Judicial Branch

CHAPTERS 18

Supreme Court 2011

Background

Nations loftiest Goals: Equal Justice for all.

9 Supreme Court Justices

Includes Chief Justice (Roberts)

Judicial Review

The power to interpret laws, to determine their

meaning, and to settle disputes within a society.

Supreme Court has the final authority

Marbury v. Madison

Aftermath of elections of 1800: Thomas

Jefferson (Democrat Republicans) won the
election
President John Adams packed the courts
with midnight judges the day before he
left office
Jefferson angered: told Sec. Of State
Madison not to deliver commissions to new
judges
Marbury was a midnight justice ( a
justice of the peace) that didnt receive
commission and filed suit in the Supreme
Court. (Marbury v. Madison, 1803)

Marbury v. Madison, 1803

Marbury claimed that a provision of Judiciary Act of

1789 granted him the right to go to the superior
court and demanded a writ of mandamus(written
order by the court)

Justice John Marshall declared that the Judiciary

Act of 1789 was unconstitutional

The Creation of Judicial Review

Marbury v. Madison= Judicial Review!

The right to determine the

constitutionality of governmental
action

Appealing to the Supreme

Court
8,000 cases are appealed to S.C. each year, court only
takes a few hundred, Rule of 4, most cases are
coming from appeal (some original)
All cases between 2 or more states and cases against
ambassadors

Case is filed in a Federal District Court..

Then a Federal Court of Appeals.. Then the Supreme

Court
Supreme Court in session Oct.-June

Opinions

Majority:

Precedents:

Most cases stand as precedents or examples

for other cases to follow

Concurring:

Courts decision on a case and its reasoning

An additional statement of a justice that

supports the majority decision

Dissenting

A statement of disagreement by justices who

were in the minority of the ruling.

Chief Justice

Chosen by the pres.

Presides over the justices

1st Chief Justice: John Jay

John Marshall was a firm believer in a

strong central govt.

E. Warren appointed by Eisenhower

John Roberts is Chief Justice

Historical justices

1st Jewish-American: Louis Brandeis

1st African-American justice: Thurgood

Marshall

1st woman justice: S. Day OConnor

Landmark decisions

Marbury v. Madison: Judicial Review

McCollach v. Maryland: state cant tax a
federal institution
Dred Scott v. Sanford: Once a slave, always a
slave
Plessey V. Ferguson: Separate, but equal
Brown v. Board of Ed: No more segregation
Roe V. Wade: State cant prevent a woman
from an abortion
Bakke v. UC Regents: No Quotas, affirmative
action is constitutional

History of the courts

Judicial Activism: courts should take an active
role in solving social, political, and economic
problems in society
Judicial Restraint: courts should allow states
and other 2 branches to solve problems
FDR and the Court Packing Plan
Conservatives complained the Supreme Court
was too liberal in the 60s: rights of the
accused, no prayer in school, school bussing

R. Nixon appointed 4 justices