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