The United States Supreme Court

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Willis Dalton
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1 The United States Supreme Court

2 The Supreme Court Justices The main job of the nation s top court is to decide whether laws are allowable under the Constitution. The Supreme Court has original jurisdiction only in cases involving foreign diplomats or a state. All other cases come to the Court on appeal.

3 The Supreme Court Justices (cont.) The Court chooses the cases it hears. In cases the Court refuses to hear, the decision of the lower court stands. The Court has final authority on cases involving the Constitution, acts of Congress, and treaties.

4 1. What information does this graph show? It shows the Supreme Court caseload from 1945 to What do the numbers on the vertical axis indicate? The vertical axis indicates the number of cases.

5 3. What time period does the graph cover? It covers the years 1945 to In which year did the Supreme Court issue the fewest opinions? The fewest opinions were issued in 1995.

6 5. What change has occurred in the caseload of the Supreme Court? It has increased. 6. In general, how does the number of cases appealed to the Supreme Court compare with the number it hears and decides? The number of appealed cases is always greater than those that it hears and decides.

7 The Supreme Court Justices (cont.) Eight associate justices and one chief justice make up the Supreme Court. After deciding a case, the justices issue a written explanation, called the Court s opinion.

8 The Supreme Court Justices (cont.) The president appoints Supreme Court justices, with Senate approval. The president s decision may be influenced by the Justice Department, American Bar Association, interest groups, and other Supreme Court justices.

9 The Supreme Court Justices (cont.) Supreme Court justices are always lawyers. A successful law career, political support, and agreement with the president s ideas are factors in who gets appointed.

10 The Supreme Court Justices (cont.) Why might the Senate reject a president s nominee for Supreme Court justice? Throughout history, the Senate has rejected many presidential nominees to the Supreme Court because of doubts about the qualifications or the legal philosophy of the persons nominated.

11 Powers of the Court The legislative and executive branches must follow Supreme Court rulings. Because the Court is removed from politics and the influences of specialinterest groups, the parties involved in a case are likely to get a fair hearing.

12 Powers of the Court (cont.) The Court s main job is to decide whether laws and government actions are constitutional, or allowed by the Constitution. It does this through judicial review the power to say whether any law or government action goes against the Constitution.

13 After a suit is brought to the Court, the Court can declare that law unconstitutional.

14 Powers of the Court (cont.) The Constitution does not give the Supreme Court the power of judicial review. The Court claimed the power when it decided the case Marbury v. Madison. Read about the case now on page 211 in your textbook. Make a list of the most important events in the order that they occurred.

15 President Adams appointed 58 new federal judges on his last night in office. Adams s Secretary of State, John Marshall, was supposed to deliver the signed commissions, but he failed to do so. William Marbury and three other appointees did not receive their commissions. Marbury petitioned the new Secretary of State, James Madison, to deliver them.

16 The new president, Thomas Jefferson, told Madison not to deliver them because he wanted to repeal all 58 last-minute judges. Marbury asked the Supreme Court to order Madison to deliver the commissions. The Supreme Court decided that Marbury s rights had been violated. Supreme Court Chief Justice Marshall said it was the duty of the court to, say what the law is.

17 Powers of the Court (cont.) In the Court s opinion, Chief Justice John Marshall set forth three principles of judicial review: (1) The Constitution is the supreme law of the land. (2) If a law conflicts with the Constitution, the Constitution rules. (3) The judicial branch has a duty to uphold the Constitution. Thus, it must be able to determine when a law conflicts with the Constitution and nullify that law.

18 Powers of the Court (cont.) The power of judicial review serves as a check on the actions of the executive and legislative branches. Congress writes laws in general language. Through its rulings, the Supreme Court interprets the meaning of laws, helping the police and other courts apply them.

19 Powers of the Court (cont.) Why is the power of judicial review an important part of the system of checks and balances? By declaring acts of Congress or executive orders unconstitutional, the Supreme Court can check the actions of the legislative and executive branches of government to keep them from straying too far from the Constitution when they make and carry out laws.

20 Limits on the Courts Power The Court depends on the executive branch and state and local officials to enforce its decisions. Usually they do. Congress can get around a Court ruling by passing a new law, changing a law ruled unconstitutional, or amending the Constitution.

21 Limits on the Courts Power (cont.) The president s power to appoint justices and Congress s power to approve appointments and to impeach and remove justices serve to check the power of the Court. The Court cannot decide that a law is unconstitutional unless the law has been challenged in a lower court and the case comes to it on appeal. The Court accepts only cases that involve a federal question. It usually stays out of political questions.

22 Checking for Understanding Define Match the terms on the right with their definitions on the left. B 1. the power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution A 2. in accordance with the Constitution A. constitutional B. judicial review

23 Checking for Understanding (cont.) Infer The Supreme Court refuses to hear many more cases than it accepts. What happens in a case when the Supreme Court refuses to hear it? The decision of the lower court remains unchanged when the Supreme Court refuses to hear a case.

24 Checking for Understanding (cont.) Describe Explain how a person becomes a Supreme Court justice. He or she becomes a Supreme Court justice through presidential appointment and Senate confirmation.

25 Chief Justice John Roberts Associate Justice Clarence Thomas

26 Associate Justice Anthony Kennedy Associate Justice Antonin Scalia

27 Associate Justice Ruth Bader Ginsburg Associate Justice Stephen Breyer

28 Associate Justice Samuel Alito Associate Justice Sonia Sotomayor

29 Associate Justice Elena Kagan 6 men 3 women Various backgrounds, religions, ethnicities, and cultures.

30 Close Do you think it is important for members of the Supreme Court to represent a cross section of society?

31 Your Turn 1. How are Supreme Court justices selected? 2. Who makes up the Supreme Court? 3. Who was the first African American to sit on the Supreme Court? 4. What does constitutional mean? 5. What happens if a law is found to be unconstitutional? 6. What important power did the Marbury v. Madison case establish? 7. How can Congress get around a Supreme Court ruling? 8. How can the president check the power of the Supreme Court?

Ch.9: The Judicial Branch

Ch.9: The Judicial Branch Learning Goal Students will be able to analyze the structure, function, and processes of the judicial branch as established in Article III of the Constitution; the judicial branches