The Supreme Court

Source of Power

• Judicial Review– Process of determining if a law is

constitutional-local, state, national• Deal with local or state if there is proof they

violate the constitution e.g. school dress codes in 60’s

• Over 100 federal laws have been declared unconstitutional in the past 200 years-not many-close to 1000 passed each year

Interpretation of a law’s meaning

• Laws often written in vague language which can be interpreted in different ways– “separate but equal”

• Plessy v. Ferguson, Brown v. Board of Ed. of Topeka, KS

– New Miranda strengthening-”you have the right to…”

• Precedent-how earlier courts have interpreted the issue

Functions

• Terms– 8 months/yr

• In session two weeks/month-”sittings”– Attorneys present both sides of case

• Roe v. Wade

– During two-week recesses justices conduct research on case issues

• Looking for precedents

– When ready, justices issue an opinion (may take years)

• Statement of decision and why• Often minority opinions if a justice feels strongly

• How cases get to the Supreme Court– Certain cases start at the SC they are their only

jurisdiction as per Constitution• Representatives of foreign governments (diplomatic

immunity)• Cases in which a state is a party

– All others arrive by appeal on a “Writ of Certiorari”-the Court requests the case from a lower court

• The SC can decide not to accept a case, in which case, the lower court ruling stands

– How do they decide which cases to accept• Potential cases screened by clerks put on discuss list-

Justices decide

• Steps in deciding a case– Briefs

• Written arguments and facts submitted by attorneys on both sides of a case

– Oral Arguments• Lawyers on each side are given 1 hour to make

their case

– Justices discuss case in conference-closed to all but justices-Chief Justice presides-may last 8 hours, then they call for vote. Majority needed to reach decision

– Important cases get a written opinion

Court Philosophy• Strict constructionist

– Strict interpretation of constitution-unless something is specifically stated, the power is not granted (Scalia, Roberts, Alito, Thomas, Kennedy)

• Activist– expanding scope of Constitution by

interpreting it more broadly (Ginsburg, Breyer, Kagan, Sotomayor)