1. Chapter 16- The Supreme Court
Objective – Students will be able to answer questions regarding the U.S. Supreme Court
SECTION
© 2001 by Prentice Hall, Inc.

2. Judicial Review Marbury v. Madison (1803)
American Government
Marbury v. Madison (1803)
Allows the courts to rule on the constitutionality of laws, giving the court the power to strike down or reinforce policy
Judiciary Act of 1789 and the writ of mandamus

3. Federal Court System Step 1 – DISTRICT COURTS
American Government
Step 1 – DISTRICT COURTS
94 US Dist. – Hear 342,000 cases/yr
Trial by jury (only federal court with jury)
Step 2 – APPEAL (CIRCUIT) COURTS
12 Courts of Appeal – Hear 61,000 cases/yr
Panel of 3 judges, sometimes more
No cases start here, review district court decisions

4. Federal Court System Step 3 – US Supreme Court
American Government
Step 3 – US Supreme Court
2003 – Argued 84 cases, decided 71
Hear appeals – writ of certiorari
Rule of 4 – 4 justices needed to agree to hear a case
Chief Justice John Roberts

5. Types of Opinions
American Government
When an opinion is written (a decision), it often takes months and many drafts
Majority Opinion – justices in the majority must draft an opinion setting out the reasons for their decision
Concurring Opinion – justices who agree for other reasons can give their opinion
Dissenting Opinion – justices who disagree with the opinion write their side

6. Implementation
American Government
“John Marshall has rendered his decision; now let him enforce it!” – Andrew Jackson
“All deliberate speed” – Chief Earl Warren
10 years after Brown only 1% of Southern schools were desegregated
Court must rely on branches, states, and officials to enforce its ruling

7. Public Influence on Justices
American Government
Justices are NOT elected, appointed by Prez
However, not entirely immune to public opinion
Appointed by Prez, agree with his ideologies, Prez was elected, chosen because of bias
Justices are aware of public opinion, and are aware that decisions that flagrantly go against public opinion will not be implemented

8. Conservatism vs. Liberalism
American Government
Justices are supposed to be “above politics”
However, they do have personal ideologies
EX. – CJ Earl Warren ( ) and CJ Warren Burger ( ) were very liberal
CJ William Rehnquist ( ) and CJ John Roberts (2005-?) swing conservative

9. Appointment President appoints judges for ALL federal court vacancies
American Government
President appoints judges for ALL federal court vacancies
Senate must confirm all nominations by majority vote (Advice and consent)
Senatorial courtesy – tradition started by G.Washington to seek approval from local senators over locally appointed judges

10. Constraints on the Power of Federal Courts
American Government
Adversarial system – decision must be made between 2 choices, and court can’t bring up an issue
Justiciable dispute – must judge actual situations, not hypothetical situations
3. Political question – absence of law to rule on a case and the court calls on the Congress to create law

11. Checks on the SC President appoints all judges
American Government
President appoints all judges
Congress must confirm appointed judges
Congress may alter the structure of the court system (# of courts and justices)
Congress has the power to impeach judges
Congress may amend the Constitution if the Courts find a law unconstitutional
Ex. Income tax originally found unconstitutional so Congress added 16th amendment

12. Judicial and Political Philosophy
American Government
Judicial Activism
Judges should interpret law loosely, using their power to promote their preferred political and social goals. Judges are said to be activists when they are likely to interject their own values in court decision
Equality
Liberal
Leans to the left on public policy and would vote Democrat
Conservative
Leans to the right on public policy and would vote Republican
Freedom
Order
Freedom
Judicial Restraint
Legislators, not judges, should make the laws. Judges are said to exercise judicial restraint when they rule closely to statutes and previous cases when reaching their decisions. They follow the “original intent” of the framers.

13. Section Assessment Describe the structure of the Federal Court system.
2. If you were a member of the Supreme Court, what would be your judicial philosophy? Why?

14. Summary: In a paragraph, describe what you have learned today.