1. The Supreme Court Chapter 8 section 3
The Judicial Branch
The Supreme Court Chapter 8 section 3

2. The Supreme Court
The importance of the Supreme Court has grown since the Court’s early days
As it gained in stature, the Court also tended to experience political shifts mirroring those in society at large.
The Supreme Court meets from October to June or July

3. The Supreme Court
Constitution does not explicitly define roles or structure of Supreme Court
Alexander Hamilton and other founding fathers claimed the Supreme Court was necessary to provide checks on President and Congress

4. Choosing Supreme Court Justices
Choosing a Nominee
Constitution: no formal requirements for Supreme Court justices; most justices have served in government, had legal background
Presidents typically nominate individuals from same political party who share their judicial philosophy
Presidents first gauge Senate support or opposition for nominee

5. Confirmation Hearings
Confirmation Process
1) Senate Judiciary Committee questions nominee who are hesitant to share opinions on controversial issues
2) After hearing, committee votes on nomination; full Senate vote usually matches committee’s; most nominees are confirmed

6. Supreme Court Procedures
The Term Begins
Court session from October until June or July
Justices work in two-week blocks, first hearing arguments from lawyers and then ruling on cases presented
Each justice has four law clerks as assistants

7. Supreme Court Procedures
Selecting Cases
Court usually chooses which cases it hears; most cases come from federal court of appeals; others from high state courts or are cases of Supreme Court’s original jurisdiction
If Court grants appellant a writ of certiorari, it agrees to hear the case; if denied, lower court’s ruling stands
If case is on Court’s docket, usually it deals with important issue of constitutional or federal law

8. Supreme Court Procedures
Briefs and Oral Arguments
Justices first study briefs, then hear oral arguments; lawyers usually have 30 minutes to present their side of a case

9. Supreme Court Procedures
Opinions
Chief justice leads discussion of case in private; Court issues formal, written opinion exploring issues, precedents, reasoning behind majority opinion
Concurring opinions sometimes accompany majority opinion; justices who disagree with majority opinion may issue dissenting opinion

10. Supreme Court Procedures
Court Orders
Supreme Court gives plenary review to about 100 cases per term
Where Court does not fully review a case, it may issue court order directing lower court to reconsider

11. Influences on Judicial Decisions
Judges must be guided by the facts of a case and the law
However other considerations play a part in their decisions
1) Public Opinion
2) Legislative Opinion
3) Executive Opinion
4) Desire for impartiality
5) Judicial Ideology

12. John Marshall
Chief Justice of Supreme Court who oversaw the court for more than 30 years
Responsible for the power given to the Supreme Court by establishing the courts power of Judicial Review
Court decisions during his Presidency expanded power of federal government, helped shape U.S. economy

13. Landmark Cases
1803 – Marbury v Madison – establishes principle of judicial review / original jurisdiction / parts of Judiciary Act of 1789 unconstitutional
Unconstitutional – Supreme Court can’t pass judgment on cases not involving violations of certain rights
1819 – McCulloch v Maryland – state (MD) can’t tax the federal government
1819 – Dartmouth College v Woodward – federal government prohibits violation of contract a state has with board of trustees
1824 – Gibbons v Ogden – federal government has control over interstate commerce not a state (NY)
1832 – Worcester v Georgia – upholds Cherokee rights (land ownership) against claims by the state of Georgia
Jackson and Van Buren violate the Constitution by instituting the Cherokee’s removal from ancestral lands to relocation on reservations – Trail of Tears

14. Landmark Cases …... continued
1857 – Dred Scott v Sanford – major short term cause of the Civil War / Missouri Compromise unconstitutional
1896 – Plessy v Ferguson – separate facilities for blacks and whites does NOT imply inequality – separate but equal is ok
1925 – State of Tennessee v John Scopes – Scopes violated Butler Act (couldn’t teach evolution to students because it was deemed that it went against the teachings of the Bible) He was found guilty
1932 – Powell v Alabama – ruled states must allow counsel for defendants / must permit blacks on juries / “Scottsboro Boys”
1937 Court Packing Scheme – FDR (New Deal)
1954 – Brown v Board of Education Topeka, KS – overturns Plessy v Ferguson / rules separate facilities for blacks and white NOT equal
1963 – Gideon v Wainwright – rules that states must allow counsel to defendants even if they can’t afford them
1966 – Miranda v Arizona – rules law enforcement must inform criminal suspects of their rights before questioning