The Supreme Court

1
The Supreme Court

• 10.3

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Importance

• What are the rights of the accused?
• What punishments are cruel unusual?
• What activities are protected by free speech?
• SC has final say on what the Constitution means
  what laws are allowed.
• Broadest longest lasting precedents

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Judicial Review

• The power to overturn any law that the Court
  decides is in conflict w/ the Constitution.
• Marbury v. Madison (1803)
• Est. judicial review
• Judiciary Act of 1789 SC jurisdiction on cases
  involving government officials
• Constitution says SC appellate jurisdiction in
  those cases

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Marbury v. Madison (1803) cont

• Chief Justice Marshall wrote that Courts duty
  was to uphold Constitution, so it had to strike
  down part of the Judiciary Act of 1789.
• Extended to cover executive branch and states
• 1,000 state local laws, 100 federal laws
  overturned.

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John Marshall (1801-1835)
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The Justices

• No Constitutional qualifications
• President chooses Senate must confirm
• Respected judges, lawyers, legal scholars
• Chief Justice (Con.) 8 associate justices

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Two African-Americans

• Thurgood Marshall 1967

• Clarence Thomas 1991

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1st Woman

• Sandra Day OConnor 1981-2006

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1st Hispanic

• Sonia Sotomayor 2009

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• Chief Justice 235,000
• Associate justices 213,900

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Selecting Cases

• Must hear appeals from federal state courts
  involving federal government or federal law
• Original jurisdiction cases
• Write opinions for 100 of 8,000 appeals.
• Cases that raised most important constitutional
  issues

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Hearing Arguments

• Judges study briefs (written arguments) records
  from case
• Attorneys present 30 min arguments
• Justices may ask questions for clarity

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Making a Decision

• Chief Justice leads private meeting
• Summarizes offers an opinion
• Each justice can now comment
• CJ calls a vote (simple majority decides)
• Justices may change mind when writing their
  opinion

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Writing Opinions

• Written statement explaining the reason for the
  decision
• Majority opinion
• Concurring opinion
• Dissenting opinion
• Once all opinions are written final decision
  announced
• Opinions released to the press

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Influences

• Laws and constitution reflect the will of the
  people must be applied appropriately
• Review precedents
• What was the intention of the lawmakers at the
  time the law was written?
• Constitutional questions require reading works of
  the framers to get at intent.
• Try to be impartial but they do have personal
  views

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• Presidents nominate justices they think share
  their political views
• Judges serve for live so presidents can influence
  the court for many years

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A Changing Court

• Changes in role of government interpretation of
  the Constitution.
• Shifts in public opinion justices personal
  beliefs
• Since 1950 we have had 3 personalities

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The Warren Court1953-1969

• CJ Earl Warren
• Known for its defense of the rights of people
  accused of crimes
• Miranda v. Arizona
• Arrested people must be informed of their right
  to remain silent right to a lawyer
• Judicial activism effort by judges to take an
  active role in policymaking by overturning laws
  relatively often

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The Burger Court1969-1986

• CJ Warren Burger
• Characterized by judicial restraint
• An effort by judges to avoid overturning laws and
  to leave policymaking to the other two branches
  of government
• Roe v. Wade one of the most controversial of
  the 20th C.
• No state could forbid a woman from having an
  abortion

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The Rehnquist Court1986-2005

• Known for limiting the federal governments
  authority over the states.

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The Presidents Power

• Appoints SC justices
• Pick justices he hopes will share his views

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The Power of Congress

• Senate can check president by refusing to confirm
  appointments
• Constitutional amendments can nullify SC decision

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Citizen Participation

• Ask congress to pass and amendment to overturn a
  SC decision
• Elect presidents who will appoints justices whose
  ideas they like