Chapter 8 Section 3

 Constitutional: In accordance with the Constitution.  Judicial Review: The power of the Supreme Court to say whether any federal, state, or local law or govt. action goes against the Constitution.

 Supreme Court (SC) exerts its influence all across the US.  This court stands above all others  Main job: ◦ To decide whether laws are allowable under the constitution  SC has original jurisdiction in only 2 cases: ◦ Trials in which foreign diplomats are involved ◦ Disputes between states  Other cases have gone through federal appeals process

 SC is not required to hear all cases presented to it  Chooses the cases to hear  Final authority in any case involving: ◦ Constitution ◦ Acts of Congress ◦ Treaties with other nations

 SC is made up of: ◦ 8 associate judges ◦ 1 chief justice  Judges are important political decision makers: ◦ Rulings affect citizens as much as presidential or congressional decisions

 President appoints SC justices: ◦ Senate must approve  Vacancies on SC: ◦ Death ◦ Resignation  Usually share same political philosophy: ◦ Once appointed they may make rulings that president doesn’t like

 SC justices are always lawyers: ◦ Practice law ◦ Teach law ◦ Serve as judges in lower courts ◦ Other public positions  First AA judge: ◦ Thurgood Marshall 1967  First female judge: ◦ Sandra Day O’Connor 1981

 Legislative and executive branches of the govt. must follow SC rulings  Exercises political influence in several ways: ◦ Judicial Review ◦ Interpreting laws

 Significant job of the SC: ◦ Make sure laws are constitutional ◦ Judicial Review  If court decides law is unconstitutional: ◦ It has power to cancel law or action

 Constitution does not give the SC power of judicial review  This case (1803) gave gave SC judicial review  This case helped make the judicial branch equal in power to the executive and legislative branches  Pg. 203: Marbury v. Madison

 Congress uses general language when it writes laws: ◦ SC interprets these laws  Example: stiff penalties when people “use” a gun while committing a crime: ◦ What does “use” mean?

 Congress can get around a court rulings: ◦ By passing a new law ◦ Change law ruled unconstitutional ◦ Adopt new amendment to Constitution  Court can not issue a ruling on a case that hasn’t been challenged or appealed

Chapter 8 Section 3 WS