The Supreme Court

Chapter 7 Sec. 3

Learning Target #3

I can describe the powers of Supreme Court and

how they have the ability to make law

based on their rulings

Judicial Review

(def) – the power of the court to decide if a law or presidential action agrees with the Constitution Part of checks and balances

If a law conflicts with the Constitution it is called ‘unconstitutional’

Not explicitly given to judicial branch

Marbury v. Madison

Marbury v. Madison

Chief Justice Marshall rules against Judiciary Act of 1789 Claims that powers given to the

Supreme Court were not in agreement with the Constitution

Declared a law passed by Congress unconstitutional for the first time

How does a case get heard? Approx. 7,500 cases filed last year S.C. will only decide 130-150 per year Will only hear cases that deal with

important Constitutional or national issues Abortion, segregation/schooling, legal

representation, etc. 4 out of 9 justices must vote to hear a

case Until a case is heard by the Supreme Court

the ruling of the lower court stands

Lawyers get 30 min. to present case Justices spend majority of time reading court

documents & looking at what has been said

Voting is done in a private meeting

S.C. then delivers it’s opinion (def.) – their reasoning for coming to a

particular decision If a justice agrees with the majority but for

different reasons = concurring opinion If a justice disagrees with the majority opinion

they may also file a dissenting opinion

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