Chapter Focus Section 1 The Supreme Court at

Chapter Focus Section 1 The Supreme Court at Work Section 2 Shaping Public Policy Section 3 Influencing Court Decisions Chapter Assessment

Chapter Objectives • The Supreme Court at Work Explain how the Supreme Court selects, hears, and decides cases. • Shaping Public Policy Identify ways the Supreme Court shapes public policy and explain the limits on the Court’s power. • Influencing Court Decisions Describe the forces that shape the Supreme Court’s decisions.

The Supreme Court at Work Key Terms writ of certiorari, per curiam opinion, brief, amicus curiae, majority opinion, dissenting opinion Find Out • By what route do most cases from other courts reach the Supreme Court? • What are the main steps the Supreme Court takes in deciding cases?

The Supreme Court at Work Understanding Concepts Political Processes Why does the Supreme Court decline to hear most of the cases brought to it? Section Objective Explain how the Supreme Court selects, hears, and decides cases.

For more than a month, Chief Justice John Marshall served as both chief justice of the United States and secretary of state. President John Adams appointed Marshall chief justice on January 31, 1801. Marshall, then secretary of state, held both positions until March 4, 1801.

I. The Court’s Procedures (page 331) A. During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions. B. The justices consider arguments in cases they have heard and petitions from plaintiffs, and then write opinions for cases they have decided. C. Justices’ written opinions interpret the law and help shape public policy.

I. The Court’s Procedures (page 331) The Supreme Court reviews about one percent of the cases referred to it. Does this statistic concern you? Explain. See text page 331 regarding the Court’s workload.

II. How Cases Reach the Court (pages 332– 333) A. The majority of referred Court cases concern appeals from lower courts. B. Most appeals concern cases in which a lower state or federal court has ruled laws unconstitutional. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final. C. Most cases reach the Court by writ of certiorari, in which either side petitions that a lower court’s decision involved an error raising a serious constitutional issue.

II. How Cases Reach the Court (pages 332– 333) D. The solicitor general is appointed by the president and represents the federal government before the Supreme Court. E. The chief justice puts worthy certiorari cases on a list for discussion; two thirds of all certiorari cases never make the list. If four of the nine justices agree, a case is accepted. F. Some cases are decided by a brief, unsigned per curiam opinion; the rest are given the Court’s full consideration.

II. How Cases Reach the Court (pages 332– 333)

II. How Cases Reach the Court (pages 332– 333) Why does the Supreme Court select a very small percentage of cases to review? The Court selects only very significant cases because of its limited time.

III. Steps in Deciding Major Cases (pages 333– 335) A. Each side submits a brief detailing legal arguments, facts, and precedents. Parties not directly involved but with an interest in the case may submit amicus curiae briefs. B. Lawyers for each side make oral arguments during which justices may ask questions. C. On Wednesdays and Fridays the chief justice presides over a secret conference, in which each single case is summarized and recommendations for handling it are made.

III. Steps in Deciding Major Cases (pages 333– 335) D. The justices spend about 30 minutes debating each case. Each justice has one vote; a majority vote is needed to decide a case. E. The justices may issue four kinds of opinions: a unanimous opinion, a majority opinion, a concurring opinion, or a dissenting opinion. F. If the chief justice votes with the majority, he or she assigns a justice in the majority to write the Court’s opinion. If not, the most senior justice with the majority assigns a justice to write the opinion.

III. Steps in Deciding Major Cases (pages 333– 335) In what way has a Supreme Court decision affected you, your family, or your community directly? Answers will vary. Students may refer to decisions affecting schools, free speech, etc.

Checking for Understanding 1. Main Idea Use a graphic organizer like the one below to identify the three ways cases reach the Supreme Court. original jurisdiction, on appeal, writ of certiorari

Checking for Understanding Match the term with the correct definition. ___ D writ of certiorari ___ A per curiam opinion ___ C brief ___ F amicus curiae ___ E majority opinion ___ B dissenting opinion A. a brief, unsigned statement of a Supreme Court decision B. the opinion expressed by a minority of justices in a court case C. a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case D. an order from the Supreme Court to a lower court to send up the records on a case for review E. the opinion expressed by a majority of justices in a court case F. a written brief from an individual or group claiming to have information useful to a court’s consideration

Checking for Understanding 3. Identify Charles Evans Hughes served as chief justice of the Supreme Court and is often quoted on his defense of dissenting opinion.

