The Supreme Court's Decision-Making Process and Policy Influence

1. Splash Screen

2. Essential Question Section 1:The Supreme Court at Work Section 2:Shaping Public Policy Section 3:Influencing Court Decisions Chapter Summary Chapter Menu

3. How do cases come before the Supreme Court, and what factors influence the decisions the Court makes? Essential Question

4. Chapter Preview-End

5. Content Vocabulary • writ of certiorari • per curiam opinion • brief • amicus curiae • majority opinion • dissenting opinion Section 1-Content Vocabulary

6. Academic Vocabulary • periodic • accompany • initial Section 1-Academic Vocabulary

7. Reading Strategy Use a flowchart similar to the one below to list the steps that the Supreme Court uses to decide major cases. Section 1-Reading Strategy

8. A B What makes the written opinion of the Supreme Court as important as the Court’s decision itself? A. They set precedents for lower courts to follow in future cases. B. They are the Court’s way to communicate with Congress, the president, and the public. Section 1-Polling Question

9. The Court’s Procedures • Since 1979, the Supreme Court has been in continuous session, taking only periodic recesses. • During the term, the Court sits for two consecutive weeks each month. • Justices listen to oral arguments from lawyers for each side. Later they announce their opinions. Section 1

10. The Court’s Procedures (cont.) • The Court hears oral arguments from Monday through Wednesday. • On Wednesdays and Fridays justices meet in secret conferences to decide cases. Section 1

11. A B C On Wednesdays and Fridays, Supreme Court justices A.listen to oral arguments. B.recess. C.meet to decide cases. Section 1 – DQ1

12. Getting Cases to the Court • Most cases reach the Supreme Court as appeals from lower court decisions. They come to the courts in one of two ways: • writ of certiorari—an order from the Court to a lower court to send up the records on a case for review. • appeal—arequest made to review the decision of a lower federal or state court. Supreme Court Caseload Section 1

13. Getting Cases to the Court (cont.) • When a case is dismissed by the Supreme Court the decision of the lower court becomes final. • The solicitor general is appointed by the president and represents the federal government before the Supreme Court. • The solicitor general determines whether the federal government should appeal lower federal court decisions to the Supreme Court. Section 1

14. Getting Cases to the Court (cont.) • When justices accept a case, they decide whether to ask for more information from the opposing lawyers or to rule quickly on the basis of materials already available. • If the Court rules without consulting new information, the ruling may be announced with a per curiam opinion—a brief, unsigned statement of the Court’s decision. Section 1

15. A B C D An order from the Supreme Court to a lower court to send up the records on a case for review is called A.a per curiam opinion. B.an appeal. C.a brief. D.a writ of certiorari. Section 1 – DQ2

16. Steps in Deciding Major Cases • After the Court accepts a case, the lawyers on each side of the case submit a brief—a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case. • Parties not directly involved in a case but who have an interest in its outcome may submitamicuscuriae—or “friend of the court”—briefs. Section 1

17. Steps in Deciding Major Cases (cont.) • After briefs are filed, lawyers from each side are given 30 minutes to present an oral argument. • A majority of justices must be in agreement to decide a case, and at least six justices must be present for a decision. Section 1

18. Steps in Deciding Major Cases (cont.) • The Court issues four kinds of opinions: • About one-third of the Court’s decisions are unanimous opinions. • A majority opinion expresses the views of the majority of the justices on a case. • One or more justices who agree with the majority but do so for different reasons write a concurring opinion. • Adissenting opinion is the opinion of justices on the losing side of the case. Section 1

19. A B C D When one or more justices agree with the majority, but do so for different reasons, their opinion is called A.the majority opinion. B.the concurring opinion. C.the dissenting opinion. D.the unanimous opinion. Section 1 – DQ3

20. Section 1-End

21. Content Vocabulary • judicial review • impound • stare decisis • precedent • advisory opinion Section 2-Content Vocabulary

22. Academic Vocabulary • policy • suspension • interpretation Section 2-Academic Vocabulary

23. Reading Strategy As you read, create a graphic organizer similar to the one below to list the criteria the Court uses to decide which cases to hear. Section 2-Reading Strategy

24. A B C Which is the most important way in which the Supreme Court determines policy? A. use of judicial review B. interpreting laws’ meanings C.overruling previous decisions Section 2-Polling Question

25. Tools for Shaping Policy • As the Supreme Court decides cases, it determines policy in three ways: • judicial review • interpretation of laws • overruling or revising its previous decisions • Judicial review—the Supreme Court’s power to examine the laws and actions of local, state, and national governments and to cancel them if they violate the Constitution. Section 2

26. Tools for Shaping Policy (cont.) • The Supreme Court may also review presidential policies as it did in 1975 when it limited the president’s power to impound, or refuse to spend, money the Congress had appropriated. • The Court can shape public policy by interpreting existing federal laws. Section 2

