What is the role of the Supreme Court? LESSON 25

Explain four methods of constitutional interpretation Lesson Objectives When you are finished with this lesson you should be able to: Explain four methods of constitutional interpretation Explain the Supreme Court’s original and appellate jurisdictions Explain America’s system of checks and balances limits the power of the Supreme Court Evaluate, take and defend positions on issues relating to the role of the Supreme Court in the Constitutional System

Constitutional powers of the court Article III of the Constitution created the Supreme Court and give Congress power to create other courts. Federal judges have life tenure Federal courts have jurisdiction over cases originating over national laws or involving citizens from more than one state. Exercise judicial review

Types of jurisdiction Original Jurisdiction: power of a court to pass judgment on both the facts of a case and the law. Supreme Court has original jurisdiction in, “cases affecting Ambassadors, other public Ministers and Consuls,…[and]…Controversies to which the United States shall be a Party.” When the Supreme Court hears a case in original jurisdiction – it is the only court to hear the case. Hears only a few of those cases Typically over foreign diplomats, disputes between states

Appellate jurisdiction Appellate jurisdiction refers to the power of a superior/higher court to review the decision of a lower court. Appeal means to has for a new hearing or ask a higher court to review the decision made in a case in a lower court. The Supreme Court has appellate jurisdiction in all cases not in its original jurisdiction.

Litigant- a party involved in a lawsuit Writ of certiorari – ask the Supreme Court to hear their case Court does not have to grant a writ More likely to hear the case if there is a disagreement among the federal courts of appeal on a legal matter If four or more justices vote to hear the case – the Court issues the writ Landmark decisions – decisions that do or will have a profound effect on the meaning of separation of powers, checks and balances, individual rights and federalism.

Interpreting the constitution Supreme Court issues written explanations of it’s decisions Issue the majority, concurring and dissenting opinions Written opinions Hold the Court accountable to the people Make a public record of the decision and the rationale Written decision establish a precedent for future cases Some parts of the Constitution are clear and do not require interpretation Others are not as clear

Methods of Constitutional interpretation Textualism, literalism or strict construction Adhere to the plain meaning of the Constitution Keeps the Court neutral Keep justices from imposing their values Original intent or original history Addresses the question of how to interpret words, phrases or clauses that are not clear Seek to understand the intent of the Founders Original intent of the Founders Fundamental Principles Looks to principles –natural rights, republican government, limited government Identifying the fundamental principles embodied in the Constitution is a useful way to determine the meaning of words, phrases or clauses that are not clear. Modernism/Instrumentalism Constitution should be interpreted based upon changing needs and circumstances of contemporary needs. Justices should not hold back social progress by adhering to outmoded understandings of the Constitution.

Checks on the power of the Supreme Court Self imposed limits Refuses to decide political questions Or questions that should be decided by the other braches of government Advisory opinion Will not offer opinions about how law should be interpreted Only decides when there is a specific case before the court Presidential Appointments Changes to the Court personnel lead to changes in interpretation Executive Enforcement President and administrative agencies are responsible for enforcing the Court’s decisions Some Presidents have been reluctant to enforce such decisions

Congressional powers Congress controls the Court’s budget Can alter the size of the Court Determines when the Court can meet or suspend a session of the Court Can pass a Constitutional amendment