Chapter 18 Section 3

The Supreme Court

Section Objective: To understand the role of the Supreme Court as the nation�s highest court and the significance of judicial review in the American governmental system.

A. Judicial Review

1 Judicial review is the power to decide on the constitutionality of an act of government.

2 The principle was established in the case of Marbury v. Madison, 1803.

3 The Supreme Court has great power as the ultimate authority on constitutionality and as the arbiter of disputes between States and between States and the Federal Government.

B. Jurisdiction

1 The Supreme Court has both original and appellate jurisdiction, but most of its cases are appeals.

2 Today the Supreme Court has almost complete control over its own caseload.

C. How Cases Reach the Court

1 Under the �rule of four,� at least four judges must agree that the Court should hear a case before that case is selected for the Court�s docket.

2 Most cases reach the Court by writ of certiorari � an order to a lower court to send up the record in a given case.

3 Some cases are sent to the Supreme Court by certificate � when appellate courts, State courts, or others request a ruling on a particular point of law.

D. The Supreme Court at Work

1 Oral Arguments � In oral arguments, lawyers speak to the justices.

2 Briefs � Briefs, written documents supporting one side of a case, are submitted before oral arguments are heard.

3 Solicitor General � The solicitor general represents the United States before the Supreme Court in all cases to which it is a party.

4 The Conference � The justices meet in secret session to discuss in depth and vote on the cases they have heard.

5 Opinions � Justices of the Supreme Court always write the Opinion of the Court; there may also be concurring opinions and dissenting opinions; all may have an influence on subsequent rulings.