Notes
Structure
- Article III creates the Supreme Court; Congress created district courts (trials) and courts of appeals (review).
- Nine justices since 1869; judges serve for life during good behavior. The U.S. has a dual court system, and most cases are in state courts.
Jurisdiction
- Original (hear first) versus appellate (review). Supreme Court original jurisdiction covers ambassadors and cases with a state as a party.
- Criminal cases: government versus defendant, beyond a reasonable doubt. Civil cases: plaintiff versus defendant, preponderance of the evidence.
Judicial review
- Federalist No. 78 defended it; ***Marbury v. Madison* (1803)** established it.
Deciding cases
- Writ of certiorari, rule of four, briefs and amicus curiae briefs, oral argument, conference.
- Majority, concurring and dissenting opinions. Stare decisis guides courts, but precedents can be overturned.
Selection and limits
- Judges are nominated by the president and confirmed by the Senate. Philosophies: restraint versus activism, originalism versus living constitution.
- Checks: enforcement by the executive, amendments, new legislation, jurisdiction changes, appointments, impeachment.
Topics in this unit
Each topic has its own short notes and practice.
Practice
The courts of appeals hear appeals from district courts.
Dissents explain why justices disagree with the ruling.
Stare decisis means "let the decision stand."
Marshall's 1803 opinion established judicial review.
The plaintiff is the party who brings a civil lawsuit.
Amendments, new laws and impeachment for misconduct are the main tools.
Free response
Write your answer first, then open the scoring guide.
Free-response question
A student is suspended for a social media post and sues the school district, claiming her First Amendment rights were violated. She loses in federal district court and in the court of appeals.
(a) Explain how her case could reach the Supreme Court.
Show the answer and scoring guide
She would file a petition for a writ of certiorari asking the Supreme Court to review the decision. Under the rule of four, the Court would hear the case only if at least four justices agree, often because the case raises an important constitutional question or courts of appeals disagree on it.
Check off the points you earned:
(b) Explain how stare decisis would affect how the Court decides the case.
Show the answer and scoring guide
Stare decisis means courts generally follow precedent. The Court would likely rely on earlier student speech cases such as Tinker v. Des Moines, which protects student speech unless it substantially disrupts school.
Check off the points you earned:
(c) Describe ONE way the elected branches could respond if they disagreed with the Court's ruling.
Show the answer and scoring guide
If the Court interpreted a federal law, Congress could pass a new law to change it. If the ruling is based on the Constitution, Congress could propose a constitutional amendment, which would need ratification by three-fourths of the states.
Check off the points you earned: