7th Grade Civics Miss Smith *pgs. 189-192 Civics in Practice The Supreme Court 7th Grade Civics Miss Smith *pgs. 189-192 Civics in Practice

The Power of Judicial Review Unconstitutional laws can be changed thanks to the power of judicial review Judicial review- courts’ power to decide whether a law or presidential action is in agreement with the Constitution The Supreme Court holds this ultimate authority The Constitution doesn’t mention judicial review, it was established by which court case? Marbury v. Madison What is the power of judicial review? How can the power of judicial review have an effect on the laws that are passed by Congress? It determines which laws are valid and what kinds of laws can be enacted

Choosing Cases More than 8,000 cases are filed with the Supreme Court each year The court may decide only about 130-150 of those It accepts only cases that generally deal with important constitutional or national questions At least 4 of the 9 justices must vote to hear a case If the Supreme Court doesn’t take the case, the decision of the lower court stands The Supreme Court can also remand a case, or return it to a lower court for a new trial How does the Supreme Court decide to hear a case? At least four justices vote to hear it

Hearing and Deciding Cases Lawyers have 30mins to present their arguments Justices then go over the arguments and consider what was said in court When they are ready to decide on a case, they hold a private meeting and vote The court then offers its opinion, which explains the reasoning that came to the Supreme Court’s decision This is binding in all lower courts

Hearing and Deciding Cases Concurring opinion- explanation of a justice who agrees with the decision of the majority, but for different reasons Dissenting opinion- explanation of the reasoning of justices who disagree with a majority Supreme Court decision These have no effect on the law BUT, they can become laws if societal beliefs and opinions of the justices change Ex: Plessy v. Ferguson: Justice Harlan dissented. He said the Constitution did not recognize class or racial distinctions Do you think concurring opinions or dissenting opinions are more influential? All opinions show justices’ reasoning and can influence the law

Supreme Court Justices 1 chief justice and 8 associate justices No requirements to become a justice Appointed for life by the president and approved by Senate Can be impeached

Checking the Court’s Power Executive Branch: President appoints all federal judges Legislative Branch: Senate confirms nominees If they reject the nominee, the president must choose someone else If the Court declares a law unconstitutional, Congress could either change the law or amend the Constitution in order to keep the law What are two ways the legislative branch can check the power of the Supreme Court? By passing new laws to replace those found unconstitutional and by passing amendments to the Constitution What happens if a Supreme Court justice nomination is not supported by a majority of the Senate? The nomination may be rejected and the president will have to choose someone else How do you think Americans would react if the executive branch did not enforce a Supreme Court decisions? They might be angry; they might approve because they feel that the Court had taken too much power in making its decision

Strengthening Rights Brown v. Board of Education: decided that segregation in public schools was unconstitutional This reversed the earlier decision that segregation was okay as long as it was “separate but equal” Miranda v. Arizona: declared that the police must inform arrested suspects of their rights before questioning them What is one Supreme Court ruling that strengthened the rights of accused persons? How? Miranda v. Arizona declared that arrested suspects must be informed of their rights before questioning. How do you think Supreme Court rulings on voting and civil rights might also help protect other important rights? These decisions set a precedent for the Court to make a commitment to protect all constitutional rights.