Checking for Understanding 4. What steps does the Supreme Court take in selecting, hearing, and deciding cases? Justices discuss cases and accept those involving important constitutional questions. The Court receives briefs; listens to lawyers’ oral arguments; discusses the cases in private; votes on the cases; writes opinions; and announces its decisions.

Critical Thinking 5. Demonstrating Reasoned Judgment Do you believe that it is proper that the Supreme Court’s deliberations are secret and that no minutes are kept? Answers will vary. Students should cite the relationship between secrecy, judicial independence, and political or public pressure.

Political Processes The Supreme Court does not hear all the cases sent to it on appeal. Find out how many cases were sent to the Supreme Court in each of the past 10 years and the number of cases about which an opinion was issued. Present your information in a double bar graph.

Shaping Public Policy Key Terms judicial review, impound, stare decisis, precedent, advisory opinion Find Out • Does the Court’s use of judicial review give it too much power compared to that of the president and Congress? • By what means is the Supreme Court limited in its power?

Shaping Public Policy Understanding Concepts Constitutional Interpretations How do Supreme Court decisions affect laws passed at both the state and national levels? Section Objective Identify ways the Supreme Court shapes public policy and explain the limits on the Court’s power.

The Constitution sets no basic requirements for Supreme Court justices, not even age limits or citizenship. Neither a law degree nor prior experience as a judge is mandatory.

I. Tools for Shaping Policy (pages 336– 339) A. The Court determines policy in three ways: 1. using judicial review; 2. interpreting laws; 3. overruling or reversing its previous decisions. B. Using judicial review, the Court may examine laws and actions at all levels of government and cancel them if they violate the Constitution.

I. Tools for Shaping Policy (pages 336– 339) C. The Court uses judicial review most often to review state and local cases, but sometimes its review of federal cases can have a tremendous impact on the nation, as in the Brown (1954) and Miranda (1966) cases. D. The Court’s interpretation of the very general language of laws allows it to decide how the law applies to specific situations. E. The Court’s rulings become precedents on which to base other, similar decisions; however, since times change, the Court may overturn or reverse its earlier decisions. Some Supreme Court decisions have resulted in great social upheaval.

I. Tools for Shaping Policy (pages 336– 339)

I. Tools for Shaping Policy (pages 336– 339) Should the Court consider public reaction in making its decisions? Explain. Answers will vary. Students should support their views.

II. Limits on the Supreme Court (pages 339– 341) A. Generally, the Court’s decisions have dealt largely with civil liberties, economic issues, federal laws and regulations, due process, and suits against government officials. B. The Court plays only a minor role in the area of foreign policy. C. Civil liberties cases make up the largest number of Court cases; appeals from prisoners comprise about one-fourth of its cases.

II. Limits on the Supreme Court (pages 339– 341) D. By its rules and customs, the Court hears only cases where its decision will make a difference, not merely those which decide a point of law. Plaintiffs must have suffered real harm, or cases must involve a federal question. The Court avoids political issues. E. Since the Court can decide only those cases that come to it from elsewhere in the legal system, events beyond the Court’s control shape its agenda. The Court may signal its interest in a subject by taking on a specific case.

II. Limits on the Supreme Court (pages 339– 341) F. The Court’s power to shape public policy also is limited by its own limited ability to enforce its decisions. Noncompliance by other courts also is difficult to monitor.

II. Limits on the Supreme Court (pages 339– 341) Although there are clear limits on the Supreme Court’s powers, some critics claim that the Court sometimes exceeds its constitutional power by changing public policy on controversial issues such as abortion and minority rights. Do you agree? Explain. Answers will vary. Students should note that the Court sets policy only when a case is presented to it.

