United states government Wednesday, December 13, 2017
Warm-Up Choose one of the landmark Supreme Court cases that we discussed last week. Write a concurrence or a dissent to the Court’s decision in that case. A concurrence agrees with the Court’s decision, but offers a different/alternate justification. A dissent disagrees with the Court’s decision, and explains the reason(s) for the disagreement.
Schedule Adjustment Today: Last set of notes for Unit 4 (Judicial Philosophies) Tomorrow: Unit 4 Review Friday: Mastery Check #6; Mock Supreme Court Project Day 1
The U.S. Supreme Court: Philosophies
3 2 1 Federal Court System “Appellate Jurisdiction” “Original Jurisdiction”
Principles of Supreme Court Jurisprudence (Philosophies of Legal Reasoning) 1) Textualism – All judges will first look for a clear answer to a legal question in the text of the document in question For the Supreme Court, the relevant text is often the Constitution What other texts might they use? 2) If there is no clear answer in the text, Supreme Court justices will follow one of these philosophies in attempting to find the “right” answer:
A) Originalism: Attempting to discern the original intent of the founders
B) Living Constitution: Attempting to adapt the principles in the Constitution to current social and political conditions
Another Important Principle: Stare Decisis Whenever possible, the justices adhere to the principle of “what is already decided” If a the Court has already decided a particular legal question, that question is generally considered to be decided for all time But at times the Court will depart from this principle See: Plessy v. Ferguson (1896); Brown v. Board of Education (1954)
Judicial Restraint Deciding cases on the narrowest possible basis; Leaving as much to the political process as possible Virtually all judges will claim to follow this philosophy; They will often accuse judges from different political camps of exercising:
Judicial Activism Using judicial decisions to advance a particular political agenda; Sometimes referred to as, “legislating from the bench”
The Supreme Court and Public Opinion The framers intended the Supreme Court to be insulated from public opinion Why? How? Historically, however, the Court has rarely strayed too far from mainstream political views Who appoints and confirms Supreme Court justices? Who do Supreme Court justices interact with in their daily lives? Who enforces Supreme Court decisions?
Exit Ticket: Practice MCQ What principle of legal reasoning states that when an issue has been decided by a court, that decision should generally stand for all time? A) Writ of Certiorari B) Stare Decisis C) Judicial Restraint D) Textualism
Friday: Mastery Check #6 (Last one of the semester!) Content The Judicial Branch: The Federal Courts System Federal Attorneys and Judges Types of Law; Federal Law vs. State Law The Supreme Court: History The Supreme Court: Principles and Procedures The Supreme Court: Philosophies Format Section 1: Multiple Choice 5 Questions; 1 Point each Section 2: Formal Argument (ARE Paragraph) 5 Points ARE Question In general, should the U.S. Supreme Court employ an Originalist approach or a Living Constitution approach when deciding cases that impact American’s rights?
Homework Begin Preparing for the Quiz!! Organize your Notes Bring questions to class tomorrow