Chapter 9 - Lesson 3 - U.S. Supreme Court

List the ways in which Congress and state legislatures can get around a Supreme Court decision

1. It can pass a new law or change a law that the court has found to be unconstitutional. 2. Congress and state legislatures can also try to undo court rulings by changing the constitution with an amendment

What are the three principles that came from Justice Marshall's opinion regarding judicial review?

1. The Constitution is the supreme law of the country. 2. The Supreme Court has the ultimate authority in ruling on constitutional matters. 3. The judicial branch must rule against any law that conflicts with the Constitution.

What are 5 limits placed on the power of the Supreme Court?

1. The court can only hear and make rulings on the case that come to it. The court will not rule on a law or an action that has not been challenged, or objected to on appeal. 2. All cases taken by the court must be an actual legal dispute. A person cannot simply ask the court to decide if a law is constitutional or not. 3. The court can only take on cases that involve a federal court question. 4. Another limit is that traditionally the court does not choose to deal with political matters, which was believed by the justices to be a matter handled by both the executive and legislative branches. 5. Enforcement, or the carrying out of the court decisions, is an additional limitation to the court's power. The Supreme Court has no resource to make governments do what it orders. It must depend on the Executive Branch and or state and local officials to follow the results it establishes.

As the country's court of last resort, the Supreme Court is an appellate (appeals) body that has been given the authority to act in:

1. cases arising under the Constitution, laws, or treaties of the United States; 2. controversies to which the United States is a party; 3. disputes between states or between citizens of different states; 4. cases of admiralty and maritime jurisdiction (that is cases that take place on ships at sea/the ocean) 5. cases affecting ambassadors, other public ministers, and consuls; 6. cases in which states are a party the Supreme Court has original jurisdiction. Basically, it serves as a trial court.

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. If it weren't for this case, I would be at an all whites school.

Gideon v. Wainwright

1963 - Gideon was not given a lawyer because he couldn't afford one. The Supreme Court ruled that a person who cannot afford an attorney may have one appointed by the government. The impact of this verdict was that even if somebody can't afford a lawyer, the court will give the accused person a lawyer. If it weren't for this case and I was accused of a crime and didn't have a lot of money I wouldn't have a lawyer.

Miranda v. Arizona

1966 - Supreme Court ruled that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. Today, these are called letting someone know their "Miranda rights." The impact of this verdict is that people now have the right to remain silent, have a trial by jury and have a lawyer to advice them in the court. If it weren't for this case, a person arrested and accused of a crime would not have their Miranda rights read to them.

In re Gault

1967 - The Supreme Court had to decide whether or not Gault's rights were violated when he was unaware of his Miranda rights. The Supreme Court ruled that juvenile court must comply with the Fourteenth Amendment (or the due process clause). The impact of the Court's ruling was that juveniles accused of crimes will be given the same legal rights and due process protections as adults.

Tinker v. Des Moines School District

1969 - The Supreme Court had to decide whether or not the students rights were violated when they protested the Vietnam war by wearing armbands to school to express themselves, and the school banned the armband protesting and those who still wore them were suspended. This case relates to the first amendment that provides them the freedom of speech and assembly. The Supreme Court ruled in favor of the student they said that it was unconstitutional to do this because it violated the first amendment. The students won the case 7 to 2. The impact is that student now have protection when using their first amendment rights and freedom of expression in school.

United States v. Nixon

1974 - The Supreme Court had to decide whether or not President Nixon was abusing his power when he used his power of executive privilege and refused to hand over the Watergate tapes. Executive privilege allows a president to keep information secret from the public to maintain national security. The Supreme Court ruled against president Nixon and said he was abusing his power of executive privilege. The impact of the Supreme Court's ruling was that the principle of "Rule of Law" was further introduced that said even the president had to follow the law. If it weren't for this case, our president might not have to follow the rule of law.

