1. The Power of the Supreme Court Part One: Public Policy & Judicial Philosophy

2. Shaping Public Policy The justices must interpret the Constitution in regards to the issue They must decide what the language means of an act In a way, justices are “making” law when deciding how it applies to actions (not addressed by Congress) Ex…

3. What is the most powerful policy tool? Tools: Judicial review: since has invalidated over 200 federal laws and over 1000 state & local! -can change the path of a nation (Dred Scott v. Sanford) -can springboard civil rights (Brown v. Board)

4. Shaping Public Policy Interpretation of laws (discussed) Overturning decisions: stare decisis, setting a precedent for other cases The law is flexible and adapts! Appointment: justices philosophy similar to Prez. 25% “stray”: Warren, Brennan, Souter Stare Decisis destructus?

5. Judicial Philosophy Early days, argument was about strict construction vs. loose construction Today it is on activism or restraint! Judicial activism: the courts create new legislation Proponents say the court should play a role in shaping national policies and apply to social issues

6. Judicial Philosophy Protection is justices job! (Ex: look at how long it took to overturn separate, but equal!) Court needs to be watchdog -striking down death penalty cases for mentally retarded -striking down TX law that banned flag burning - Texas v. Johnson (1988)

7. Judicial Philosophy Judicial restraint: courts should avoid taking the initiative on social & political questions Wishes of reps. a high priority Belief in founders intent

8. Judicial Restraint Want to leave the development of new policies to others (2 branches & states) Not responsibility (areas like affirmative action, state law) Facilitate, don’t interfere ex. Courts ruled ag. Constitutional right of assisted suicide Dred Scott v. Sanford Nurse, let me die! (This has also become an issue of federalism!)

9. What about the debate on weed, I mean, “medicine”? What if an Act somewhat violates FEDERAL law? Should the court STILL not get involved?

10. Paired Reading: Themed Collection Reading: Judicial Review End of Part 1

11. Part Two: Trends in the Court

12. Which justice most greatly affected policies of SC? John Marshall: credit for setting the course of the young SC Ruled that Judiciary Act was unconstitutional Judicial review est.

13. Justices effecting public policy Roger B. Taney (1836-1864) Dred Scott decision set the course for Civil War Court also established the right of prez to take away civil liberties in emergency (habeas corpus) Respect the “States’ rights”!

14. The importance of these two justice’s decisions: Marshall and Taney: Hippocampus Marshall and Taney: Hippocampus

15. Justices effecting public policy Economic issues: (late 1800’s) Prior to 1937 liberals complained of cons. court being too activist! Industrial- progressive eras Trust-busting,child labor, women’s rights (court had struck down) FDR responds with Court-packing attempt in 1938 (NOT OK) Courts start accepting ND policies

16. FDR’s “Fireside chat” to explain court packing Whip around: I will call on one row… What was the crisis argued in FDR’s court-packing attempt?

17. What other court advances liberal ideology? (Hint: 50’s) Earl Warren CourtEarl Warren Court: 1953-1969 Overturns separate but equal, expands rights of accused, civil rights & liberties Now cons. begin to complain that liberal court is too active! Warren Burger also activist, but less…

18. CJ Earl Warren:

19. Justices effecting public policy William Rehnquist: 1986 - 2005 Was the most cons. court in US history! Reversed some of the earlier Warren & Burger decis. Accused of being too activist, by liberals!

20. Sandra Day O’Conner First female Supreme Court Justice

21. What has been the direction of modern Court? Under Clinton, some of the conservatism was reversed Appointment of Ruth Ginsberg & Stephen Beyer Turn towards center “conservative activism”? i.e. overturning CA Prop 215 & Bush v. Gore 2000 GW Bush/Obama appointees

22. Newer Justices: Under Bush: Under Obama: John Roberts Samuel Alito Elena KaganSandra Sotomayor

23. In the news: Reverse Discrimination. What is it?