Unit 2C: Lesson 4 What SCOTUS Does

UNIT 2C: The

Judicial Branch

Lesson 4: What SCOTUS Does

●We will learn about the different types of
decisions the Supreme Court makes

●We will be able to describe the Supreme
Court Case Marbury v. Madison and judicial
review.

2

SSCG13 Demonstrate knowledge of the operation of the
judicial branch of government.
c. Examine how John Marshall established judicial review
through his opinion in Marbury v. Madison and relate its
impact.

Multiple Choice

Who gets to nominate Supreme Court justices?

• The President

• The Senate

• The People

• The Congress

Multiple Choice

Who gets to confirm Supreme Court justices?

• The President

• The Senate

• The People

• The Congress

Multiple Choice

Does the Chief Justice have to be s the Chief Justice of the Supreme Court have to be a current member of the court, or can they be

nominated as a new member, or both?

• Current Member

• New Member

• Can be either new or old member

What does the Supreme Court Do?

1.

Pick cases to hear

2.

Listen to arguments made by
lawyers from both sides of a case

3.

They will then research laws and
old cases that are related to the
current case

4.

They will meet together to
discuss their research.

5.

They vote on how they will rule in
the case.

6.

They write “opinions” on why their
side either won or didn’t

4

Match

Put the following in order:

• 1

• 2

• 3

• 4

• 5

Pick a case to hear

Listen to arguments by lawyers

research

Discuss the case

vote on a ruling

• Pick a case to hear

• Listen to arguments by lawyers

• research

• Discuss the case

• vote on a ruling

Multiple Choice

The last thing the Supreme Court does with a case is:

• Make a ruling

• Discuss their views

• Write opinions

SCOTUS Opinions

Majority Opinion
▸ The binding decision of the Court (this is the

winning side)

Concurring Opinion
▸ An opinion that has the same finding as the

majority opinion, but for different reasons

Dissenting Opinion
▸ An opinion in disagreement with the majority

5

Multiple Choice

Majority Opinion

• An opinion that has the same finding as the but for different reasons

• The binding decision of the Court

• the disagreeing opinion

Multiple Choice

Dissenting Opinion

• An opinion that has the same finding as the but for different reasons

• The binding decision of the Court

• the disagreeing opinion

Multiple Choice

Concurring Opinion

• An opinion that has the same finding as the but for different reasons

• The binding decision of the Court

• the disagreeing opinion

6

How the Court makes their decisions

They use 3 main sources:

Constitution - this is
the 1st stop for
justices.

▹It is considered the
Supreme Law of the
land!

Precedent - past
examples to be
followed in similar
cases

This also helps lower courts
decide on cases later on

Laws- if the law does
not violate the
Constitution, the
Court will listen to
Congress!

Multiple Choice

What is the most important source the Supreme Court uses when deciding a case?

• The Constitution

• Precedent

• Laws

Lower court decision
stands.

7

In the event of a tie...

Multiple Choice

If there is a tie what happens?

• They flip a coin

• The lower decision is upheld

• There is a new trial

8

Marbury v. Madison -

▹ Supreme Court case

in 1803

▹ Established the

concept of Judicial
Review

▹You will learn more in your
MUST DO assignment!

The Court’s Most Important Case!!

Multiple Choice

Marbury V. Madison Created

• Judicial Majority

• Judicial Oversites

• Judicial Review

Judicial Review

▹ The court’s job is to interpret the Constitution
▹ Judicial Review - the review by the U.S. Supreme

Court of constitutional validity of a certain
legislative act

▹ The Supreme Court can declare acts of the

government unconstitutional (making the laws
illegal...null and void)

▸This is a check on the other branches of government

9

Multiple Choice

The Supreme Court does what to laws

• Makes

• Enforces

• Interprets

Multiple Choice

Judicial Review allows the Supreme Court to find laws to be:

• Outdated

• Unconstitutional

• To sometimes apply and not others

Multiple Choice

Judicial Review is used as

• A check on the other branches

• A way to support the other branches

• A way to impose new laws