What role does the Supreme Court play in the US political system?

Under the US Constitution, a president must be;• A natural-born US citizen• At least 35 years old• A US resident for at least 14 years

What is the Supreme Court and why is it there?

Read Article 3 Section 1 of the US Constitution.Identify the powers of the judicial branch.

Constitutional Analysis

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the

Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold

their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which

shall not be diminished during their Continuance in Office.”


What is the Supreme Court and why is it there?


The US Supreme Court has the power;• To interpret the U.S. Constitution• Of Judicial Review• To interpret laws to ensure they are

constitutional• To ensure laws are faithfully applied.• To rule on cases involving the Constitution,

federal laws, treaties and disputes between states

Enquiry Question: What role does the Supreme Court play in the US political system?

Learning Objectives

• To understand the role of the judiciary• To identify and explain the structure of the

federal courts• To distinguish between original jurisdiction

and appellate jurisdiction

The US Government

What are the roles of the Supreme Court?

Constitutional InterpretationJudicial Review

Judicial ActivismJudicial Restrain

Constitutional Interpretation

• hears cases involving public officials or where states are a party (original jurisdiction)

• highest court of appeal (appellate jurisdiction)• hears cases that are a cause of

confusion or controversy in lower courts• Justices can interpret constitution literally (strict

constructionist) • Justices can interpret constitution by ‘reading between

the lines’ (loose constructionist)

Judicial Review

• judicial review established through Marbury v. Madison (1803)

• the Court may void any actions or statutes that come into conflict with the constitution

• judiciary can hold other branches of government to its own interpretation of the constitution

• example in case of Bush v. Gore (2000) where Supreme Court overturned judgement of Florida Supreme Court, making Bush the 43rd president

Judicial Activism

• differences in interpretation of the same part of the constitution over a period of time can sometimes be the equivalent of legislation e.g. Plessy v. Ferguson (1896) and Brown v. Board of Education (1954) on segregation

• can be argued court did not interpret constitution but amended it

• “The Supreme Court of the United States assumed quasi legislative authority” - John W Brocker

• drags the other two branches along

Judicial Restraint

• the court follows precedent and shows judicial restraint

• precedent can be challenged and changed but generally over a long period of time and several cases

• precedent is the norm and the Court moves slowly, if at all

• if the judiciary used power of review excessively or controversially, it may come under attack from the other two branches

• court has little power to enforce its decisions

“In 2007 there were 1,143,358 active lawyers working the USA.”

“American courts hear over 10 million cases a year – although most of this is in the state or local courts.”

“Federal courts (those set up by the federal government) hear about 300,000 cases a year.”

“In the 2010-2011 session, the US Supreme Court (the highest court in the land) heard 17 cases.”

Judiciary Trivia

Explain the roles and powers of the US Supreme Court.

15 marks = 15 minutes

Learning Objectives




Structure of the US Court System

The Federal and State Courts

Learning Objectives




Pause For Thought

Article 3, Section 2“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws

of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases

affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime

Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between

two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands

under Grants of different States, and between a State, or the Citizens thereof, and foreign States,

Citizens or Subjects.”

JurisdictionJurisdiction = the power, right, or authority to interpret

and apply the law

What sort of cases does the Supreme Court have

jurisdiction over?Cases that involve;

• Different states and the federal government

• Arguments between different states or citizens

of different states• The USA is a party

• Ambassadors, ministers and consuls of other

countries within the USA

Cases the Supreme Court will hear

Example

Different states and the federal government

United States v. Virginia (1996)New York v. United States (1986)

Arguments between different states or citizens of different states

Tison v. Arizona (1987)McDonald v. Chicago (2010)Gonzales v. Oregon (2006)

The USA is a party United States v. Hayes (2009)Rapanos v. United States (2006)United States v. Gonzales-Lopez (2006)

Ambassadors, ministers and consuls of other countries within the USA

Federal Republic of Germany v. United States (1999)

Pause For Thought

Article 3, Section 2“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State

shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before

mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the

Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such

Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law

have directed.”

JurisdictionJurisdiction = the power, right, or authority to interpret

and apply the law

What is “original jurisdiction”?

The ability and authority to decide cases based on hearing

testimony and viewing evidence the first time they

are heard.What is “appellate

jurisdiction”?The power of the Supreme

Court to review decisions and change outcomes of decisions

of lower courts.

Pause For Thought

Article 3, Section 3“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”

Treason

Learning Objectives





Read Article 3; What does the Constitution not tell us about the Judiciary?


• Only 1 federal court is mentioned – the Supreme Court (all others decided by Congress)

• No qualifications to be Supreme Court Justice (no minimum/maximum age, residency, citizenship etc.)

• No indication of how many judges there should be on the SC (only that Congress will decide)

• Main role intended as an appeals court (due to only rarity of other 4 types of cases) to deal with ‘controversies’

NB: Out of the thousands put forward to the SC, the SC only chooses cases that will result in a ruling of constitutional importance.

Homework

Reading and Note TakingChapter 7, p288-294Consolidating your understanding: Example BankFind a more contemporary example of each of the cases for the Supreme Court’s jurisdictionExtra CreditCan you find out which cases are currently being deliberated on by the US SC?