1. Section Outline 1 of 10 The Judicial Branch Section 3: The Supreme Court I.Judicial Review II.The Justices III.The Work of the Supreme Court IV.Influences on Judicial Decision Making V.A Changing Court VI.The Court and Other Branches of Government Section Reading Support Transparency

2. 2 of 10 The Judicial Branch Section 3: The Supreme Court Main Idea The Supreme Court is the highest court in the United States. It has the final say about what the Constitution means. The Supreme Court establishes the longest-lasting precedents in our legal system. Key Terms Judicial Review Opinion Judicial activism Judicial restraint

3. Judicial Review Judicial review is the power to overturn any law that the Court decides is in conflict with the Constitution. 3 of 10 The Judicial Branch Section 3: The Supreme Court Marbury v. Madison, 1803 —Overturned the Judiciary Act of 1789 —Established the precedent that the Supreme Court has judicial review

4. 4 of 10 The Judicial Branch Section 3: The Supreme Court The Justices Qualifications —None listed in the Constitution —The President selects justices from among the most respected and qualified judges, lawyers, and legal scholars in the country. —There have been 108 Justices. All but four of them (Justices Ruth Bader Ginsburg, Thurgood Marshall, Sandra Day O’Connor, and Clarence Thomas) have been white men.

5. 5 of 10 The Judicial Branch Section 3: The Supreme Court The Work of the Supreme Court Selecting Cases —More than 8,000 requests are made each year, but only about 100 cases are heard. Hearing Arguments —Attorneys submit briefs and make oral arguments before the Court. Making a Decision —The justices vote and usually submit an opinion or written statement explaining the reasons for the decision. Go Online: Appealing a Case to the Supreme Court

6. The Judicial Branch: Section 3 Appealing a Case to the Supreme Court 6 of 10

7. 7 of 10 The Judicial Branch Section 3: The Supreme Court Influences on Judicial Decision Making Considerations: —Laws —The Constitution —Precedents Duties —To be fair and impartial —To respect precedent —To try to determine the intent of the original framers

8. 8 of 10 The Judicial Branch Section 3: The Supreme Court A Changing Court Judicial Activism —An effort by judges to take an active role in policy making by overturning laws relatively frequently Judicial Restraint —An effort by judges to avoid overturning laws and to leave policy making up to the other two branches of the government

9. 9 of 10 The Judicial Branch Section 3: The Supreme Court The Court and Other Branches of Government The President’s Power —Appointment of judges The Power of Congress —Confirmation of judges Citizen Participation

10. 10 of 10 The Judicial Branch: Section 3 Section Reading Support Transparency