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Judicial philosophy: Is The Constitution A Living Or Dead Document? LINK:

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1 Judicial philosophy: Is The Constitution A Living Or Dead Document? LINK:

2 AGENDA February 11/12, 2014 Today’s topics  Judicial philosophy: Is The Constitution A Living Or Dead Document?  U.S. Supreme Court Justices research  Process of becoming a federal judge  Criminal Law vs. Civil Law Homework  Chapters 19+20: Read + Glossary terms (due Feb 13/14)

3 Learning Goals Unit 5 Guide Describe and evaluate the following judicial philosophies: What judicial philosophy do you want in a Supreme Court Justice? Why? What is the current composition of the U.S. Supreme Court? Do Supreme Court Justices (and other federal judges) represent us? Should they? Why/why not? What is the process for becoming a federal judge? Is this a good way to choose judges? Why/why not? o Originalism o Textualism o Living Constitution o Judicial Activism o Judicial Restraint

4 On your Unit 5 Guide: What judicial philosophy do you want in a Supreme Court Justice? Why? (at least 2-3 complete sentences)

5 Who’s your favorite Justice of the U.S. Supreme Court?

6 Process of becoming a federal judge PRESIDENT nominates After consulting home-state Senators, political parties, interest groups, etc. U.S. SENATE Judiciary Committee Holds confirmation hearings, then votes U.S. SENATE full Senate Floor debate, then votes for/against confirmation The president “…shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court…” -- Article 2, Section 2, Clause 2

7 Famous Confirmation Hearings

8 Civil Law vs. Criminal Law CIVIL LAW:  Regulates relations between private individuals  May be enforced in a civil action by a private party

9 Civil Law vs. Criminal Law CRIMINAL LAW:  Regulates public conduct  Government brings legal action against a person & imposes a penalty

10 Civil Law vs. Criminal Law  Sometimes the same act can be tried as both a civil and criminal case.  Criminal cases require a higher standard of evidence for conviction than civil cases because the penalties are more severe. +

11 Homework Before you leave  Pick up your belongings  Straighten desks Homework  Chapters 19+20: Read + Glossary terms (due Feb 13/14)


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