1. Bell Ringer
Which SCOTUS decision covered so far was the most interesting or personally relevant to you? Why?

2. Judicial Philosophy: Restraint vs. Activism

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

4. 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

5. 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

6. “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”

7. 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

8. 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

9. 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)
politic/

10. 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

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

12. “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)