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The Supreme Court The Supreme Court Why It Matters Write the following statement on the BEFORE YOU READ TAKING As you read, NOTES take notes on board: Every case is eligible to be tried The Main Idea Reading Focus Key Terms how the Supreme Court can before the Supreme Court. Ask students influence society. Use a The Supreme Court hears 1. What is the power of judicial review, p. 189 graphic organizer like this whether they agree or disagree with this appeals, reviews laws, judicial review? remand, p. 190 one to record your notes. statement and why. Ask them how they 2. and strongly influences What are the constitutional opinion, p. 190 think the Supreme Court decides which American society. checks on the Supreme concurring opinion, p. 190 Court’s powers? cases to try. Help students understand dissenting opinion, p. 191 3. How has the Supreme that the Court carefully chooses to Court strengthened constitutional rights? consider cases on appeal that deal with important issues. Academic Vocabulary What kinds of activities are pro- Review with students the high-use academic tected by your right to free speech? term in this section. What is cruel and unusual punish- explicitly fully revealed without vagueness ment? These are all constitutional (p. 190) questions, and many of them have been addressed by the courts. In fact, lower state and federal courts Key Terms frequently deal with constitutional issues, but their rul- Preteach the following terms: ings are not the fi nal word. In our system of govern- judicial review courts’ power to decide ment, the Supreme Court has the fi nal say about what whether a law or presidential action is in is constitutional and what is not. agreement with the Constitution (p. 189) The Power of remand return a case to a lower court Judicial Review (p. 190) opinion explanation of the reasoning that Over the years, laws have been passed that led to a Supreme Court decision (p. 190) have later been considered unconstitution- concurring opinion explanation of a al. Laws about segregation and discrimina- justice who agrees with the decision of the tion are good examples. How can such laws majority, but for different reasons (p. 190) be changed? The answers lie with a unique feature of the U.S. court system called the dissenting opinion explanation of the power of judicial review . This power allows reasoning of justices who disagree with a courts to decide whether a law or a presi- majority Supreme Court decision (p. 191) dential action is in agreement with the Vocabulary Activities: Chapter 7 Constitution. The Supreme Court holds the ultimate authority to make this deci- Taking Notes sion. If a court decides that a law confl icts The first eight chief justices of the Supreme Court were John Jay, with the Constitution, that law is declared Checking the John Rutledge, Oliver Ellsworth, John Marshall, Roger B. Taney, Judicial review: court’s power: Salmon P. Chase, Morrison R. Waite, and Melville W. Fuller. unconstitutional. allows courts to decide Supreme Court can if laws and actions are be checked by and unconstitutional check the powers of THE JUDICIAL BRANCH 189 other government branches Teach the Main Idea At Level Strengthening rights: Supreme Court The Supreme Court decisions have made changes to the rights of 1. Teach Ask students the Reading Focus summarizing the section. Write the Americans questions to teach this section. paragraph on the board. 2. Apply Have students summarize the main 4. Practice/Homework Ask students idea of each main head in this section in one to imagine that they are justices on the sentence. Supreme Court. Have them prepare a brief 3. Review Have students contribute ideas public statement explaining their work and from their sentences to a class paragraph the importance of the Court. THE JUDICIAL BRANCH 189 ACADEMIC The Constitution does not explicitly decide, with or without a formal written VOCABULARY give the judicial branch the power of judicial opinion, only about 130 to 150 of those explicitly: review. John Marshall established the power cases. It accepts only those cases that gen- fully revealed without vagueness when he served as chief justice of the Supreme erally deal with important constitutional Court from 1801 to 1835. Marshall promoted or national questions. At least four of the Reading Focus the idea of judicial review for the fi rst time in nine justices must vote to hear a case. If the 1803 in the case of Marbury v. Madison . Supreme Court refuses to review a case, the What is the power of judicial review? The case involved William Marbury, who decision of the lower court remains in effect. had been promised an appointment as a jus- The Court may also remand , or return, a case The Power of Judicial tice of the peace by outgoing president John to a lower court for a new trial. Review Adams. President Thomas Jefferson ordered the new