The Supreme Court Chapter 7: Section 3

Focus Question:  All court cases can be heard by the Supreme Court. Yes or No, explain.

Key Terms in Section  Justices-Docket  Judicial Review-Remand  Unconstitutional  Concurring Opinion  Dissenting Opinion  Brief  Opinion  Justices-Docket  Judicial Review-Remand  Unconstitutional  Concurring Opinion  Dissenting Opinion  Brief  Opinion

Supreme Court Justices  9 Judges since 1869  1 Chief Justice  Appointed by Pres.  Approved by Senate  Annual Salary  Chief $181,400  Associates $173,600  No Set Requirements

Power of Judicial Review  Power to determine if a law is unconstitutional  Law must be challenged and brought to court  Constitution does not give judicial review  Power to determine if a law is unconstitutional  Law must be challenged and brought to court  Constitution does not give judicial review

Influence of John Marshall  Chief Justice   Marbury v. Madison  Declares Judiciary Act unconstitutional  Gives Supreme Court power not granted by Constitution  Creates idea of Judicial Review

Hearing Cases  Chooses cases to hear  from thousands make docket, or calendar  Which Cases?  National Interests  4 of 9 must agree  Can be remanded, or sent back to lower court for re-trial  Chooses cases to hear  from thousands make docket, or calendar  Which Cases?  National Interests  4 of 9 must agree  Can be remanded, or sent back to lower court for re-trial

Court in Action  Begins first Monday in October  Adjourns in late June  When hearing a case:  Read lawyers briefs (written statement)  Oral Argument limited to 30 minutes  One justice prepares the court opinion, which explains reasons behind decision  Concurring Opinion: agrees for different reasons  Dissenting Opinion: Justice can explain why they disagree  Begins first Monday in October  Adjourns in late June  When hearing a case:  Read lawyers briefs (written statement)  Oral Argument limited to 30 minutes  One justice prepares the court opinion, which explains reasons behind decision  Concurring Opinion: agrees for different reasons  Dissenting Opinion: Justice can explain why they disagree

Checking the Court  Congress can pass a new law that isn’t unconstitutional  Congress can amend constitution  Congress can pass a new law that isn’t unconstitutional  Congress can amend constitution

Changing Court Opinions  Supreme Court has made Constitution flexible  Enables it to meet demands of changing nation  Ex: Segregation, Same sex marriage

Decision for Segregation  Plessy v. Ferguson  1896  Allows segregation  Must be “separate but equal”  This becomes law of the land  Jim Crow Laws  Plessy v. Ferguson  1896  Allows segregation  Must be “separate but equal”  This becomes law of the land  Jim Crow Laws

Decision against Segregation  Brown v. Board of Education  1954  Unconstitutional to segregate public schools  All schools should be desegregated “with a deliberate speed”  Brown v. Board of Education  1954  Unconstitutional to segregate public schools  All schools should be desegregated “with a deliberate speed”

Strengthening Constitutional Rights  Rights of an Accused Person  Miranda v. Arizona  Must be read your rights when arrested  “One Person, One Vote”  Election districts divided by population  Civil Rights and Civil Liberties  All segregation laws removed  Rights of an Accused Person  Miranda v. Arizona  Must be read your rights when arrested  “One Person, One Vote”  Election districts divided by population  Civil Rights and Civil Liberties  All segregation laws removed

Focus Question:  If it was up to you, would you limit or increase the power of the Supreme Court? Explain your answer.