The United States Supreme Court 8-3

Supreme Court Justices The Supreme Court exerts its influence all across the U.S. The Court stands above all other U.S. Courts. Its main purpose is to determine whether laws are, and their application are, allowable under the Constitution.

Supreme Court Justices The USSC has original jurisdiction over: Trials involving diplomats from foreign countries. Cases involving states.

Supreme Court Justices In all other cases the court hears cases that have been appealed from lower courts. The USSC does not have to hear all cases presented to it.

Supreme Court Justices The USSC is the final authority on cases involving the Constitution, acts of Congress, and treaties with other nations. The USSC decisions are binding on all lower courts.

Supreme Court Justices When the USSC refuses to hear a case the decision of the lower court stands.

Supreme Court Justices The Supreme Court is made up of 8 associate justices and 1 chief justice. Congress sets the number of justices and has the power to change it.

Supreme Court Justices The main duty of the Justices is to hear and rule on cases. They decide the case and issue a written explanation known as the Court’s Opinion.

Supreme Court Justices The Chief Justice presides over sessions and conferences at which cases are discussed.

Selection of Justices President appoints justices with the consent of the Senate. When selecting Nominees the president may get help from the AG.. p6

Selection of Justices Other influences are: civil rights groups. American Bar Association Labor groups. Throughout history many USSC nominees have been disqualified by the Senate because of their philosophies or qualifications.

Background of the Justices SCOTUS Justices are always lawyers. Typically they have had successful careers teaching law, serving as judges in the lower courts or holding other public positions.

Background of the Justices Once appointed justices may make decisions a president may not necessarily agree with.

Background of the Justices The first African American justice was Thurgood Marshall. The First woman was Arizona’s Sandra Day O’Connor

Power of the Court SCOTUS exercises political influence in several ways. Most important is through judicial review and interpretation of the law.

Judicial Review Judicial Review- is the power to say whether any federal, state or local law goes against the constitution. If the court decides the law is unconstitutional, the USSC has the power to nullify or cancel the law or action.

Marbury v. Madison The Constitution does not give the Supreme Court the power of Judicial review. Judicial Review was settled in the Case of Marbury v Madison.

In this Court case in 1803 Justice Marshall set forth 3 precedents. Marbury v. Madison In this Court case in 1803 Justice Marshall set forth 3 precedents. The Constitution is the Supreme Law of the land. Any conflict between the Constitution and another law the Constitution rules. Judicial branch has the duty to uphold the Constitution and nullify law that is in conflict with it.

Marbury v. Madison Marbury v Madison helped make the Judicial branch equal in power to the executive and legislative branch.

Interpreting Law When laws are written, very general language is used. Interpreting the spirit and meaning are important to powers of the USSC.

Interpreting Law Congress passed a law stating that the “use of a gun” in the commission of crime was subject to a mandatory 5 year prison sentence. So what does “use” mean

Limits on the Courts Powers Courts rely on governors and police officers to enforce their decisions. The USSC has no enforcement mechanism. Congress can get around a ruling by passing or changing an unconstitutional law. The USSC can only make rulings on cases that come before it. A person cannot ask the USSC to rule on a law that has not come before the court. The USSC is only limited to law of federal question.