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Published byEmory Clark Modified over 9 years ago
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The Supreme Court Chapter 7: Section 3
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Focus Question: All court cases can be heard by the Supreme Court. Yes or No, explain.
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Key Terms in Section Justices-Docket Judicial Review-Remand Unconstitutional Concurring Opinion Dissenting Opinion Brief Opinion Justices-Docket Judicial Review-Remand Unconstitutional Concurring Opinion Dissenting Opinion Brief Opinion
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Supreme Court Justices 9 Judges since 1869 1 Chief Justice Appointed by Pres. Approved by Senate Annual Salary Chief $181,400 Associates $173,600 No Set Requirements
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Power of Judicial Review Power to determine if a law is unconstitutional Law must be challenged and brought to court Constitution does not give judicial review Power to determine if a law is unconstitutional Law must be challenged and brought to court Constitution does not give judicial review
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Influence of John Marshall Chief Justice 1801-1835 Marbury v. Madison Declares Judiciary Act unconstitutional Gives Supreme Court power not granted by Constitution Creates idea of Judicial Review
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Hearing Cases Chooses cases to hear 100-200 from thousands make docket, or calendar Which Cases? National Interests 4 of 9 must agree Can be remanded, or sent back to lower court for re-trial Chooses cases to hear 100-200 from thousands make docket, or calendar Which Cases? National Interests 4 of 9 must agree Can be remanded, or sent back to lower court for re-trial
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Court in Action Begins first Monday in October Adjourns in late June When hearing a case: Read lawyers briefs (written statement) Oral Argument limited to 30 minutes One justice prepares the court opinion, which explains reasons behind decision Concurring Opinion: agrees for different reasons Dissenting Opinion: Justice can explain why they disagree Begins first Monday in October Adjourns in late June When hearing a case: Read lawyers briefs (written statement) Oral Argument limited to 30 minutes One justice prepares the court opinion, which explains reasons behind decision Concurring Opinion: agrees for different reasons Dissenting Opinion: Justice can explain why they disagree
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Checking the Court Congress can pass a new law that isn’t unconstitutional Congress can amend constitution Congress can pass a new law that isn’t unconstitutional Congress can amend constitution
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Changing Court Opinions Supreme Court has made Constitution flexible Enables it to meet demands of changing nation Ex: Segregation, Same sex marriage
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Decision for Segregation Plessy v. Ferguson 1896 Allows segregation Must be “separate but equal” This becomes law of the land Jim Crow Laws Plessy v. Ferguson 1896 Allows segregation Must be “separate but equal” This becomes law of the land Jim Crow Laws
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Decision against Segregation Brown v. Board of Education 1954 Unconstitutional to segregate public schools All schools should be desegregated “with a deliberate speed” Brown v. Board of Education 1954 Unconstitutional to segregate public schools All schools should be desegregated “with a deliberate speed”
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Strengthening Constitutional Rights Rights of an Accused Person Miranda v. Arizona Must be read your rights when arrested “One Person, One Vote” Election districts divided by population Civil Rights and Civil Liberties All segregation laws removed Rights of an Accused Person Miranda v. Arizona Must be read your rights when arrested “One Person, One Vote” Election districts divided by population Civil Rights and Civil Liberties All segregation laws removed
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Focus Question: If it was up to you, would you limit or increase the power of the Supreme Court? Explain your answer.
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