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The Supreme Court Chapter 7 Sec. 3
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Learning Target #3 I can describe the powers of Supreme Court and how they have the ability to make law based on their rulings
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Judicial Review (def) – the power of the court to decide if a law or presidential action agrees with the Constitution Part of checks and balances If a law conflicts with the Constitution it is called ‘unconstitutional’ Not explicitly given to judicial branch
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Marbury v. Madison
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Chief Justice Marshall rules against Judiciary Act of 1789 Claims that powers given to the Supreme Court were not in agreement with the Constitution Declared a law passed by Congress unconstitutional for the first time
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How does a case get heard? Approx. 7,500 cases filed last year S.C. will only decide 130-150 per year Will only hear cases that deal with important Constitutional or national issues Abortion, segregation/schooling, legal representation, etc. 4 out of 9 justices must vote to hear a case Until a case is heard by the Supreme Court the ruling of the lower court stands
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Lawyers get 30 min. to present case Justices spend majority of time reading court documents & looking at what has been said Voting is done in a private meeting S.C. then delivers it’s opinion (def.) – their reasoning for coming to a particular decision If a justice agrees with the majority but for different reasons = concurring opinion If a justice disagrees with the majority opinion they may also file a dissenting opinion
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