Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices. Latin Terms to Know. writ of certiorari Affidavit
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1 Name: Date: Block # Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices Directions Listen and view today s PowerPoint lesson. As you view each slide, write in any missing words or phrases. Today s Learning Standard SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts. b. Examine how John Marshall established the Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison. c. Describe how the Supreme Court decides cases. d. Compare the philosophies of judicial activism and judicial restraint. Latin Terms to Know Latin Term Meaning writ of certiorari Affidavit amicus curie per curium habeas corpus stare decisis How Does the Supreme Court Accept a Case to Review? of cases are appealed to the Supreme Court every year- only a are actually heard Cases that are accepted must meet the of the must to hear the case Many of the cases accepted may be disposed of in Which means they re to the court for because of a related case which was Cases presented to the Supreme Court may be presented through 1.) an order by the Court (when petitioned) directing a court to of a case for review 2.) a lower court the Supreme Court about a or in specific cases
2 Briefs and Oral Arguments Once a case reaches the Supreme Court, lawyers for each party file a written A detailed of the of the case a particular by presenting based on relevant facts and citations from previous cases allow both sides to present their positions to the justices during a Justices may interrupt lawyers during this time, raising questions or challenging points of law Writing Opinions Supreme Court are explained in a written statement called an If voting with the, the selects who will the If voting with the, the most of the majority who will write the opinion 3 Types of Opinions: 1.) opinion agreed upon by a majority of the justices 2.) written by a justice or justices who with the opinion, but with the behind the decision 3.) Opinion written by a justices or justices who with the Majority opinion become precedents or to be in deciding cases in the Supreme Courts Through History Warren Court ( ) Led by Chief Justice Often said to be the most court ever Important cases decided (1954) ended segregation in public schools (1963) states required to provide attorneys for those accused of a crime (1966) police have to inform anyone questioned of their rights in order to use the information in court
3 Burger Court ( ) Led by Chief Justice Returned the Supreme Court to a more ideology Appointed by Richard Important cases decided: (1973) declared abortions legal with special time constraints (1974) ruled that President Nixon s private recordings were not protected under presidential privilege and ordered them be turned over to the house investigators Rehnquist Court ( ) Led by Chief Justice William Rehnquist court that continued to, but, decisions of earlier more liberal courts in the areas of defendant s rights, abortion, and affirmative action Important cases decided (1992) upheld and ruled constitutional a Pennsylvania law requiring a minor to after receiving parental approval before getting an abortion but ruled unconstitutional a provision that required a woman to obtain informed spousal consent before having an abortion (2004) declared that the death penalty was unconstitutional for anyone under the age of 18 Judicial Philosophy 2 Types: 1.) Judicial The court should play a more active role in national and answering questions of conflict in society 2.) Judicial The court should operate the of the and only answer questions if a clear violation of the Constitution is present. making should be to the and branches.
4 Current Supreme Court Justices Recently Died Appointed: Bush, 2005 Age: 55 Conservative Antonin Scalia Appointed: Reagan, 1986 Age: Recently Died Strong Conservative Appointed: Reagan, 1988 Age: 73 Swing Vote (Usually Conservative) Appointed: Bush, 1991 Age: 61 Strong Conservative Appointed: Clinton, 1993 Age: 77 Strong Liberal Appointed: Clinton, 1994 Age: 71 Liberal Appointed: Bush, 2006 Age: 60 Conservative Appointed: Obama, 2009 Age: 55 Strong Liberal Appointed: Obama, 2010 Age: 50 Liberal
5 Limits on the Supreme Court Generally, the Court s decisions have dealt largely with, economic issues, laws and regulations, due process, and suits against government officials. Civil liberties cases make up the largest number of Court cases; from prisoners comprise about of its cases. Generally, the Court s decisions have dealt largely with, economic issues, laws and regulations, due process, and suits against government officials. Civil liberties cases make up the largest number of Court cases; from prisoners comprise about of its cases. The Court s to shape public policy also is by its own to its decisions. Noncompliance by other courts also is difficult to monitor. Ex: The Court could not enforce its decision that the Indian Removal Act was unconstitutional. Basing Decisions on the Law Justices must their legal opinions on the, not on personal opinions. The Court must their to the itself, relevant statutes, and legal precedents. This means that they have to their with the. Balancing the Court s Power - Checks and Balances The power of to on the Court gives presidents influence over the Court. The is responsible for the Court s, but he or she may do so vigorously or with little enthusiasm. Congress has the power to limit the Court s ability to hear certain cases; may propose a to overturn a decision; may, but, the justices ; and uses its to shape the Court s position on social issues.
6 Major Supreme Court Decisions established Judicial Review. established that police must inform a person of his or her rights upon arrest. established that separate but equal was constitutional. over turned Plessey v. Ferguson. poor defendants in criminal cases have the right to a state paid attorney. no states can pass laws restricting a woman s right to an abortion. Facts about the Supreme Court (1967) and (1991) were the first (1981) and (1993) were the first Closing Question Do you think a President should be able to nominate a new Supreme Court Justice in their final months as President? Or should the new President decide?
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