The Supreme Court Chapter 18

Judicial Review Marbury v. Madison establishes judicial review The power of the Supreme Court to declare any act of government (law, court case, executive act) unconstitutional What does it mean to declare a law unconstitutional? Makes the Judicial Branch equal to the other branches

Supreme Court Jurisdiction Has both original and appellate jurisdiction Most cases come on appeal from lower federal courts and highest state courts

How Cases Reach the Court 8000 cases are appealed to the Supreme Court each year- only a few hundred reach the Court Usually justices reject the request because justices agree with the decisions of the lower courts Court selects cases according to the “rule of four” Called “writ of certiorari” At least four of the nine judges must agree to hear a case for it to be on the Courts’ docket When “cert” is denied, the decision of the lower court stands–

How the Court Operates: Oral Argument/Briefs Court sits from October to June or July Justices consider cases in 2 week cycles- hear oral arguments for 2 weeks then recess to consider cases Written documents filed before oral arguments Details support one side of the case or another

Court in Conference Chief Justice presides over the conference then each justice summarizes his or her views Speaking order based on seniority About a third of decisions are unanimous but most are divided

Opinions Majority opinion-opinion of the Court “winners” Announces the decision Written by Chief Justice if he is in majority Concurring opinion- in agreement with the majority opinion but have a different reasoning (still on “winning side”) Usually justices want to make a different point not made in majority opinion May be more than one concurring opinion Dissenting opinion- the “losers” of the case. Written by justices that do not agree with majority