1. Chapter 8 Section 3
Mr. Gordon

3. Highlights of Supreme Court History
Early Visions
Constitution does not explicitly define roles or structure of Supreme Court
Hamilton’s writings in The Federalist explained critical role of Supreme Court in providing checks on executive and legislative branches

4. Highlights of Supreme Court History
The Marshall Court
Chief Justice John Marshall established that courts have power of judicial review.
Marshall led Supreme Court for more than 30 years; Court decisions expanded power of federal government, helped shape U.S. economy

5. Highlights of Supreme Court History
Dred Scott
Supreme Court sided against Scott, held he was still a slave
Court ruled: Congress did not have power to outlaw slavery in territories; therefore Missouri Compromise unconstitutional
Court’s decision in Scott increased tensions leading up to Civil War

7. Supreme Court From Reconstruction to Plessy
Economic regulation and civil rights dominated Supreme Court
Court’s narrow interpretation of 13th, 14th, 15th Amendments left to states protection of newly freed African Americans’ civil rights
Court made much regulation of economy unconstitutional

8. Supreme Court The Court and the New Deal
Court continued to quash efforts at economic regulation
Court found many New Deal programs unconstitutional, eventually deferred to Congress regarding economic measures
Court became more liberal during Roosevelt’s time in office

9. Supreme Court From the 1950s to the Present
Court under Chief Justice Earl Warren was considered activist
Achieved many civil rights victories, including landmark Brown decision mandating desegregation of public schools
Today Court is more conservative

11. Landmark Supreme Court Cases Plessy v. Ferguson (1896)
Why It Matters:
In Plessy v. Ferguson, the Supreme Court examined a Louisiana state law requiring racial segregation on public transportation and determined whether it violated the equal protection clause of the Fourteenth Amendment.

12. 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

13. Choosing Supreme Court Justices
Confirmation Hearings
Confirmation process: Senate Judiciary Committee questions nominee; nominees hesitant to share opinions on controversial issues
After hearing, committee votes on nomination; full Senate vote usually matches committee’s; most nominees are confirmed

16. 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

17. 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

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

20. Supreme Court Procedures {continued}
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

21. Supreme Court Procedures {continued}
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