Hazelwood v. Kuhlmeier

1988 - U.S. Supreme Court case that ruled that the First Amendment does not protect all types of student speech in school. In the case, the Supreme Court had to decide whether or not the students' rights were violated when the principal canceled two articles that he thought were inappropriate. The constitutional principle in this case was both Freedom of Speech and the Press under the first amendment. The impact of the case is that there are limits to students first amendment rights if their school disagrees with their actions. If it weren't for this case, students would have no restrictions in school over their first amendment rights.

Bush v. Gore

2000 - What did this Supreme Court case involve. Use of 14th Amendment's Equal Protection Clause to stop the Florida recount in the election of 2000 between presidential candidates George Bush and Al Gore. The Supreme Court ruled that the recount could be fairly conducted due to the many different voting methods in Florida. (In the case of this election, Florida would be the deciding state in terms of who won the presidency -- a big deal). The impact of the ruling is that people are more aware of the issues with fairness of American elections. Many argue that the Supreme Court overstepped its authority by taking this case because they interfered with politics which they should not have done.

How many judges are there on the U.S. Supreme Court?

9 judges

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

Judicial Review

Allows the court to determine the constitutionality of laws

Who determines the number of U.S. Supreme Court justices?

Congress

Brown vs. Board of Ed. Topeka, KS

Court case ending segregation of schools. The Supreme Court DID HAVE an impact. President Dwight Eisenhower enforced the desegregation of the school.

Worcester vs. the State of Georgia

Court case whereby the Supreme Court ruled in favor of the Cherokee Nation because Georgia laws did not apply to the Cherokee nation. Specifically, the Supreme Court vacated (or canceled) the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. However, President Andrew Jackson refused to enforce the ruling -- So the Supreme Court DID NOT have an impact.

What is the main job of the U.S. Supreme Court?

Decide whether laws are allowable under the constitution

How is judicial review part of our system of checks and balances?

Judicial review is an essential part of checks and balances within the federal government because it gives the Supreme Court (judicial branch) equal power with the other two branches of government.

How do most cases get to the Supreme Court?

Lower courts appeal certain cases, leading them to be passed to the Supreme Court

Writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review

Meyer v. Nebraska

Supreme Court ruled that states cannot restrict foreign-language instruction. If it weren't for this case, we would not have the right to learn a foreign language in school.

From what landmark court case does the power of judicial review come from?

The Supreme Court's landmark decision regarding judicial review is from the case Marbury v. Madison -- the first Supreme Court decision to strike down an act of Congress as unconstitutional.

What requirements and qualifications doe a Supreme Court Justice need to have?

The constitution does not name any

What happens if the U.S. Supreme Court decides not to review the case?

The decision of the lower court remains in effect

Based on the chart provided in class, what does the power of the Supreme Court depend on?

The president deciding to agree or disagree with the Supreme Court ruling in regards to carrying it out or not.

Marbury v. Madison

This case established the Supreme Court's power of Judicial Review in the year 1803. In the case, the Supreme Court had to decide whether or not Marbury would get his appointment to become justice of the peace in Washington, DC. They ruled on Marbury's side and not Madison's. But, even though Marbury was ruled the winner, the Court could not force the president to give him the appointment.

Why does Marbury v. Madison matter?

This case was the FIRST time the Supreme Court claimed the right to declare acts of the legislative and executive branches unconstitutional. With that step, it defined itself as the final authority on what the Constitution means. It allowed the Supreme Court to declare laws passed by Congress to be unconstitutional. Prior to this case, the role of the judicial branch was unclear and its influence was small. This case protects our constitutional rights by allowing me to appeal to the Supreme Court for a more fair trial.

Plessy v. Ferguson

a 1896 Supreme Court decision which legalized state ordered segregation -- Separate But Equal -- so long as the facilities for blacks and whites were equal. They ruled against Plessy. Because of this case, I would still be required to follow segregation laws (separate but equal laws) as long as they are fair.

What are the two kinds of cases that the Supreme Court has original jurisdiction over

a. disputes between two or more states b. diplomats from foreign countries

How many judges must agree to hear the case?

at least 4 of the 9

How long does a Supreme Court Justice serve?

for life