1. 7-4: Supreme Court Decisions

2. Big Idea: Constitutionalism
Enduring Understanding:
The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.
Learning Objectives:
Explain how the exercise of judicial review in conjunction with life terms can lead to debate about the legitimacy of the Supreme Court’s power.
Explain how other branches in the government can limit the Supreme Court’s power.

3. Judicial Philosophy Judicial Restraint Judicial Activism
Favor precedent, “original intent”
Defer to elected institutions
Unlikely to overturn Congress
National Federation of Independent Business v. Sebelius (Obamacare ruling)
Judicial Activism
Role of the courts to correct injustices
Courts are the last resort for those without power
Coincides with making bold policy decisions
Brown v. Board of Education

4. Role of Public Opinion
Supreme Court insulated from direct political pressures
Life terms
Salaries cannot be reduced
Certiorari process—choose its caseload
limited public access
Awareness of Public Opinion
Appointment and confirmation process
Constitutional amendments
Evading or ignoring rulings
Changing appellate jurisdiction
Revising legislation
Altering number of judges

5. Role in Policymaking Policy enacted by…
Interpreting the Constitution or laws
Extending the reach of a law
Designing remedies to problems
Judicial branch has no enforcement mechanism
Attorney General and the Department of Justice (executive branch)