Download Lesson 25 - Government A

WHAT IS THE ROLE OF THE
SUPREME COURT?
LESSON 25
LESSON OBJECTIVES
When you are finished with this lesson you should be able to:
• Explain four methods of constitutional interpretation
• Explain the Supreme Court’s original and appellate jurisdictions
• Explain America’s system of checks and balances limits the power of
the Supreme Court
• Evaluate, take and defend positions on issues relating to the role of
the Supreme Court in the Constitutional System
CONSTITUTIONAL POWERS OF THE
COURT
• Article III of the Constitution created the Supreme Court
and give Congress power to create other courts.
• Federal judges have life tenure
• Federal courts have jurisdiction over cases originating over
national laws or involving citizens from more than one
state.
• Exercise judicial review
TYPES OF JURISDICTION
• Original Jurisdiction: power of a court to pass judgment on both the facts of a
case and the law.
• Supreme Court has original jurisdiction in, “cases affecting Ambassadors, other
public Ministers and Consuls,…[and]…Controversies to which the United
States shall be a Party.”
• When the Supreme Court hears a case in original jurisdiction – it is the only
court to hear the case.
• Hears only a few of those cases
• Typically over foreign diplomats, disputes between states
APPELLATE JURISDICTION
• Appellate jurisdiction refers to the power of a superior/higher court to review
the decision of a lower court.
• Appeal means to has for a new hearing or ask a higher court to review the decision
made in a case in a lower court.
• The Supreme Court has appellate jurisdiction in all cases not in its original
jurisdiction.
• Litigant- a party involved in a lawsuit
• Writ of certiorari – ask the Supreme Court to hear their case
• Court does not have to grant a writ
• More likely to hear the case if there is a disagreement among the federal courts of appeal
on a legal matter
• If four or more justices vote to hear the case – the Court issues the writ
• Landmark decisions – decisions that do or will have a profound effect on the
meaning of separation of powers, checks and balances, individual rights and
federalism.
INTERPRETING THE CONSTITUTION
• Supreme Court issues written explanations of it’s decisions
• Issue the majority, concurring and dissenting opinions
• Written opinions
• Hold the Court accountable to the people
• Make a public record of the decision and the rationale
• Written decision establish a precedent for future cases
• Some parts of the Constitution are clear and do not require interpretation
• Others are not as clear
METHODS OF CONSTITUTIONAL
INTERPRETATION
• Textualism, literalism or strict construction
• Adhere to the plain meaning of the Constitution
• Keeps the Court neutral
• Keep justices from imposing their values
• Original intent or original history
• Addresses the question of how to interpret words, phrases or clauses that are not clear
• Seek to understand the intent of the Founders
• Original intent of the Founders
• Fundamental Principles
• Looks to principles –natural rights, republican government, limited government
• Identifying the fundamental principles embodied in the Constitution is a useful way to determine the meaning of words, phrases or
clauses that are not clear.
• Modernism/Instrumentalism
• Constitution should be interpreted based upon changing needs and circumstances of contemporary needs.
• Justices should not hold back social progress by adhering to outmoded understandings of the Constitution.
CHECKS ON THE POWER OF THE
SUPREME COURT
• Self imposed limits
• Refuses to decide political questions
• Or questions that should be decided by the other braches of government
• Advisory opinion
• Will not offer opinions about how law should be interpreted
• Only decides when there is a specific case before the court
Presidential Appointments
• Changes to the Court personnel lead to changes in interpretation
• Executive Enforcement
• President and administrative agencies are responsible for enforcing the Court’s decisions
• Some Presidents have been reluctant to enforce such decisions
• Congressional powers
• Congress controls the Court’s budget
• Can alter the size of the Court
• Determines when the Court can meet or suspend a session of
the Court
• Can pass a Constitutional amendment