The Supreme Court “Equal Justice Under Law” 1 © Lester Lefkowitz /Corbis

Chief Justice John Marshall 2

Judicial Review of the Other Branches Constitution does not speak to question of “who should prevail?” in conflict between different branches of government In Marbury v. Madison (1803), Supreme Court established power of judicial review –Ruled that act of Congress authorizing Supreme Court to issue orders against government officials unconstitutional 3

Figure 14.1 The Federal and State Court Systems,

Geographic Boundaries of Federal District Courts and Circuit Courts of Appeals 6

The Federal Court System 7

Legal Terms Civil case: disputes about something of value Criminal case: violation of law Plea bargain: negotiating severity and number of charges to be brought against defendant Adjudication: court judgment resolving the claims and enforcing the decision 8

Cases Before the Court Granting Petitions for Review Review is granted by a writ of certiorari –To issue a writ, a minimum of four justices must agree that the case should be heard by the Supreme Court (the “rule of four”). –The Court generally agrees to hear about 1% of the petitions brought before it 9

The Supreme Court’s Docket Supreme Court hears fewer than 100 cases from the more than 8,000 submitted each year –Requests made by petition for certiorari –Rule of four unwritten requirement –Business cases substantial portion of docket Justices meet twice a week to vote on previously argued cases and consider new cases 10

Judicial Recruitment No formal requirements for appointments to federal courts President nominates; Senate must confirm Congress sets compensation: 11 Chief Justice of the Supreme Court$223,500 Associate Supreme Court justices$213,900 Courts of Appeals justices$184,500 District judges$174,000 Magistrate-judges$160,080

Figure 14-4 A More Representative Court 12

Figure 14-3 Measuring Judicial Activism 13

Criminal Rights –Constitutional rights Unreasonable search and seizure Due process Speedy and public trial Against self-incrimination Double jeopardy Right to legal representation Forbids cruel and unusual punishment 14

Criminal Rights (cont) Supreme Court defines and interprets rights –May change in response to public opinion (death penalty) –Defines some criminal rights Miranda v. Arizona Gideon v. Wainwright 15