1. Chapter 8 Section 3
Mr. Plude

3. Highlights of Supreme Court History
Early Visions
Constitution does not explicitly define roles or structure of Supreme Court
Hamilton’s in The Federalist “Supreme Court 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 v Scott = Civil War
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. Landmark Supreme Court Cases Plessy v. Ferguson (1896)
Why It Matters:
Plessy v. Ferguson, the Supreme Court examined a Louisiana state law requiring racial segregation on public transportation
Separate does not mean unequal no violation of 14th
Green lights Jim Crowe laws

8. 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 Jim Crowe
Court made much regulation of economy unconstitutional

9. Supreme Court The Court and the New Deal
Court continued to stop 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

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

12. Choosing Supreme Court Justices
Constitution
no formal requirements
most have served in government
have legal background
Typically from same political party as President
Share political philosophy
Presidents consider Senate support or opposition

13. Choosing Supreme Court Justices
Confirmation process:
Hearing Senate Judiciary Committee questions nominee;
Nominees hesitant to share opinions on controversial issues
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
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
From state high state courts
Supreme Court’s original jurisdiction
Writ of Certiorari (certifies)agrees to hear the case
Denied, lower court’s ruling stands
Cases on Court’s docket (schedule)
Deals with constitutional or federal law

19. Supreme Court Procedures {continued}
Briefs and Oral Arguments
Justices first study lower court documents,
Then briefs
Then hear oral arguments
Lawyers usually have 30 minutes to present

20. Supreme Court Procedures {continued}
Opinions
Chief justice leads discussion of case in private
Majority opinion formal, written opinion exploring issues, precedents, reasoning behind court decision
Concurring opinions sometimes accompany majority opinion agreement with decision for different reasons
Dissenting opinion reasons for disagreement with majority opinion
laying groundwork for later reversal of decisions

21. Supreme Court Procedures {continued}
Court Orders
Supreme Court gives plenary review (listens to arguments)to about 80 cases per term
Another 100 are decided without plenary review (order to lower court)