III. The Three Branches of Government
C. Judicial Branch
IN CLASS: Structure of the Courts
Assignment 1: (Due 12/3) READ in We the People, Chap. 15, “The Power of the Supreme Court” to “How Cases Reach the Supreme Court.” ANSWER the following questions in your own words. To be collected (20 points).
- Define: Judicial Review
- Identify: Supremacy Clause. How does it relate to Supreme Court power?
- Define: Common Law
- Give an example of how judges can influence law making.
- Explain the significance of the following cases:
- Brown v. Board of Education
- Engel v. Vitale
- Gideon v. Wainwright
- Miranda v. Arizona
In Class: Significant Supreme Court Decisions. Look at the attached list of Noteworthy Supreme Court Cases. Work in groups of 4 to rank the relevance of each case to current society on a scale of 1 to 5 (1 as most relevant, and 5 as least relevant). The group must come to consensus on the ranking and have reasoning for it.
In Class: The Supreme Court Procedures (WTP pp. 610-619)
- By what criteria does the Supreme Court decide which cases to hear?
- What is a writ of certiorari?
- What is the role of the following in how cases go through the federal court system:
IN CLASS: Stare Decisis in Action: The Miranda Warnings
Assignment 2: (Due 12/7) Find out the following information about the Supreme Court and bring it to class (a chart would be helpful):
- Names of all the Justices
- Current ages of all the Justices
- Years they were appointed
- Name and party of the President who appointed them
- Their ideological bent (liberal, conservative, swing vote, etc.)
IN CLASS: Analyzing the Roberts Court
IN CLASS (12-11): Judicial Activism and “Legislating from the Bench”
IN CLASS: Interpreting the Constitution
READ the attached sheet “Interpreting the Constitution.” Take notes on the following:
- Explain the two approaches described.
- List all the arguments you can think of in support of each approach.
- Which approach do you agree with?
For Homework (Due 12/14): Read the attached articles by Meese and Balkin. Using these articles and your answers above, write 1-2 pages assessing the following statement:
“The purpose of the Constitution is to set limits on the power of the government. Therefore, preserving the original intent of the Framers of the Constitution is necessary to preserve American democracy.” (30 points)
IN CLASS (12/17): Abortion, Privacy, and Originalism
IN CLASS (12/19): Mandatory Sentencing: An infringement on Judicial Prerogative?
