To argue for or against Landmark Supreme Court

To argue for or against “Landmark Supreme Court Decisions” Do Now: Take your laptop. Download the Supreme Court PPT. Complete the DO NOW on slide 2 in complete sentences in your notebook.

Do Now • • “Although most of the Framers of the Constitution anticipated that the Federal judiciary would be the weakest branch of Government, the U. S. Supreme Court has come to wield enormous power with decisions that have reached into the lives of every citizen and resolved some of the most dramatic confrontations in U. S. history. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law. The power of the Supreme Court has evolved over time, through a series of milestone court cases. One of the Court’s most fundamental powers is judicial review – the power to judge the constitutionality of any act or law of the executive or legislative branch. Some of the Framers expected the Supreme Court to take on the role of determining the constitutionality of Congress’s laws, but the Constitution did not explicitly assign it to the Court. Marbury v. Madison, the 1803 landmark Supreme Court case, established the power of judicial review. From the modest claim of William Marbury, who sought a lowpaying appointment as a District of Columbia Justice of the Peace, emerged a Supreme Court decision that established one of the cornerstones of the American constitutional system. ” ~ archives. gov 1. What is one of the Supreme Court’s most fundamental powers? 2. Define “judicial review”? 3. What landmark Supreme Court case in 1803 established the power of judicial 2 review?

Major Supreme Court Decisions

Major Supreme Court Decisions 4

Constitutional Rights • Declaration of Independence introduced the fundamental rights provided by the Constitution • Right to life, liberty, and the pursuit of happiness • Framers saw the government as unfinished and believed that rights would evolve over time • Who possessed these rights— were they absolute, unlimited, and guaranteed in all cases? 5

Constitutional Rights (continued) • Constitution is a “living document” -- adaptable to the times • Supreme Court defines the meaning of the Constitution • Boundaries within the government and between government and the people help safeguard the people’s rights • The court’s rulings often reflect the times and are subject to change 6

The Supreme Court: The Early Years • Origins in the Constitution • Judiciary Act of 1789 • Early years saw little participation, activity, or interest • First major case was quickly overturned • Hearing cases in circuit courts (“riding circuit”) both physically demanding and ethically questionable John Jay, the first chief justice of the Supreme Court 7

The Supreme Court: The Early Years (continued) • Supreme Court viewed as “least dangerous branch” of government • Major political parties: Federalists and Democratic. Republicans • Each party wanted to take the country in a different direction • 1801: President Adams appoints John Marshall Chief Justice Thomas Jefferson John Adams 8

The Supreme Court: The Early Years (continued) • Partisanship dominated politics • To extend Federalist influence, President Adams appointed “midnight judges” • Marbury v. Madison (1803) • The Supreme Court is an appellate court Federalists and Democratic-Republicans brawl in the House of Representatives, 1798 9

The Supreme Court: The Early Years (continued) • Marshall’s ruling originated the doctrine of judicial review • Only the court has the power to declare acts of Congress and the president unconstitutional John Marshall 10

The Importance of Judicial Review • Confirms the Framers’ intention to create three separate and independent branches of government • Judicial review established the court’s unique ability to interpret the Constitution • The interpretation may change with the times, as the court makes decisions on a case-by-case basis 11

Task 1. Go to the Landmark Supreme Court Decisions website. Briefly look over some the decisions which may interestsyou and pick 1. 2. Explore the website and all background information for your case. Answer all questions in your notebook in complete sentences. 3. Decide which constitutional amendment or principle your Court Case is Addressing. 4. You will write an argumentative essay, agreeing or disagreeing with the courts decision based on the principles set forth in the U. S. Constitution. 12

Essay Steps • Introduction: Historical Background of the Court Case. Include names, dates, and the court decision. In your thesis, state your opinion about the decision and why you agree or disagree. • Body 1: Your Claim. This is where you go into detail about your opinion using textual evidence from the court case and the constitution. • Body 2/3: State the Counterclaim. What is the opposing viewpoint to yours? Now you must Refute the Counterclaim / Prove it wrong with evidence from the text. • Conclusion: Restate your thesis, discuss the importance of the case and why reinforce your claim and position. 13