Congress and the Courts AP U.S. Government and Politics Unit 5

Selecting Supreme Court Justices Discuss the effect each of the following can have on the judicial appointment process: the President the Senate the media interest groups ideology How do you feel about some of the proposed reforms to the appointment process? Explain. Do you believe the judicial appointment process, as it is practiced today, still reflects the intentions of the Founders (as stated in Federalist No. 78) to create a relatively weak yet independent judicial branch? Explain why or why not.

United States Supreme Court

Justices of the U.S. Supreme Court JOHN G. ROBERTS Chief Justice (2005) 17th Chief Justice appointed to Court (as Chief Justice) by GW Bush born 1955 Catholic moderate conservative

Significant Chiefs Justice Roger Taney John Jay John Marshall William Taft

Significant Chiefs Justice Earl Warren Warren Burger William Rehnquist

Justices of the U.S. Supreme Court ANTONIN SCALIA Justice (1986) appointed to Court by Reagan born 1936 Catholic moderate conservative

Justices of the U.S. Supreme Court ANTHONY KENNEDY Justice (1988) appointed to Court by Reagan born 1936 Catholic moderate (“swing vote”)

Justices of the U.S. Supreme Court CLARENCE THOMAS Justice (1991) appointed to Court by GHW Bush born 1948 Catholic second African American justice moderate conservative (strict constructionist)

Justices of the U.S. Supreme Court RUTH BADER GINSBURG Justice (1993) appointed to Court by Clinton born 1933 Jewish second female justice moderate liberal

Justices of the U.S. Supreme Court STEPHEN BREYER Justice (1994) appointed to Court by Clinton born 1938 Jewish moderate liberal

Justices of the U.S. Supreme Court SAMUEL ALITO Justice (2006) appointed to Court by GW Bush born 1950 Catholic moderate conservative

Justices of the U.S. Supreme Court SONIA SOTOMAYOR Justice (2009) appointed to Court by Obama born 1954 Catholic first Hispanic, third female justice moderate liberal

Justices of the U.S. Supreme Court ELENA KAGAN Justice (2010) appointed to Court by Obama born 1960 Jewish fourth female justice moderate liberal

Ideology and the Supreme Court “Liberal” “Conservative”

Historic Justices Thurgood Marshall Sandra Day O’Connor

Judicial Activism or Judicial Restraint? Judges should use the literal meaning of the words of the Constitution. They should consider only the plain meaning of the words or what they believe the words meant at the time the Constitution was written. Judges should consider the perspective of history. They should consider the Founders’ intent but must also consider the realities of contemporary society. Judges should shape policy if necessary. They should consider contemporary (current) social values in interpreting the Constitution and do so in terms of today’s policy needs. Judges should use the intentions of the Framers. They should consider the philosophy and intent of the Framers, using The Federalist essays and Madison’s and others’ notes from the Constitutional Convention as sources.