Day 32 - The US Court System

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: Unprecedented times indeed!  Watch.

Activity #1:  Document Analysis - ASAP & Questions


ASAP +

Passage from Federalist #78, Written by Alexander Hamilton, 1788

"the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution . . . The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; [it] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." 

"For there is no liberty, if the power of judging be not separated from the executive and legislative powers."

Questions:

1. Why does Hamilton view the court as "least dangerous" of the three branches?
2. Is a president obligated to enforce the court's decision or can the president simply ignore it?  Explain.
3. To what extent can we trust 9 unelected people serving lifetime appointments to make the final decisions (judicial review) that shape our entire society?

Activity #2:  Supreme Court Introduction - Mini-lecture review
Make sure and review the slides from our mini-lectures from earlier in the year.  Pay particular attention to slides 6-10.  You may also want to watch the short videos linked below as well.

https://docs.google.com/presentation/d/1p4pTZVd4ftvV32RHw-Yi0w8PEKT_vUnfk0yaC5XAip0/edit?usp=sharing

 


Close:  3 words only:  

Choose 3 words that you would use to describe the US court system.  Keep in mind the structure of the court system, the differences between criminal and civil courts, and the rights of the accused.