Chapter 7 The Judicial Branch American Civics 1/17/2019 Chapter 7 The Judicial Branch Section 1: Equal Justice Under the Law Section 2: The Federal Court System Section 3: The Supreme Court Chapter 7

Section 3: The Supreme Court The Main Idea The Supreme Court hears appeals, reviews laws, and strongly influences American society. Reading Focus What is the power of the judicial review? What are the constitutional checks on the Supreme Court’s powers? How has the Supreme Court strengthened constitutional rights?

The Power of Judicial Review Section 3: The Supreme Court The Power of Judicial Review Judicial Review: the power of the U.S. Supreme Court to determine if a law passed by Congress or a presidential action is in accord with the Constitution. The Constitution does not explicitly give the judicial branch the power of judicial review John Marshall, Chief Justice of the Supreme Court Promoted the idea of judicial review in Marbury v. Madison ( 1803) First time the Supreme Court declared an act of Congress unconstitutional

Choosing Cases Section 3: The Supreme Court Thousands of cases are appealed to the Court each year, only130 to 150 cases are selected Selected cases contain significant public interest or questions. 4 out of 9 justices must vote to hear a case. Previous verdicts stand for rejected cases. Remand: to return an appealed case to a lower court for a new trial

Hearing and Deciding Cases Section 3: The Supreme Court Hearing and Deciding Cases Hears cases by oral argument – 30 minutes for the lawyers Read the written arguments Hold private meetings to vote 1 vote per justice, and decision is based on a simple majority

Hearing and Deciding Cases Section 3: The Supreme Court Hearing and Deciding Cases Opinion: a written statement by the U.S. Supreme Court explaining its reason behind a decision Concurring Opinion: a statement written by a Supreme Court justice who agrees with the majority’s decision but for different reasons. Dissenting Opinion: A statement written by Supreme Court justice who disagrees with the majority decision.

Supreme Court justices Section 3: The Supreme Court Supreme Court justices Are appointed by the president and approved by a Senate majority vote. Are appointed for life but may be impeached.

Think about it… Section 3: The Supreme Court How can the power of judicial review have an affect on the laws that are passed by Congress?

Checking the Court’s Power Section 3: The Supreme Court Checking the Court’s Power Executive Branch The president has the power to appoint all federal judges Legislative Branch Senate must confirm all nominees for federal judgeship Congress can amend the Constitution, which can overturn the Courts decision that a law is unconstitutional Judicial Branch If the Court rules that a law is unconstitutional, Congress can try to write a better law

Think about it… Section 3: The Supreme Court What are two ways the legislative branch can check the power of the Supreme Court?

Strengthening Rights Section 3: The Supreme Court Supreme Court decisions have allowed the Constitution to meet the demands of the changing time Courts decide if a law or presidential action is constitutional. Supreme Court has the ultimate power of judicial review.

Congress can limit the Court’s power. Section 3: The Supreme Court Congress can limit the Court’s power. Can rewrite laws to make them constitutional Can amend the Constitution to include new laws

SECTION 3 Question: How has judicial review strengthened the Supreme Court’s power, and how does Congress limit this power? Judicial Review Congress Limit Congress may pass a similar law abiding by the Constitution or may try to amend the Constitution. Strengthen It asserted the Court’s power to declare laws of Congress and presidential acts unconstitutional.