Checking for Understanding 1. Main Idea Use a graphic organizer like the one below to compare the power of the Supreme Court with its constitutional limitations. Power: judicial review, interpretation of laws, overturning earlier decisions Limitations: president’s power to appoint judges; Congress’s power to approve appointments and to impeach/remove judges; lack of enforcement power

Checking for Understanding Match the term with the correct definition. ___ D judicial review ___ A impound ___ C stare decisis ___ B precedent ___ E advisory opinion A. refuse to spend B. a model on which to base later decisions or actions C. the principle that once the Court rules on a case, its decision serves as a precedent on which to base other decisions D. the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional E. a ruling on a law or action that has not been challenged

Checking for Understanding 3. Identify Marbury v. Madison, Miranda v. Arizona. Marbury v. Madison is the first case in which the Supreme Court assumed the power of judicial review and ruled an act of Congress unconstitutional. Miranda v. Arizona is the Supreme Court case that ruled that police had acted unconstitutionally and had violated a suspect’s rights. This decision brought major changes in law enforcement policies and procedures across the nation.

Checking for Understanding 4. Identify four ways in which the Supreme Court’s power to shape public policy is limited. Any four: restrictions on issues it will hear; limits on cases it can or will hear; limited control over its agenda; lack of enforcement powers; checks and balances

Critical Thinking 5. Drawing Conclusions Do you think the Supreme Court’s power would be enhanced or diminished if it would give advisory opinions? Explain your answer. Answers will vary. If the opinions influenced executive or legislative actions, its power would grow. If its advice was ignored, its power would diminish.

Constitutional Interpretations Research the supreme courts of Canada and Mexico. Find out how these courts select which cases they will hear. Write a brief summary that compares the selection process of these other supreme courts with that of the United States Supreme Court.

Influencing Court Decisions Key Terms bloc, swing vote Find Out • How do relationships among the justices affect the Supreme Court? • What are the various external influences on Supreme Court decisions?

Influencing Court Decisions Understanding Concepts Public Policy How does the power of Congress over the Supreme Court affect public policy? Section Objective Describe the forces that shape the Supreme Court’s decisions.

William O. Douglas served longer (36 years) than any other Supreme Court justice and was the only justice ever to write both the majority and minority opinions for the same case (Meyer et al. v. United States). Douglas wrote the minority opinion and then made a few “notes” to help out with the majority opinion. Douglas’s brilliant notes were submitted as the majority opinion.

I. Basing Decisions on the Law (page 343) A. Justices must base their opinions on the law, not on personal opinions. B. The Court must interpret laws and relate their interpretations to the Constitution itself, relevant statutes, and legal precedents.

I. Basing Decisions on the Law (page 343) Do you think it is good that justices must relate their decisions to relevant statutes and legal precedents? Explain. Answers will vary, but students should note that personal opinions alone are not a good basis for legal decisions.

II. Views of the Justices (page 344) A. Justices monitor important issues; some become identified with them. B. As justices retire, the majority voting blocs on certain issues may change.

II. Views of the Justices (page 344) Should justices allow their views on issues to affect their decisions about the constitutionality of laws? Answers will vary. See text page 344.

III. Relations Among the Justices (pages 344– 345) A. Modern justices meet for discussion, but they communicate mostly in writing. B. Personal relations among justices may influence the Court’s decisions. C. The chief justice’s skillful leadership can help promote harmony.

III. Relations Among the Justices (pages 344– 345) Is it better for the justices to share similar opinions and philosophies, or does some degree of conflict among the justices produce better decisions? Explain. Answers will vary. Some students may say that harmony among the justices leads more readily to solutions; others may believe that conflict produces more balanced decisions.

IV. The Court and Society (pages 345– 347) A. Although insulated from public opinion and political pressures, the Court needs public support; its authority depends in part on public acceptance. B. Justices are influenced by the values and beliefs of society; their decisions usually reflect important societal changes.

IV. The Court and Society (pages 345– 347) How important is public opinion in shaping the Court’s decisions? Explain. The Court is insulated from opinion; however, justices are affected by the same social forces as the public.

V. Balancing the Court’s Power (pages 347– 348) A. The power of presidents to fill vacancies on the Court, as every full-term president but Carter has done, gives presidents influence over the Court. B. As head of the executive branch, the president is responsible for enforcing the Court’s decisions, but he or she may do so vigorously or with little enthusiasm. C. Congress has the power to limit the Court’s ability to hear certain cases; may propose a constitutional amendment to overturn a decision; may set, but not reduce, the justices’ salaries; and uses its confirmation power to shape the Court’s position on social issues.

V. Balancing the Court’s Power (pages 347– 348) Since most presidents appoint at least one Supreme Court justice during their terms in office, how important is it to consider candidates’ views on social and legal issues before voting in a presidential election? Explain. Answers will vary. Accept reasonable responses.

