The Supreme Court -- gov.

What is the function of the Supreme Court?

to resolve disputes over the meaning of federal laws and the constitution

Judicial Review

examine laws and overturn those that violate the Constitution

What court case gave the Supreme Court judicial review?

1803 Marbury vs Madison

How many cases are appealed to the court annually?

9000

How many of those cases are actually decided on?

1% (~80)

What is the original jurisdiction of the court?

Supreme Court has the authority to be the first to hear a case (very few cases)

What is the appellate jurisdiction of the court?

Supreme Court has the authority to hear a case that is appealed to the court (most cases)

How does the court choose cases?

where lower courts have decided on the same issue in different ways

Why does the court choose cases like this?

To ensure uniformity in ruling, as there are many cases that raise questions about laws that could impact the nation

What type of case makes up more than half of the cases appealed to the Supreme Court?

prisoners appealing their convictions

writ of certiorari

Supreme Court orders lower courts to send up the records on case for review

Who represents the United States in Supreme Court cases?

Solicitor General

What is the Rule of Four?

If four (a majority of the quorum of six) justices agree to hear a case than the court will issue writ of certiorari

What is the first step when the case gets to the Supreme Court?

Brief— each side submits a written statement that explains their legal argument, relevant facts, and precedents supporting their case

amicus curiae brief

submitted by interest groups of experts who may or may not have any connection to the case, explains why the case is important to them and how they want it decided

What is the second step when the case gets to the Supreme Court?

Oral Arguments, hours long sessions where lawyers are given thirty minutes each to speak and may be questioned by the justices

What is the third step when the case gets to the Supreme Court?

Conference, where justices meet to discuss the case and hold a preliminary vote to either uphold or reverse a lower court decision— if the vote ties, lower court decision stands

What is the fourth step when the case gets to the Supreme Court?

Opinion Phase, written opinion by the court explaining their decision and the facts of the case

Unanimous Vote

9-0, Chief Justice writes the opinion

Majority Vote

8-1,7-2,6-3,5-4: Senior member writes opinion

Dissenting

Senior member of minority side writes opinion

Concurring

Someone for unanimous, majority or dissenting side writes a different opinion

Why are justices appointed for life?

so they are insulated from public opinion or political pressure

What is the Supreme Court decision that upheld “separate but equal” segregation?

1896 Plessy vs Ferguson

What is the Supreme Court decision that struck down “separate but equal” segregation?

1954 Brown vs Board of Education

What are the two constitutional requirements to become a Supreme Court justice?

Nominated by President & approved by Senate

What factors do the President consider when nominating for the Supreme Court?

• Merit & ideology: personal integrity, professional expertise, education/training, oral/written communication skills; judicial temperament: being open minded, courteous, patient & commitment to equal justice under the law; nominee will share President’s ideology

• Geographic, religious, gender & racial representation; currently: 5 men, 4 women, including 2 African American justices and 1 Latina justice

What powers does Congress have over the Supreme Court?

impeach and remove justices, decide how many justices will be on the court, sets salaries of justices (cannot lower salary to punish them, but can refuse a raise)

What can the Congress and states do to overturn Supreme Court decisions?

They can make constitutional amendments (EX: 1895: Court ruled tax on incomes was unconstitutional; 1913: 16th Amendment granted Congress power to levy an income tax)

Judicial Restraint

(courts should avoid overturning laws passed by elected officials); Court should uphold acts of Congress unless a clear constitutional violation exists

Judicial Activism

(courts must intervene in controversial issues to protect Constitutional rights); Court should always intervene when rights are violated

• Justices must determine what Constitution’s text means when words are vague

Stare decisis

Court’s ruling serves as a precedent on which to base other case decisions

Originalism

interpret the Constitution by looking at the original understanding of the people who ratified it and its amendments; fixed meaning prevents judges from choosing their own meaning which is undemocratic; change should come through the amendment process

Living document

judges must apply Constitutional values in light of modern circumstances; judges use multiple sources to find Constitution’s meaning; document must evolve and be flexible to meet changing values and standards