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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 , with the Constitution, that law is declared Checking the , , , 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 ordered the new secretary of state, , 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 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 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 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. For justices. If a nominee cannot win the sup- example, in Plessy v. Ferguson , Justice John M. port of a majority of the senators, the Checking the Court’s Harlan dissented, saying that the Constitu- nomination may be rejected and the presi- tion should not be interpreted in ways that dent would have to appoint someone else. Power recognize class or racial distinctions. If the Court rules that a law is unconsti- Describe What happens if a tutional, Congress can try to write a better Supreme Court justice nomination Supreme Court Justices law. Congress may change the law enough so The size of the Supreme Court is determined that the Supreme Court can uphold the new is not supported by a majority of the by Congress. Since 1869, the number of jus- law. Another way for Congress to check the Senate? tices has been set at nine. The Court has a Court’s power is to amend the Constitution. The nomination may be rejected and chief justice, who is the principal judge, and For example, in 1895 the Supreme Court the president will have to choose eight associate justices. Supreme Court jus- declared that an income tax law passed by someone else. tices, like other federal judges, are appointed Congress was unconstitutional. So in 1913 Predict How do you think for life by the president and approved by the states ratifi ed the Sixteenth Amendment, Americans would react if the execu- the Senate. Justices can be removed only by which gave Congress the power to tax a per- impeachment. There are no special require- son’s income. The income tax then became tive branch did not enforce a Supreme ments to be a Supreme Court justice. legal and constitutional. Court decision? Possible answer: They might be angry; they might approve READING CHECK Summarizing How can the READING CHECK Finding the Main Idea What because they feel that the Court had power of judicial review have an affect on the laws are two ways the legislative branch can check the taken too much power in making its that are passed by Congress? power of the Supreme Court? decision. Challenge and Enrichment Activities: Chapter 7

go.hrw.com Online Resources KEYWORD: SZ7 CH7 ACTIVITY: Landmark Supreme Court Cases

1954 Brown v. Board of 1896 Plessy v. Ferguson Education African American Homer Plessy was arrested for riding in a In a unanimous decision, the Supreme Court ruled “whites-only” railcar in Louisiana. The Court justified segregation that segregated schools were not equal and therefore by ruling that separate facilities for different races were legal as violated the Fourteenth Amendment’s guarantee of equal long as those facilities were equal to one another. protection under the law.

