Unit 10. Following the Supreme Court  Supreme Court Resources Supreme Court Watch (PBS News hour) Supreme Court Watch Supreme Court In Depth (PBS Video.

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Presentation transcript:

Unit 10

Following the Supreme Court  Supreme Court Resources Supreme Court Watch (PBS News hour) Supreme Court Watch Supreme Court In Depth (PBS Video series) Supreme Court In Depth Supreme Court (Official web site) Supreme Court Oyez.org Landmark Cases (PBS) Landmark Cases Landmark Cases of the Supreme Court (Street Law) Landmark Cases of the Supreme Court Supreme Court Cases that changed America (CNN slide) Supreme Court Cases that changed America

The Supreme Court

10.1 Constitutional Basics Article III  Judicial Power: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”  Life Tenure: “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”  Jurisdiction: …In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction. In all the other Cases…the supreme Court shall have appellate Jurisdiction…

10.1 Basics Judicial Review  The chief “weapon” of the Court  Marbury v. Madison…  Hamilton, Federalist No. 78 The Court has “neither the power of the sword nor the power of the purse” “the interpretation of the law is the proper and peculiar province of the courts”

 John Roberts (2005)…………......Bush  Samuel Alito (2006)…………......Bush  Sonia Sotomayor (2009)………...…..Obama  Elena Kagan (2010)…. …………Obama 10.1 Basics Appointment

10.1 Basics Interpreting the Constitution  Strict Construction v. Loose Construction Original Intent (originalism) Judicial Restraint Conservative (Republican) Living Document Judicial Activism Liberal (Democrat)

10.1 CASE STUDY The Court Changes its Mind

10. 2 Historical Development

10.3 Organization & Jurisdiction Three tiers of the federal courts  Petitioners v. Respondents

10.3 Organization & Jurisdiction

 Original v. Appellate Jurisdiction  …In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction. In all the other Cases…the supreme Court shall have appellate Jurisdiction…

 Cert Rule of Four  Standing  Resources 10.3 Organization & Jurisdiction Getting to Court

10.4 The Court as a policy maker

10.5 Restraints on the Court  Checks & Balances Appointment and confirmation  Appellate Jurisdiction  No enforcement powers

10.6 Politics & the Court  Is the Court Immune from Politics?  Roosevelt’s court packing scheme 15:00) Roosevelt’s court packing scheme

10.6 Politics & the Court Ideology

10.6 Politics & the Court Bush v. Gore

10.6 CASE STUDY Politics of Appointment  Original Intent

 “Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters., rogue police could break down citizen’s doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of Government.”Robert Bork’s America -Senator Edward Kennedy 10.6 CASE STUDY Politics of Appointment

Alito Confirmation Hearing 10.6 CASE STUDY Politics of Appointment

10.7 The Court & Public Opinion

 What is the role of the courts in our democracy?

Case Study