The Supreme Court Chapter 7 Sec. 3

Learning Target #3 I can describe the powers of Supreme Court and how they have the ability to make law based on their rulings

Judicial Review  (def) – the power of the court to decide if a law or presidential action agrees with the Constitution  Part of checks and balances  If a law conflicts with the Constitution it is called ‘unconstitutional’  Not explicitly given to judicial branch

Marbury v. Madison

 Chief Justice Marshall rules against Judiciary Act of 1789  Claims that powers given to the Supreme Court were not in agreement with the Constitution  Declared a law passed by Congress unconstitutional for the first time

How does a case get heard?  Approx. 7,500 cases filed last year  S.C. will only decide per year  Will only hear cases that deal with important Constitutional or national issues  Abortion, segregation/schooling, legal representation, etc.  4 out of 9 justices must vote to hear a case  Until a case is heard by the Supreme Court the ruling of the lower court stands

 Lawyers get 30 min. to present case  Justices spend majority of time reading court documents & looking at what has been said  Voting is done in a private meeting  S.C. then delivers it’s opinion  (def.) – their reasoning for coming to a particular decision  If a justice agrees with the majority but for different reasons = concurring opinion  If a justice disagrees with the majority opinion they may also file a dissenting opinion