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  1. The Judicial Branch Chapter 18

  2. Part 4 The Supreme Court

  3. Basics • Only court specifically created by the Constitution • Judicial Review • The deciding if something is constitutional or not • Marbury v. Madison

  4. John Roberts • Chief Justice since 2005 • Appointed by George W. Bush • US Court of Appeals for DC

  5. Clarence Thomas • Associate Justice since 1991 • Appointed by George H. W. Bush • US Court of Appeals for DC • Ruth Bader Ginsburg • Associate Justice since 1993 • Appointed by Bill Clinton • US Court of Appeals for DC

  6. Stephen Breyer • Associate Justice since 1994 • Appointed by Bill Clinton • US Court of Appeals for the 1st Circuit • Anthony Kennedy • Associate Justice since 1988 • Appointed by Gerald Ford • US Court of Appeals for the 9th Circuit

  7. Samuel Alito • Associate Justice since 2006 • Appointed by George W. Bush • US Court of Appeals for the 3rd Circuit • Sonia Sotomayor • Associate Justice since 2009 • Appointed by Barack Obama • US Court of Appeals for the 2nd circuit

  8. Elena Kagan • Associate Justice since 2010 • Appointed by Barack Obama • Solicitor General of the US • Antonin Scalia • Associate Justice since 1986 • Appointed by Ronald Reagan • US Court of Appeals for DC

  9. Jurisdiction • Both appellate and original jurisdiction • Most are appellate • 2 types of cases can be heard as original jurisdiction • Those in which the state is the party • Those affecting ambassadors, or other public ministers and consuls

  10. The Rule of Four • How they choose cases to hear • At least 4 of the 9 Justices must agree that the case should be put on the docket • Most cases reach the Supreme Court by • Writ of Certiorari • An order by the court directing the lower court to send up the record in a given case for its review • Most writ are denied by the Supreme Court

  11. How the Supreme Court Operates 1. The Supreme Court accepts a case and sets a date • 2 week cycles • Hear cases for two weeks and then recess to consider the cases for two weeks • Oral arguments • Limited to 30 minutes • Briefs: written documents filed before the oral arguments 2. Solicitor General: The Attorney for the US

  12. 3. Conference • Consider the Cases they heard • Chief Justice in charge 4. Opinion • After a vote and decision is made it is written in the form of an opinion • Chief Justice assigns who writes the courts opinion

  13. Types of Opinions • Majority Opinion: • This is the opinion of the court. • The Ruling • Precedents: examples for lower courts • Concurring Opinion: • Add or emphasize a point from the Majority Opinion • Dissenting Opinion: • Written by those Justices who don’t agree with the Majority

  14. You must know Due Process • The Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 5th amendment • 14th amendment puts the same restrictions on States and Local Governments • Due process is defined on a case by case basis

  15. “It is better that ten guilty persons go free than that one innocent person be punished” • Any person who is suspected or accused of a crime is innocent until proven guilty • To make sure this happens an accused person has a number of rights: • Habeas Corpus • Bills of Attainder • Ex Post Facto • Grand Jury • Double Jeopardy • Speedy and Public Trial • Trial By Jury • Right to an Adequate Defense • Self -Incrimination