Mr. Tyler's Social Studies Webpage - MR. TYLER SOCIAL STUDIES
Unit 2 Study Guide: Ch 10 The Judiciary?Date DueAssignments10/07/151. Read Chapter 10 The Judiciary pp. 322-359 Chapter 14 in 5 steps to a 5 10/07/151. Download and read the handout on judicial nominations.? 2. Go to Wikipedia and read about the Supreme Court nominations of the present justices on the Supreme Court.? Answer questions 1-610/13/151.Read Federalist No. 78 excerpts – in the American Polity book2.Read the excerpts from Brutus’s Antifederalist essays – the link is on Think Tank page3. Read p.330 – 331 the section on Marbury v. Madison in the blue textbook.4. Download and read the handout on the Warren through Rehnquist courts.5. Answer questions 7 - 1110/15/151. Read the article by David O’Brien, Storm Center, p. 321 – 325 in the Readings book2. Answer questions 12 -1610/19/151. Watch the video from NPR on Presidents and the Supreme Court?? There is also an active link on my website.2. Answer questions 17 - 21TBDSupreme Court Paper Due TBDReview for the testTBDReview for the testTest on the Judiciary?Reading Questions : Chapter 10 – The Judiciary?1.Explain what the book says about why the judicial nomination process has changed since 1985. What is a blue slip?2. Summarize the two approaches to using the Constitution to decide cases.3. Define: district court, courts of appeals, senatorial courtesy, blue slips, and litmus tests. Explain why litmus tests have grown in importance.4. The book discuses four indicators/measures of how courts have become more powerful.? Explain what these four measures are.5. What arguments does the book present in favor of and against judicial activism?6. You will need a comprehensive answer for this question.? After having read the handout on Judicial Selection and the Wikipedia articles about the nominations and confirmations of recent Supreme Court nominees, do the followinga)????? Summarize the role of politics and interest groups in judicial nominations.? b)????? Compare the confirmation battles of the justices presently on the Court.? c)????? Are there differences over time in what has happened during the confirmation battles?d)????? Are there differences in the how the nominations proceeded given the party of the president making the nomination?? Give specific examples from the nomination histories that you have read about to answer the questions. 7. After reading Hamilton’s Federalist No. 78, summarize what he says about the strength of the judiciary and the relationship between the judicial and legislative branches.? Why is it so important that the judicial branch be independent?? How is it best to maintain that independence?? You may make these notes on a separate piece of paper or as detailed margin notes.? Do whatever suits you best.8.After reading Brutus’s essays list and summarize his arguments criticizing how the judiciary is structured in the Constitution. You may make these notes on a separate piece of paper or as detailed margin notes.? Do whatever suits you best.9. Define judicial review.? Make sure you memorize the case, Marbury v. Madison, explained on page 443.10.The book discusses three main stages in the evolution of today’s Supreme Court.? Give brief generalizations that summarize the main issues of each of these three stages.11. Summarize the information on the Warren, Burger, and Rehnquist courts from the handout12.What does it mean to say that our system is a dual court system? Explain how our dual court system works.13. Look at the chart on page 346 and find a way to commit to memory the path that a case takes to get to the Supreme Court.? Define writ of certiorari and summarize when the Supreme Court is likely to grant cert.14.Summarize rules governing standing.15. Explain what a class action suit is. What are the pros and cons of having class action suits?16.As you read the O’Brien article, summarize in your own words how the Supreme Court makes policy and the relationship of the Supreme Court with public opinion.17.As you watch the video on SCOTUS v. POTUS, take notes on the history of tensions between the Supreme Court and the presidency as well as the arguments that the two law professors make in the discussion about the politicization of the Court.18.Define brief, amicus curiae, Solicitor General, per curiam opinion, opinion of the Court, concurring opinion, dissenting opinion.19.Define stare decisis. Look ahead and list 3 cases to class from the Civil Rights and Liberties chapters when the Supreme Court overturned itself. 20.What explanations does the book give for why we have activist courts?21.List and explain the checks on judicial power from both the other branches of government and public opinion.?Terms to Know?1. Judicial review21.Robert Bork40.Class action suit2. Strict constructionist 22.Antonin Scalia41.Law clerks3. Judicial activist23.Clarence Thomas42.Briefs4. Federalist No. 78, Brutus essays24.David Souter43.Amicus curiae5. Marbury v. Madison (1803)25.Ruth Bader Ginsburg44.Solicitor General6. John Marshall26.Warren Court45.per curiam opinion7. McCulloch v. Maryland (1819)27.Burger Court46.Opinion of the Court8.Gibbons v. Ogden (1824)28.Rehnquist Court47.Concurring opinion9. Dred Scott v. Sanford (1857)29.Dual Court System48.Dissenting opinion10.Roger B. Taney30.Federal-question cases49.Stare decisis11. Court packing plan31.Civil law50.Political question12.Constitutional court32.Criminal law51.Remedy13. District court33.Dual sovereignty52.Court order14. Courts of Appeals34.Writ of certiorari53.Appellate jurisdiction15. Legislative courts35.In forma pauperis54.Concurrent jurisdiction16.Senatorial courtesy36.Fee shifting55.Exclusive jurisdiction17. Blue Slips37.Plaintiff56.Original jurisdiction18. Litmus test38.Defendant??19.Gang of 1439.Standing??20.William Rehnquist????Questions and Themes???????? Original jurisdiction: 1 part a state, 2 states, ambassador???????? Appellate jurisdiction???????? Plea bargain???????? Senatorial courtesy/Blue slip – political elements of judicial nominations???????? Debates over judicial ideology: judicial activism/loose construction/moral reading of the Constitution/Living Constitution vs. Judicial restraint/originalism/textualism???????? Outline history of Supreme Court: John Marshall, Warren Court, changes today???????? Other courts with a path to the SC – when federal courts have jurisdiction???????? Rule of four, Writ of certiorari???????? Reasons for hearing a case – how the SC selects caseload???????? Role of the Solicitor General???????? How Congress can try to influence Court: budget, salaries, remove appellate jurisdiction, control number of justices on Court, approval of nominations, revise statue, amendment???????? Litigant, plaintiff, defendant???????? Standing, Class action suits???????? Dual court system – what does that mean????????? Criteria president uses in selecting nominations: party affiliation, acceptability to Senate, Judicial experience, race and sex, litmus test???????? The politics surrounding judicial nominations???????? The role of an Amicus curiae brief???????? Opinions: majority, dissenting, concurring???????? How Courts set public policy: remedies (e.g. running schools or prisons, or ordering increased funding for schools), Structural remedies???????? Reasons for a policy role for courts: level the playing field, protect against tyranny of the majority???????? Reasons against a policy role for the courts: not elected, if swayed by political or social considerations – not standard, just inserting their own opinions???????? How courts depend on the other two branches ................
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