1. Unit 3 – Law & Order Day 2: Interpreting the Constitution
Objectives:
I can give an example of an important legal precedent
I can describe the criteria of good laws
WARM UP:
What are the differences between good laws and bad ones?
Take Out:
Judicial Branch in a flash reading and worksheet

2. Unit 2B – The Executive & Judicial Branches Day 5: Supreme Court & Judicial Review
Essential Question:
How do courts defend and interpret the constitution?

3. Article 3-Judicial Branch

4. Powers of Supreme Court
Judicial Review - Can declare laws of Congress unconstitutional
Case of Marbury v Madison gives it that right

5. The Supreme Court 9 Justices (1 Chief Justice; 8 associate justices)
Lifetime terms
appointed by President; confirmed by Senate
Legal training NOT required by constitution

6. Majority & Minority Opinions
Minority / Dissenting
At least 5 justices
Legally binding
Sets court precedent
Concurring
Agrees with majority opinion but for different reasons
1-4 justices
Explains basis for disagreement with Majority opinion
Sometimes leads to cases being re-considered later:
Plessy v. Ferguson was overturned by Brown v. Board

7. Interpreting the Constitution
Strict Construction
The constitution means exactly what it says
We must limit government power
Laws that go beyond what the constitution says are unconstitutional
Examples of Strict construction
No right to privacy
Constitution does not mention privacy
No affirmative action
Would be discrimination against white people

8. Interpreting the Constitution
Examples of Living Document Approach
Slavery ok in 1789; not today
Segregation legal under 14th Amendment in 1896; not in 1954
Often used to extend new rights to minority groups
Allows the court to change its mind
Living Document
Constitution must be interpreted in the context of today’s world
Elastic clause allows the constitution to evolve over time

9. Precedents Supreme Court opinions MUST Be followed by all other courts
Be enforced by the Executive branch
Be respected by Congress

10. Stare Decisis Stare Decisis – “let it stand”
Idea that once the court has ruled, the ruling is considered “settled law”
Courts don’t need to re-examine the same legal question after the Supreme Court has ruled

11. The Impartial Judiciary??
Judges are supposed to be non-partisan
Job is to interpret the law, not make it
BUT: presidents pick justices who share their views on the constitution
Republicans tend to favor strict construction
Democrats tend to favor the living document approach

12. Politics of the Court Current Court:
5 appointed by Republican Presidents
(2 by G.W. Bush, 1 by G.H.W. Bush, 2 by Reagan)
4 appointed by Democratic Presidents
(2 by Obama, 2 by Clinton)
Obama’s re-election is key to the future of the court
If re-elected, Obama will likely make 1 and possibly as many as 3 nominations to the Court