Judicial philosophy: Is The Constitution A Living Or Dead Document? LINK:
AGENDA February 11/12, 2014 Today’s topics Judicial philosophy: Is The Constitution A Living Or Dead Document? U.S. Supreme Court Justices research Process of becoming a federal judge Criminal Law vs. Civil Law Homework Chapters 19+20: Read + Glossary terms (due Feb 13/14)
Learning Goals Unit 5 Guide Describe and evaluate the following judicial philosophies: What judicial philosophy do you want in a Supreme Court Justice? Why? What is the current composition of the U.S. Supreme Court? Do Supreme Court Justices (and other federal judges) represent us? Should they? Why/why not? What is the process for becoming a federal judge? Is this a good way to choose judges? Why/why not? o Originalism o Textualism o Living Constitution o Judicial Activism o Judicial Restraint
On your Unit 5 Guide: What judicial philosophy do you want in a Supreme Court Justice? Why? (at least 2-3 complete sentences)
Who’s your favorite Justice of the U.S. Supreme Court?
Process of becoming a federal judge PRESIDENT nominates After consulting home-state Senators, political parties, interest groups, etc. U.S. SENATE Judiciary Committee Holds confirmation hearings, then votes U.S. SENATE full Senate Floor debate, then votes for/against confirmation The president “…shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court…” -- Article 2, Section 2, Clause 2
Famous Confirmation Hearings
Civil Law vs. Criminal Law CIVIL LAW: Regulates relations between private individuals May be enforced in a civil action by a private party
Civil Law vs. Criminal Law CRIMINAL LAW: Regulates public conduct Government brings legal action against a person & imposes a penalty
Civil Law vs. Criminal Law Sometimes the same act can be tried as both a civil and criminal case. Criminal cases require a higher standard of evidence for conviction than civil cases because the penalties are more severe. +
Homework Before you leave Pick up your belongings Straighten desks Homework Chapters 19+20: Read + Glossary terms (due Feb 13/14)