Agenda NVC Warm-up review Trustee v Delegate Lecture: the Supreme Court Objectives How does the Judicial Branch work? How does it Check and Balance the other branches?

Warm-up review What differences in responsibility are there between the house and senate? (What special responsibilities does the House have? What special responsibilities does the Senate have?)

Trustee v Delegate Trustee Elected representative uses independent judgement Own opinions Delegate Elected representative depends on views and wishes of constituents Constituent’s opinions

Appeals If you are not happy with how your court case wound up, you can appeal Appeals move up the Judicial ladder

The Supreme Court- the top of the ladder

The Supreme Court [Check] Judicial review: established in the Case Marbury v Madison, Judicial Review allows the supreme court to say a law is unconstitutional [Balance] Judges are appointed for life

The Supreme Court Amicus Curiae, Friend of the court briefings The Supreme Court choose what cases it will hear. It often has thousands to choose from, but can only hear about 100 cases a year

Harper v. Virginia Board of Elections The Supreme Court declared the Virginia poll tax law unconstitutional. By making it more difficult for poor people to vote, the state was violating the 14 th Amendment guarantee of equal protection. Voting is a fundamental right, and should remain accessible to all citizens. The amount of wealth someone has should have no bearing on their ability to vote freely.

Judicial Restraint "The Constitution is not an empty bottle....It is like a statute, and the meaning doesn't change.“ – Justice Antonin Scalia Judges limit their own power, and try to leave decisions to the legislature. Hesitate to strike down laws Judicial Activism "We are under a Constitution, but the Constitution is what the judges say it is.“ – Former Justice Charles Evans Hughes Judges more willing to extend their power, consider their own opinions and political views, strike down laws

Judicial Restraint "The Constitution is not an empty bottle....It is like a statute, and the meaning doesn't change.“ – Justice Antonin Scalia Judges limit their own power, and try to leave decisions to the legislature. Hesitate to strike down laws Judicial Activism "We are under a Constitution, but the Constitution is what the judges say it is.“ – Former Justice Charles Evans Hughes

As of now, same-sex marriages are legal in thirty-six states, as a result of state laws, voter-approved ballot measures, and federal and state court rulings. Describe two decisions the court could make, one true to judicial activism, one true to judicial restraint