Chapter 8 Section 3 Mr. Plude

Highlights of Supreme Court History Early Visions Constitution does not explicitly define roles or structure of Supreme Court Hamilton’s in The Federalist “Supreme Court checks on executive and legislative branches”

Highlights of Supreme Court History The Marshall Court Chief Justice John Marshall Established that courts have power of judicial review. Marshall led Supreme Court for more than 30 years; Court decisions expanded power of federal government, Helped shape U.S. economy

Highlights of Supreme Court History Dred v Scott = Civil War Supreme Court sided against Scott, held he was still a slave Court ruled: Congress did not have power to outlaw slavery in territories; therefore Missouri Compromise unconstitutional Court’s decision in Scott increased tensions leading up to Civil War

Landmark Supreme Court Cases Plessy v. Ferguson (1896) Why It Matters: Plessy v. Ferguson, the Supreme Court examined a Louisiana state law requiring racial segregation on public transportation Separate does not mean unequal no violation of 14th Green lights Jim Crowe laws

Supreme Court From Reconstruction to Plessy Economic regulation and civil rights dominated Supreme Court Court’s narrow interpretation of 13th, 14th, 15th Amendments left to states protection of newly freed African Americans’ civil rights Jim Crowe Court made much regulation of economy unconstitutional

Supreme Court The Court and the New Deal Court continued to stop efforts at economic regulation Court found many New Deal programs unconstitutional, Eventually deferred to Congress regarding economic measures Court became more liberal during Roosevelt’s time in office

Supreme Court From the 1950s to the Present Court under Chief Justice Earl Warren was considered activist Achieved many civil rights victories, Brown v Education desegregation of public schools Today Court is more conservative

Choosing Supreme Court Justices Constitution no formal requirements most have served in government have legal background Typically from same political party as President Share political philosophy Presidents consider Senate support or opposition

Choosing Supreme Court Justices Confirmation process: Hearing Senate Judiciary Committee questions nominee; Nominees hesitant to share opinions on controversial issues Committee votes on nomination Full Senate vote usually matches committee’s Most nominees are confirmed

Supreme Court Procedures The Term Begins Court session from October until June or July Justices work in two-week blocks first hearing arguments from lawyers then ruling on cases presented Each justice has four law clerks as assistants

Supreme Court Procedures Selecting Cases Court usually chooses which cases it hears Most cases come from federal court of appeals From state high state courts Supreme Court’s original jurisdiction Writ of Certiorari (certifies)agrees to hear the case Denied, lower court’s ruling stands Cases on Court’s docket (schedule) Deals with constitutional or federal law

Supreme Court Procedures {continued} Briefs and Oral Arguments Justices first study lower court documents, Then briefs Then hear oral arguments Lawyers usually have 30 minutes to present

Supreme Court Procedures {continued} Opinions Chief justice leads discussion of case in private Majority opinion formal, written opinion exploring issues, precedents, reasoning behind court decision Concurring opinions sometimes accompany majority opinion agreement with decision for different reasons Dissenting opinion reasons for disagreement with majority opinion laying groundwork for later reversal of decisions

Supreme Court Procedures {continued} Court Orders Supreme Court gives plenary review (listens to arguments)to about 80 cases per term Another 100 are decided without plenary review (order to lower court)