secretary of state, James Madison, Hearing and Deciding Cases Explain How does the Supreme to deny Marbury’s appointment. Marbury The Supreme Court hears cases by oral argu- Court decide to hear a case? at least claimed that the Judiciary Act of 1789 gave ment. Lawyers for the parties in a case each four justices vote to hear it the Supreme Court the power to order Madi- have 30 minutes to present their arguments. son to give him the promised appointment. Then the justices spend their time reading Evaluate Do you think concurring However, Chief Justice Marshall ruled that written arguments and considering what opinions or dissenting opinions are the act gave the Supreme Court powers that was said in court. When they are ready to more infl uential? Students’ answers it had not been granted by the Constitution. decide a case, they hold a private meeting will vary but should show students’ Because the Constitution is the supreme law to vote. Each justice has one vote, and deci- understanding that all opinions show of the land, the Judiciary Act passed by Con- sions are reached by a simple majority. justices’ reasoning and can infl uence gress was declared unconstitutional. This was After deliberation and voting, the Court the law. the fi rst time the Supreme Court had declared delivers its opinion. An opinion explains an act of Congress unconstitutional and thus the reasoning that led to the decision. The Simulations and Case Studies: Lesson established the concept of judicial review. Court’s opinion is binding on all lower courts. 6: Bethel School District v. Matthew Sometimes a justice agrees with the decision Fraser Choosing Cases of the majority, but for different reasons. In U.S. Supreme Court Case Studies: More than 7,000 cases are fi led with the that case, the justice may decide to write a Case 1: Marbury v. Madison Supreme Court each year. The Court may concurring opinion . go.hrw.com Online Resources KEYWORD: SZ7 CH7 ACTIVITY: Supreme Court Changing Court Procedures Opinions: Segregation The Supreme Court has interpreted the Constitution differently at different times. For example, the Court ruled in Scott v. Sandford that Linking to Today African Americans were not considered U.S. citizens. Later, in Plessy v. Supreme Court Vacancies In 2005, Ferguson , the Court legalized “separate but equal” facilities for African shortly after Justice Sandra Day Americans and whites. The Court put an end to legal segregation in 1954 in Brown v. Board of Education . O’Connor announced her decision to How were the rulings in Plessy v. Ferguson and Brown v. Board of 1857 Scott v. Sandford retire, Chief Justice William Rehnquist Education different? died of cancer. President George W. Dred Scott’s attempt to win his freedom was defeated when the Supreme Court ruled that slaves Bush had already selected John Roberts had no right to sue in federal courts because they to replace O’Connor but decided to were considered property, not citizens. nominate him for chief justice instead. Although the Court had not had two 190 CHAPTER 7 vacancies at the same time since 1971, the Senate did approve two nominees at the same time in 1986. After Chief Collaborative Learning At Level Justice Warren Burger retired, the Hold a Moot Court Senate had to confi rm both Rehnquist’s elevation to chief justice and Antonin 1. Divide students into three groups: the the Simulations and Case Studies booklet Scalia’s nomination to fi ll Rehnquist’s Supreme Court, attorneys for the petitioner, to prepare for a moot court. vacant seat. and attorneys for the respondent, and assign 3. Hold the moot court to decide the case. one student to be court recorder. Verbal/Linguistic, Interpersonal 2. Have students follow the directions of Lesson Simulations and Case Studies: Lesson 7: Moot Answers 7: Moot Court: Jones v. Clear Creek ISD in Court: Jones v. Clear Creek ISD Quick Facts Plessy v. Ferguson ruled that segregated facilities were allowed as long as they were equal to each other; Brown v. Board of Ed ruled that segregation was illegal. 190 In many cases, one or more justices Checking the Court’s Power disagree with the majority opinion. These justices may fi le a dissenting opinion. The How do the other branches of government dissenting opinion explains why the jus- check the powers of the judicial branch? The tice believes the majority opinion is wrong. executive branch—the president—has the Although dissenting opinions have no effect power to appoint all federal judges, includ- Reading Focus on the law, they are still important. Many ing Supreme Court justices. Of course, the dissenting opinions have later become the Senate must confi rm all nominees for fed- What are the constitutional checks on law of the land when the beliefs of society eral judgeships, including Supreme Court the Supreme Court’s powers? and the opinions of the justices change.
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