Checking for Understanding 1. Main Idea Use a graphic organizer like the one below to show five forces that shape Supreme Court decisions. existing laws, justices’ personal views, interactions among justices, social forces and public attitudes, Congress and the president

Checking for Understanding 2. Define bloc, swing vote. A bloc is a coalition that promotes a common interest. A swing vote is a deciding vote.

Checking for Understanding 3. Identify Plessy v. Ferguson, Brown v. Board of Education of Topeka. Plessy v. Ferguson (1896) was the Supreme Court ruling that upheld Louisiana’s “equal but separate accommodations” law as constitutional. Brown v. Board of Education of Topeka (1954) was the Supreme Court ruling that separate-but-equal educational facilities were unconstitutional.

Checking for Understanding 4. What is the basis for Supreme Court decisions? The basis for Supreme Court decisions is relevant laws, precedents, and the Constitution.

Checking for Understanding 5. How do personal relationships among Supreme Court justices affect decision making? Severe personal conflicts may divide the Court. Good personal relations promote solutions to problems.

Critical Thinking 6. Making Inferences Why did the Supreme Court overturn a precedent in deciding the Brown case? They overturned a precedent to meet society’s changing conditions.

Public Policy Although the Supreme Court sets policy, its decisions are affected by the powers of Congress and the president. Create a diagram that illustrates how Congress and the president check the powers of the Supreme Court. Display and discuss your diagram.

Reviewing Key Terms Match each of the following terms with the description below that correctly identifies it. ___ C amicus curiae ___ E precedent ___ B stare decisis ___ H dissenting opinion ___ F brief ___ G majority opinion ___ D per curiam opinion ___ A writ of certiorari A. order to lower court for records on a case to be handed up for review B. lets a decision stand C. an interested party not directly involved in a case D. short, unsigned statement of Supreme Court’s decision E. earlier decision on similar cases F. sets forth facts and legal arguments to support one side of a case G. sets forth reasons for a Supreme Court’s decision H. sets forth reasons for disagreeing with a Supreme Court decision

Recalling Facts 1. What happens when the Supreme Court refuses to hear a case? When the Supreme Court refuses to hear a case, the decision of the lower court stands. 2. What procedure do the justices follow in reaching a decision in a case? After the Court accepts a case, the lawyers for each side submit a brief. The lawyers then present oral arguments. The justices meet in conference to discuss the case. They vote on the decision and an opinion is written to explain the majority position.

Recalling Facts 3. What is the importance of a Supreme Court majority opinion? It instructs lower courts on how to act in the future and communicates the Court’s thinking to government, interest groups, and the public. 4. What is the importance of a dissenting opinion? The dissenting opinion may become the basis for a majority opinion if the Court changes its mind in the future.

Recalling Facts 5. Why does the Supreme Court sometimes overturn its earlier decisions? Society’s attitudes and values change over time, as do those of the justices. What was once acceptable may have changed over time.

Understanding Concepts 1. Political Processes Why does the Supreme Court refuse to hear so many cases? The cases may not involve an important constitutional question or be the best case for deciding an issue; also the Court may not want to take a position on a political issue.

Understanding Concepts 2. Constitutional Interpretations Chief Justice Charles Evans Hughes once said, “The Constitution is what the judges say it is. ” Explain the meaning of this statement. It means the judges’ interpretation of what the Constitution’s words mean becomes law.

Critical Thinking 1. Demonstrating Reasoned Judgment Why are the Supreme Court procedures so rigid? Possible answers include to help assure that each case will be considered equally or to speed the work of the Court.

Critical Thinking 2. Synthesizing Information In a chart, identify factors that affect how the Supreme Court shapes public policy, and name a major case that illustrates each factor. judicial review: Marbury v. Madison, Dred Scott, Ex parte Milligan, Train v. City of New York, Brown v. Board of Education of Topeka, Miranda v. Arizona; interpreting the meaning of laws: Lau v. Nichols; reversing previous decisions: Katz v. United States

Interpreting Political Cartoons Activity 1. How does this cartoon characterize Supreme Court decision making? The justices of the Supreme Court do not often unanimously agree in their decisions. There are usually dissenting opinions.