THE JUDICIAL BRANCH 191

Differentiating Instruction At Level English Language Learners Write a Want Ad for a Supreme the length of the term. Students should also Court Justice include job requirements and qualifi cations. 1. Tell students to imagine that there is a Encourage students to be creative in their vacancy on the Supreme Court. attempts to attract people to work for the Answers Supreme Court. 2. Refer students to the Chapter 22 Media Reading Check (left) Possible answer: It determines which laws are Literacy Skill on p. 585 to see a model help 4. Ask volunteers to share their advertisements with the class. Verbal/Linguistic valid and what kinds of laws can be wanted advertisement. enacted. 3. Have each student write a want ad for the Alternative Assessment Handbook: Rubric 2: Advertisements Reading Check (right) by passing position of Supreme Court justice. The ad new laws to replace those found should explain the appointment process and unconstitutional and by passing amendments to the Constitution 191 FOCUS ON there were separate-but-equal facilities for Thurgood whites and African Americans. In Brown , Marshall the Court ruled that segregated schools were inherently unequal and therefore (1908—1993) violated the Fourteenth Amendment. The Reading Focus was born in Bal- Court ruled that public schools be desegre- timore, . He graduated first gated “with all deliberate speed.” in his class from Howard Law School How has the Supreme Court strength- in 1933 and soon became a key legal council for the National The 1954 Brown decision did not com- ened constitutional rights? Association for the Advancement of Colored People (NAACP). pletely eliminate segregation. It took other He helped the NAACP win several important civil rights cases. cases and decisions to strike down other dis- Strengthening Rights Perhaps his most famous victory was Brown v. Board of Educa- criminatory laws. tion , which outlawed segregation in public schools. Like the Brown decision, other Supreme Identify What is one Supreme Court Court opinions have made far-reaching ruling that strengthened the rights of Marshall was appointed to a federal court of appeals in 1961. He became the first African American justice on the Supreme Court changes in American life. For example, accused persons? How? Miranda v. in 1967, serving for more than 20 years. Marshall retired from the Court has made several rulings on the Arizona declared that arrested sus- the court in 1991. He left behind a legacy of defending individual rights of the accused and voting rights. pects must be informed of their rights rights and demanding equal justice for all Americans. In the 1966 case of Miranda v. Arizona , the Court declared that the police must before questioning. Explain How did Marshall contribute to the U.S. legal system? inform arrested suspects of their rights before Make Inferences How do you think questioning them. Supreme Court rulings on voting and The Court also made several decisions civil rights might also help protect Strengthening Rights in the 1960s affecting voting rights and other important rights? These deci- Supreme Court decisions have allowed representation in Congress. These deci- sions set a precedent for the Court the Constitution to meet the demands of sions were aimed at ensuring that each to make a commitment to protect all changing times. For example, in 1954 the person’s vote counts the same as any other constitutional rights. Court decided in the case of Brown v. Board person’s vote. of Education that the segregation of public Graphic Organizer Activities: Chapter 7 READING CHECK Analyzing Information How schools was unconstitutional. By doing this U.S. Supreme Court Case Studies: has the Supreme Court made sure that the Consti- the Court reversed an earlier opinion that Case 8: Plessy v. Ferguson and Brown tution applies to all Americans? said segregation was constitutional as long as v. Board of Education go.hrw.com Online Quiz KEYWORD: SZ7 HP7 SECTION 3 ASSESSMENT

Reviewing Ideas and Terms b. Elaborate What might happen if people did not have the rights established in Miranda v. Arizona ? 1. a. Defi ne Write a brief defi nition for each of the Explain your answer. following terms: judicial review , remand , opinion , Close concurring opinion , and dissenting opinion . Critical Thinking Lead a discussion on the ways the b. Compare and Contrast What are the differ- 4. Sequencing Copy the graphic organizer. Use Supreme Court and its justices infl uence ences between a concurring opinion and a dissent- it to identify the steps a case goes through in the American society. ing opinion? Supreme Court. 2. a. Recall What can Congress do to check the Focus on Writing Review power of the Supreme Court? b. Support a Point of View Does the Supreme 5. Identifying Points of View You are a sena- Online Quiz: Section 3 Court have too much power? Why? tor considering a presidential nominee for Supreme Quiz Game 3. a. Summarize What are some issues Supreme Court justice. Write a letter to your colleagues Court cases have addressed? explaining how you intend to vote for the nominee. Vocabulary Activities: Chapter 7

Assess 192 CHAPTER 7 SE Section 3 Assessment Daily Quizzes: Section 3 Section 3 Assessment Answers

Reteach 1. a. judicial review, p. 189; remand, p. 190; 3. a. civil rights and civil liberties, rights of Main Idea Activities for Differentiated opinion, p. 190; concurring opinion, p. 190; accused persons, voting rights and represen- Instruction: Section 3 dissenting opinion, p. 191 b. concurring opin- tation b. Possible answer: Arrested suspects ion—agrees with the majority opinion for might not be aware of their rights before different reasons; dissenting—disagrees with being questioned, possibly leading to wrong Answers the majority convictions or imprisonments. Focus On He worked to defend 2. a. replace unconstitutional laws and amend 4. Students should identify the steps a Supreme individual rights and demanded equal the Constitution b. Answers will vary but Court case goes through. justice for all Americans. should show students’ understanding of the 5. Opinions in letters will vary but should con- Reading Check It has required power of the Supreme Court. fair treatment of people accused of sider the impact of the appointment. committing a crime, equal voting rights, and equal civil rights for all Americans. 192