What does the power of judicial review allow the Supreme Court to do quizlet?

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  1. Social Science
  2. Political Science
  3. Politics of the United States

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Terms in this set (25)

What does Judicial review allow the court to do?

This power allows courts to decide whether a law or a presidential action is in agreement with the Constitution. For example this power was established in the Marbury v. Madison case.

Provide an example of a scenario they would use it:

John Marshall established the power when he served as chief justice of the Supreme Court from 1801 to 1835. Marshall promoted the idea of judicial review for the first time in 1803 in the case of Marbury v. Madison.

In what case/year was judicial review established?

1803

How many cases are filed vs. how many cases are heard every year?

About 10,000 cases are filed with the Supreme Court each year, vs. The Court may decide, with or without a full hearing, only about 100 of those cases.

What types of cases do they choose?

It accepts only those cases that generally deal with important constitutional or national questions.

What happens if the case is not chosen?

If the Supreme Court refuses to review a case, the decision of the lower court remains in effect.

What does it mean that cases may be remanded?

To return an appealed case to a lower court for a new trial.

How are cases heard and decided?

The Supreme Court hears cases by oral and written arguments. Each side is allowed thirty minutes to present their argument and submit a written form of their argument for their judges to review.

How do they vote?

through majority vote by opinion.

How are decisions delivered?

After deliberation and voting, the Court delivers its opinion. An opinion explains the reasoning that led to the decision.

Define opinion-

A statement written by a Supreme Court justice who agrees with the majority's decision but for different reasons.

Who must follow all Supreme Court decisions?

Justices

Define Concurring opinions-

A statement written by a Supreme Court justice who agrees with the majority's decision but for different reasons.

Define Dissenting opinions-

A statement written by a Supreme Court justice who disagrees with the majority's decision.

How is the number of justices on the court determined?

The size of the Supreme Court is determined by Congress.

How many justices are there currently?

Since 1869, the number of justices has been set at nine.

How long are they appointed for?

Supreme Court justices, like other federal judges, are appointed for life

Are there any special requirements to become a justice?

There are no special requirements to be a Supreme Court justice.

There are no special requirements to be a Supreme Court justice.

Chief justice

How are the justices appointed/approved?

appointed by the president approved by the senate

What can Congress do if the Supreme Court determines a law unconstitutional?

If the Court rules that a law is unconstitutional, Congress can rewrite it to be better

How can Congress change the way the Supreme Court interprets a law?

Congress can amend the constitution

Supreme Court decisions allow the Constitution to stay current with (fill in the blank)

The demands of changing times

What do these decisions have a major impact on?

American life and society

Provide TWO examples of important Supreme Court cases

Gideon vs. wainwright, and Ro b wade

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What power does judicial review give the Supreme Court quizlet?

Judicial review is the power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution.

How does judicial review empowers the Supreme Court?

It gives the Court the power to overturn laws passed by Congress/legislative branch or actions taken by the president/executive branch.

What is judicial review and what Supreme Court case established it quizlet?

The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional.

What is the judicial review quizlet?

Judicial review refers to the power of a court to review a statute, treaty or administrative regulation for constitutionality or consistency with a a superior law.