27. Tools for Shaping Policy (cont.) • Under the principle of stare decisis, once the Court rules on a case, its decision serves as aprecedent, or model, on which to base other decisions in similar cases. State and Local Laws Overturned by the Supreme Court, 1801-2006 Section 2

28. A B C Under the principle of stare decisis, once the Court rules on a case, its decision A.can never be overturned. B.serves as a precedent. C.must be approved by Congress. Section 2 – DQ1

29. Limits on the Supreme Court • The Court’s activities are limited by: • restrictions on the types of issues and kinds of cases the Court will hear; • limited control over its own agenda; • lack of enforcement power; and • the system of checks and balances. Section 2

30. Limits on the Supreme Court (cont.) • The Court will hear only cases that meet certain criteria. • The Court will consider only cases in which its decision will make a difference. • The Court will not give advisoryopinions—rulings on laws or actions that have not been challenged. • The plaintiff must have suffered real harm. Section 2

31. Limits on the Supreme Court (cont.) • The Court accepts only cases that involve a substantial federal question. • The Court has traditionally refused to deal with political questions—issues the Court believes the executive or legislative branches should resolve. • With few exceptions, the Court can decide only cases that come to it from elsewhere in the legal system. Section 2

32. Limits on the Supreme Court (cont.) • The Supreme Court has limited ability to enforce its rulings. • The Constitution provides that the legislative and executive branches of the national government have several ways to influence or check the Supreme Court’s power. Section 2

33. A B C The Supreme Court will hear only cases in which its decision A.will make a difference. B.will serve as an advisory opinion. C.will resolve conflict between state and national government Section 2 – DQ2

34. Section 2-End

35. Content Vocabulary • bloc • swing vote Section 3-Content Vocabulary

36. Academic Vocabulary • foundation • function • inherently Section 3-Academic Vocabulary

37. Reading Strategy As you read, create a table similar to the one below to identify the forces inside and outside the Court that influence its decisions. Section 3-Reading Strategy

38. A B C D Which factor has the greatest influence on the decisions made by the Supreme Court? A. justices’ personal views B. relationships among justices C.political influences D. public influence Section 3-Polling Question

39. Basing Decisions on the Law • Law is the foundationfor deciding cases that come before the Supreme Court. • When the meaning of a statute or a provision of the Constitution is not clear, the justices of the Court must interpret the language, determine what it means, and apply it to the circumstances of the case. Section 3

40. A B C When the meaning of a statute or a provision of the Constitution is not clear, the justices of the Court must interpret the language, determine what it means, and A.redefine it. B.apply it to that case. C.rewrite it. Section 3 – DQ1

41. Views of the Justices • Supreme Court justices, like other political figures, are people with active interests in important issues. • Voting blocs, or coalitions of justices, exist in the Court on certain kinds of issues. • When courts are split on issues, a justice whose views are not consistent with either the majority or minority bloc might represent aswing vote, or deciding vote. Section 3

42. A B C D Another term for a coalition of justices is A.a voting bloc. B.a swing vote. C.an appeal. D.a deciding vote. Section 3 – DQ2

43. Relations Among the Justices • Despite the lack of frequent interaction, the quality of personal relations among the justices influences the Court’s decision making. • A socially harmonious court is more likely to agree on decisions than one marked by personal antagonism. Section 3

44. Relations Among the Justices (cont.) • The chief justice has several powers that can be used to influence the Court’s decisions. • During the oral arguments and in conference, the chief justice can direct discussion and frame alternatives. • The chief justice makes up the first version of the discuss list and assigns the writing of opinions to the justices. Section 3

45. A B C D Who assigns the writing of opinions to the Supreme Court justices? A.the speaker B.Congress C.the chief justice D.the chief of courts Section 3 – DQ3

46. The Court and Society • Unlike Congress, the Supreme Court is well insulated from public opinion and daily political pressures. • The Court’s authority relies on public acceptance of, and support for, its decisions. • The values and beliefs of society influence Supreme Court justices. Section 3

47. A B The public has no influence on Supreme Court decisions. A.True B.False Section 3 – DQ4

48. Balancing the Court’s Power • The president can have an effect on the Court in several ways: • The president has the power of the chief executive to appoint the justices—with Senate consent. • As head of the executive branch, the president plays a role in enforcing Court decisions. Section 3

49. Balancing the Court’s Power (cont.) • Congress can also affect the Court in several ways: • Congress can reenact, in a different form, a law that the Court rejects as unconstitutional. • Congress can propose a constitutional amendment to overturn a Court ruling. • Congress can exercise power over the Court through its right to set the justices’ salaries. Section 3

50. Balancing the Court’s Power (cont.) • Congress sets the number of justices on the Court. • The Senate can use its power to confirm nominees to shape the Court’s outlook. Section 3