Constitution
Lesson 3
The Supreme Court
1.
2.
3.
4.
U.S.’s
U.S. s highest goal Æ equal justice for all.
Sup. Ct. – only court specifically created in the Const.
Made up of Chief Justice & 8 associate judges.
The Sup.
p Ct. is the final authority
y in any
y Const. case.
A. Judicial Review
1. Sup. Ct. decides whether an act of the govt. is constitutional.
a) Marbury vs. Madison
1) can declare acts of Congress unconst.
b) Const. is the supreme law of the land.
c) No govt. act can conflict with the Const.
d) Judges must enforce the Const. above all else.
2. Sup. Ct. has used this power 1000’s of times.
ll upholds
h ld the
th actions
ti
off the
th govt.
t
a)) usually
B. Roles
1. Decides legal disputes between the Nat. govt. & the states.
2 Decides legal disputes
2.
disp tes between
bet een the states.
states
C. Jurisdiction
1. Sup. Ct. has both original & appellate jurisdiction.
a) most cases are appeals from lower Fed. courts
b) some from State Sup. Cts.
c)) a few cases are original
g
jjurisdiction (only
( y 2-3 p
per yyear))
1) when a state is a party
2) ambassadors, public ministers, & consuls
D. How Cases Reach the Court
1. 6000 cases/yr. are appealed.
2. Only a few hundred are heard for a decision.
3. Rule of Four
a) 4 of 9 justices must agree to hear a case.
- they can send it back to a lower court.
4. If denied – decision of the lower court stands.
5. Sup. Ct. actually decides less than 100/yr.
6. Writ of Certiorari Æ sent up for review.
7 Certificate
7.
C ifi
Æ lower
l
courtt is
i nott clear
l about
b t a law.
l
- Sup. Ct. clarifies the matter.
E. How the Supreme Court Works
- In session from 1st Mon. in Oct – June or July.
1. Oral Arguments
a) lawyers from both sides present their arguments
b) each witness gets 30 mins.
mins
c) brief – written documents filed w/ the court ahead
of time Æ detailed statements.
2 Solicitor General
2.
a) Fed. govts. chief lawyer – represents the U.S.
3. Conference
a) justices meet in a conference – very secret
1) speak in order of seniority
2) 1/3 of cases are unanimous.
( ) most are divided
(a)
(b) easy cases do not make it to the Sup. Ct.
4. Opinions
a) majority opinion – opinion of the court – and why
b) concurring opinions - 1 or more agreeing justices
write their opinions.
c) dissenting opinions – written by justices who do not agree.
- very valuable – precedents are followed in later cases
which are similar.
- The Supreme Court rarely reverses its decisions.