Objective: Explain how the exercise of judicial review in conjunction with life terms can lead to debate about the legitimacy of the Supreme Court's power.
Starter: How often does the Supreme Court overturn precedents?
1. How accurate was your prediction?
2. What surprises you most about this chart?
3. Why might the Court alter a precedent?
4. Can you think of any of these precedent-changing decisions?
5. Do you think SCOTUS rulings should change with the times or reflect the original intent of the framers of the Constitution?
6. How can individuals respond if they are unhappy with a Supreme Court decision?
Review: Let's go outside before it gets too cold!
Word of the Day
Adjudicate
- Define it.
- Use it in a sentence.
- Who has original jurisdiction to adjudicate a dispute between a corporation and an independent regulatory agency?
Supreme Court Processes
Jurisdiction: Authority to hear a case
Discussion
Voting: based on precedent and judicial philosophy
- original
- appellate (Rule of Four)
- exclusive
- no formal trial/testimony to determine innocence/guilt
- cite relevant facts, legal principles, and precedents
- amicus curiae brief: issued by individuals or interest groups to influence the court
Discussion
Voting: based on precedent and judicial philosophy
- judicial restraint: use original intent (follow precedent/stare decisis)
- judicial activism: correct injustices (set precedent)
- majority opinion (at least 5 of the 9)
- concurring opinion
- dissenting opinion (no legal standing)
The Court's Role in Policymaking
- interpreting the Constitution or law
- extending the reach of a law
- designing remedies to problems
Controversial or unpopular decisions can lead to challenges to the Supreme Court's legitimacy and power which Congress and the president can address only through future appointments, legislation changing the Court's jurisdiction, or refusing to implement decisions.
Reviewing the Essay Prompts for the Next Test (still weeks away)
- How would you answer it?
- What evidence would you use?
- Which foundational documents would you expect to see associated with this question?
- Can you think of a counterargument?
- Develop an argument that explains whether the term limits for members of Congress would be beneficial or harmful.
- Develop an argument that explains whether the powers of the presidency as executed since the Great Depression have made the presidency a dangerous office.
- Develop an argument that explains whether the Supreme Court should seriously consider public opinion when making its decisions.
- Equality of opportunity is a central value in the American political system. Choose either Congress or the Supreme Court, and present an argument for why your choice is most responsible for advancing the principle of equality of opportunity in the United States.
Closer: Explain how the exercise of judicial review in conjunction with life terms can lead to debate about the legitimacy of the Supreme Court's power.
On Deck
Next Topic: Checks on the Judicial Branch
Textbook: Finish chapter 15
28th Amendment Project due Friday!
Textbook: Finish chapter 15
28th Amendment Project due Friday!