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The Supreme Court Ch 18 Sec 3
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The Supreme Court Ch 18 Sec 3

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  • 1. The Supreme Court Chapter 18 section 3
  • 2. Topics
    • Judicial Review
    • Supreme Court Jurisdiction
    • Court Operations
  • 3. I. Judicial Review
    • Marbury vs Madison
    • The Impact
  • 4. A. Marbury vs Madison
    • The Midnight Judges
      • William Marbury was a Federal appointment.
    • Marbury claimed that Judiciary act of 1789 gave Supreme Court power to hear his case on original jurisdiction.
    • Marshall said no!!!
      • Constitution is supreme law of land.
      • The J.A. of 1789 conflicted with Const.
      • The Supreme Court has right to review all laws.
  • 5. B. The Impact
    • The Power of interpretation
    • The court can actively decide constitutionality of laws.
      • Plessy vs Ferguson.
      • Brown vs Board
      • Roe vs Wade
      • Miranda vs Arizona
      • Presidential Elections????????
  • 6. II. Supreme Court Jurisdiction
    • Original Jurisdiction
    • Appellate Jurisdiction
    • How cases reach the court
  • 7. A. Original Jurisdiction
    • Cases that involve a state as a party.
    • Those affecting ambassadors, public ministers, and consuls.
    • Very few cases each term.
  • 8. B. Appellate Jurisdiction
    • Every other case it hears on appeals.
  • 9. C. How cases reach the court
    • 8,000 entries, less than 100 on docket.
    • The rule of four:
      • 4 judges must agree it should be on docket.
    • 3 options
      • If case is not selected, lower ruling stands.
      • May tell lower court to reconsider in light of other precedents.
      • Agrees to hear case.
  • 10. III. Court Operations
    • Oral Arguments
    • Briefs
    • Court Conference
    • The Opinions
      • Majority opinion
        • Precedents
      • Concurring Opinion
      • Dissenting Opinion