Interpreting Political Cartoons Activity 2. What is the joke being made in this cartoon? The justices cannot come to a consensus on their choice of pizza toppings—a trivial decision compared to their usual decisions.

Interpreting Political Cartoons Activity 3. Is the nature of the Court—as presented in this cartoon—beneficial to American society? Why or why not? Answers will vary. Students may note that the diversity of opinions on the Court is beneficial to society. The justices reflect diverse opinions of the American population. Other students may point out that the Court’s opinions are too subjective and the opinions of nine people hold too much weight in American society.

Which Supreme Court justice served the longest? William O. Douglas, 1939– 1975

1) because there are controversies on every conceivable subject 2) No; because he says that the history of scholarship is a record of disagreements. 3) Answers will vary, but students will probably agree that the statement has been and probably will continue to be valid.

1) judicial review 2) because of changes in values, circumstances, or attitudes since the previous decision was made. 3) Answers will vary.

1) The president is head of the executive branch of the government, which carries out many of the court’s decisions. 2) Answers will vary. 3) Answers will vary.

Supreme Court Pages Like Congress, the Supreme Court has pages who run errands and deliver messages. Find out how to become a page; where the pages go to school; what the dress code, if any, is (for years it was black or dark blue knickers with long black stockings); what the age and gender requirements have been and are now; and what kinds of tasks pages perform. Present your findings in a brief report.

Applying the Constitution Today The First Amendment forbids Congress from abridging the freedom of the press, while the Sixth Amendment guarantees a defendant a trial by an impartial jury. Today it is sometimes hard to obey both. Television and other media may generate such widespread and biased publicity that a defendant cannot be tried by a truly impartial jury.

The highest court in most states is also called the supreme court. However in Maine and Massachusetts it is called the supreme judicial court. In New York and Maryland it is the court of appeals; and in West Virginia, the supreme court of appeals.

Prejudicial or Pre-judicial? Both words come from the same Latin roots, but the first means “making a judgment (usually about an ethnic group or other class of people) with insufficient or unsound evidence. ” The second term means “coming before the decision or judgment” and usually refers to a court case.

On the Hot Seat On the Supreme Court bench, seniority determines who sits where. The chief justice sits in the center of the justices’ bench. To his right sits the senior associate. The next senior associate justice sits to the chief justice’s left, the next to his right, and so on, alternating right and left by the degree of seniority each possesses. The most junior justice sits in the seat farthest to the left of the chief justice.

Opinions of the Court Compare and contrast majority opinion, concurring opinion, and dissenting opinion. Then debate the following question: Does the practice of publishing dissenting opinions demonstrate a weakness or a strength in our judicial system?

Contacting a Justice Find out who the current justices are and write a letter to one of them asking about some aspect of his or her work. You might ask what the justice likes and dislikes most about serving on the Court, or about the most difficult or interesting case that the justice has had while serving on the Court. Share the response with the class.

Clarence Gideon Justice Black reasoned that “Governments, both state and federal, quite properly spend vast sums of money to establish machinery to try defendants accused of crime. Lawyers to prosecute are everywhere deemed essential to protect the public’s interest. . ” That being the case, counsel must be a fundamental right for the defendant as well as the prosecution. Activity: Gideon based his appeal on the Sixth Amendment as well as on the Fourteenth. Find the relevant wording in the Sixth Amendment. (“In all criminal prosecutions, the accused shall enjoy the right to. . . have the Assistance of Counsel for his defence. ”)

More About Privacy on the Phone The availability of scanners has led to an estimated 10 to 20 million people eavesdropping on conversations on wireless phones and other devices. Congress member Newt Gingrich found to his dismay that some people listen to and tape calls, and use them illegally. A conference call in which Gingrich was seemingly reneging on a promise to the House Ethics Committee was taped and handed over to a committee member of the opposing party (violating federal law). The call was able to be monitored because one party was using a cellular phone.

Louis Brandeis (1856– 1941) was a Supreme Court justice from 1916 to 1939. As an attorney, he transformed legal practice by introducing sociological and economic factors in his arguments before the Supreme Court. He was known for his support of New Deal policies and his antipathy toward industrial and financial monopolies. Criticized for taking a short vacation before an important trial he explained he needed the rest, and said, “I find that I can do a year’s work in eleven months, but I can’t do it in twelve. ”

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