4.17: The Supreme Court
Guided Worksheet
In 1803, Chief Justice John Marshall delivered a unanimous Supreme Court decision that would have far-reaching
consequences, one that would frame the nature and function of the Supreme Court to this day. At that time, there
were just six justices on the Court (Congress had the power to fix the number of justices on the Court). Today, the
nine justices of the Supreme Court of the United States (SCOTUS), led by the Chief Justice of the Supreme Court,
hear cases and render decisions on issues that range from campaign finance to the death penalty to civil rights.
Some cases are narrow in scope and affect only a few while others have a significant impact on the future of the
entire country. And often, unless Congress acts with a new law or a constitutional amendment, the Supreme
Court's say is final - unless, of course, at some point the Court reverses itself.
Remember that SCOTUS has both appellate and original jurisdiction, meaning it reviews appeals from the lower
courts as well as hears cases over which it has direct oversight. Article III, Section 2 defines the original
jurisdiction of the Supreme Court to be cases that involve:
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two or more states
a state and the United States
the United States and foreign ambassadors or diplomats
STEP 1: Please go to the link “Marbury v. Madison: Summary & Questions” on 4.17’s website. Read the article &
answer the appropriate questions.
1.
2.
3.
4. Describe the case Marbury v. Madison.
STEP 2: Watch the embedded YouTube video on judicial review.
ANSWER: What is judicial review?
STEP 3: Watch the YouTube embedded video on the Rule of Four. Then, read the PDF article on the Supreme
Court’s Same Sex Marriage decision & the use/outcome of the Rule of Four.
ANSWER: What is Rule of Four/Writ of Cert?
ANSWER: In what way can we see the Rule of Four in the New York Times article on same sex
marriage?
ANSWER: Does the Supreme Court share who the four justices are when using the Rule of Four
principle? Why do you think this is?
ANSWER: In your opinion, is the Rule of Four a proper democratic principle in the judicial system?
Why/why not?
STEP 4: Listen to roughly 20 minutes of the video clip on oral arguments before the Supreme Court on 4.17’s site.
ANSWER: Describe what is taking place in the oral arguments.
ANSWER: After listening to the oral arguments, what do you notice is very different from the normal
court room drama type shows we are used to seeing on TV?
Homework/Assignment
STEP 5: Go through the learning module below on historical Supreme Courts and then read the USA Today article
on the Supreme Court and the 2012 election.
ANSWER: Describe ways in which the Court itself has helped to shape policy and the political, social,
and economic direction of the United States. Use specifics to support your ideas.
STEP 6: Review how the Supreme Court works in the link below ("U.S. Supreme Court Procedures").
ANSWER: What role do law clerks play regarding petitions for certiorari?
ANSWER: Describe oral arguments, discussing / paying particular attention to when the SCOTUS
conducts business & and the procedures in the court.
ANSWER: Discuss the Justices’ conference.