if the Supreme Court does not choose to grant cert.? (The lower court’s ruling stands. Case over.)

How Cases Reach the Court Why do you think this process involves so many steps, often at great expense and time to the parties involved? (B/c the SC has time to hear only a limited number of cases, those cases must be significant; this lengthy/expensive process discourages frivolous cases from reaching the SC.

How the Court Operates The Court sits from October to June/July Once a case is accepted, parties file briefs (written statements of their case) and oral arguments will be presented (each side has usually 30 minutes to state their case). Case is decided in conference, in secret. A majority vote decides the case (a 1/3 of the decisions are unanimous).

Court’s Opinion Once a case has been decided, the Court will render a majority, concurring, and/or dissenting opinions. Majority opinion: explains/details the Court’s decision. Lower courts, both State and Federal, are expected to follow precedent – that is, they must decide cases of like nature in a manner consistent w/ previous rulings.

Court’s Opinion Concurring opinion: written by a member of the majority who agrees with the conclusion, but offers a different reasoning. Dissenting opinion: written by justices that do not agree with the Court’s majority opinion. These do not become precedent.

Exit Ticket The Supreme Court’s power to decide the constitutionality of an act of government is known as ____ ____. The Court first asserted the above power in this case. How many Supreme Court justices does it take to decide which party wins or loses a case? True or False: the Supreme Court deliberates its decisions in public. Judicial Review; Marbury v. Madison;