Bell Ringer 11-29-17 Which SCOTUS decision covered so far was the most interesting or personally relevant to you? Why?

Judicial Philosophy: Restraint vs. Activism

Judicial Decision Making SCOTUS decisions have many possible influences Political ideology, public opinion, personal moral standards, President, Congress… And probably most influencial- HISTORY!

Make decisions based on changing societal views Judicial Activism Make decisions based on changing societal views Reinterpretation of Constitution to use when judging modern dilemas Promoting social justice and individual rights

Time frame- 1950’s-1970’s The “Warren Courts”- led by C.J. Earl Warren and later Warren Burger Civil Rights Era- Brown to Miranda SCOTUS as instrument of law Decisions carry the weight of law, enforcable by President Judicial Activism

“Legislating from the bench” Too powerful and hard to overturn Judicial Activism “Legislating from the bench” Too powerful and hard to overturn Plessy v Ferguson (1856) “Separate but Equal” Brown v Board of Education (1954) Desegregration Brown v Board II (1955)- States MUST desegregate schools with “all deliberate speed”

Wickard v Filburn (1942) Can go too far Precedent set by Gibbons v Ogden (1824) Art. I Sec. 8- Commerce Clause “Congress has the power to regulate commerce” Filburn produced too much wheat- for his personal use SCOTUS decision- even if an activity is local and not regarded as commerce, "it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.'" If everyone produced their own wheat, that affects commerce because there would be no commerce

Decision made closest to intent of law, Constitution Judicial Restraint Decision made closest to intent of law, Constitution Decisions set precedent- New decisions must closely follow precendent Deferment of policy actions to other branches Marbury v Madison

Time Frame- 1980’s- 1990’s with the Rehnquist Court Judicial Restraint Time Frame- 1980’s- 1990’s with the Rehnquist Court Gibbons v Ogden (1824) Planned Parenthood v Casey (1992) http://projects.oyez.org/body- politic/

Judicial Restraint vs Activism Decisions based on changing social views and issues Promote new social policy Overturns precedent Earl Warren and Warren Burger Court of the 60’s and 70’s(Civil Rights) Roe v Wade “Legislating from the bench” Defer action to other branches to deal with Marbury v. Madison Original intent of law and set precedent Gibbons v Ogden- Const. grants Congress power to regulate commerce Rehnquist courts of 80’s Both interpret laws and make decisions on cases

Judicial Philosophy is not Political ideology Restraint is not Conservative Activism is not liberal

“Close up on the Supreme Court” Choose one court case on the Supreme Court on pages 59, 109, 559, 589. Write the Case name at the top (remember to underline). Answer the “Decide for Yourself” section #2 and #3. Write actual SCOTUS decision in one sentence. (Extra brownie points if you chose and complete case on p109)