Day 37 - Are You an Activist or Restrained?
"Don't judge judges, unless you know the law and understand why they make the decisions that they do" - Antonin Scalia
"Don't judge judges, unless you know the law and understand why they make the decisions that they do" - Antonin Scalia
Learning Targets: Students will be able to....
- Explain the principle of judicial review and how it checks the power of other institutions and state governments.
- Explain how the exercise of judicial review in conjunction with life tenure 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.
Opener: How would you do it?
What do you think every Supreme Court justice should do, or know, prior to hearing any case? Should they be allowed to discuss cases between themselves before they've heard them?
What do you think every Supreme Court justice should do, or know, prior to hearing any case? Should they be allowed to discuss cases between themselves before they've heard them?
Activity #1: PERP - Gideon v Wainwright
Use PERP to analyze the case of Gideon v Wainwright
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-gideon-v-wainwright
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-gideon-v-wainwright
Activity #2: Supreme Court - Mock Trial Prep - Role Assignment and Process
Roles:
Activity #3: Role Prep and Product
Roles:
Attorneys for Gideon x 2
Attorneys for Wainwright x 2
Judges x 9
Court Reporters x ?
Attorneys for Wainwright x 2
Judges x 9
Court Reporters x ?
- Each attorney pair will have 10 minutes to present their case to the justices.
- This includes the time used by the judges to ask questions and make comments to each side.
- Judges will then leave the courtroom to discuss and vote.
- After they have reached a decision, judges will then each provide a paragraph (as either the majority or dissent) that explains the reason for their decision.
- Reporters will provide a brief 1-2 paragraph article that summarizes the arguments, the judges decision, and at least one quotable phrase from the attorneys and/or the judges.
Activity #3: Role Prep and Product
Close: N-50 - Judicial Activism
LD - The practice of the Supreme Court and other federal judges seeking certain types of cases in order to (re)interpret the texts of the Constitution and the laws in a way that serves the judges' own visions regarding the needs of contemporary society. This is the opposite of "Judicial Restraint", where judges hear cases and issues judgements only within the intentions and limitations of the US Constitution.
SD-Examples - Roe v. Wade, Brown v. Board of Education
Non-Examples - Gibbons v. Ogden, Plessy v. Ferguson
Related Terms - Judicial Review, Checks and Balances, Limited Government
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