Deciding Major Cases: Steps, Opinions, and Policy Impact

1. 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. Section 1

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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. Section 2

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

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

20. 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

21. 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

22. 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

24. How the Court Shapes Public Policy • Judicial review: Court may decide whether government laws are constitutional • Interpreting the meaning of laws: Court takes the general language of laws and applies it to specific cases • Overruling or reversing previous Court decisions to reflect changing social values and laws Chapter Summary start

25. Limits on the Court’s Shaping of Public Policy • Types of issues: Court deals mostly with civil liberties, economic issues, federal laws, and suits against government officials • Types of cases: Court hears only cases that meet certain criteria • Agenda: Generally can decide only cases that come to it from elsewhere in the legal system • Enforcement power: Court has limited ability to enforce its rulings Chapter Summary

26. Influences on Supreme Court Decisions • Existing laws: Court interprets and applies laws to individual cases • Personal views of the justices: Political ideology • Justices’ ability to work together • Social forces and public attitudes • Congress and the president: Judicial branch works as part of the system of checks and balances Chapter Summary

27. MIR Trans