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Checks on…
Checks by…
The legislature The executive The judiciary
The legislature • Amend/delay/reject
legislation
• Overr...
Enquiry Question: What judicial power does the
Supreme Court have and how has it been used?
Learning Objectives
• To explain how powerful the Supreme Court is
• To understand the concepts of judicial
activism and j...
Check By Example
Impeachment, trial, conviction,
removal from office
Legislature
Propose constitutional amendments Legisla...
What checks exist on the US Supreme Court?
15 marks = 15 minutes
Thinking Points
How much real power does the
Supreme Court have?
• What checks exist on the
power of the Supreme Court?
• ...
Learning Objectives
• To explain how powerful the Supreme Court is
• To understand the concepts of judicial
activism and j...
Civil Liberties
Pause For Thought
“Rights and freedoms that provide an
individual specific rights. Civil liberties
include...
Protection of Civil Liberties in
Landmark Cases
Question 1
The Dred Scott decision on the issue of slavery
upheld the Southern viewpoint that
a) the power of the Supreme ...
Question 2
The significance of the Supreme Court case
Marbury v. Madison is that the decision
a) advanced civil rights for...
Question 3
"Separate educational facilities are inherently
unequal." -Brown v. Board of Education
The effect of this Supre...
Question 4
The decision of the United States Supreme Court in
Marbury v. Madison (1803) established the power
of the
a) Ho...
Question 5
The Supreme Court decision in Roe v. Wade
(1973) was based on the constitutional principle
of
a) protection of ...
Question 6
The Supreme Court decision in Roe v. Wade
(1973) was based on the constitutional principle
of
a) protection of ...
Question 7
Which headline illustrates the use of judicial
review?
a) “Congress Passes a Civil Rights Bill”
b) “Conference ...
Protection of Civil Liberties in
Landmark Cases
Question 1
The Dred Scott decision on the
issue of slavery upheld the
Southern viewpoint that
a) the power of the Supreme
...
Question 2
The significance of the
Supreme Court case
Marbury v. Madison is that
the decision
a) advanced civil rights for...
Question 3
"Separate educational facilities
are inherently unequal." -
Brown v. Board of Education
The effect of this Supr...
Question 4
The decision of the United States Supreme Court in
Marbury v. Madison (1803) established the power of
the
a) Ho...
Question 5
The Supreme Court decision in Roe v. Wade (1973)
was based on the constitutional principle of
a) protection of ...
Question 6
In Plessy v. Ferguson (1896), the Supreme Court
ruled that
a) states may not secede from the Union
b) racial se...
Question 6
Which headline illustrates the use of judicial review?
a) “Congress Passes a Civil Rights Bill”
b) “Conference ...
Case Civil Liberty Did the Supreme
Court protect the
civil liberty?
Dred Scott v. Sandford (1857)
Ableman v. Booth (1859)
...
“A judicial body whose decisions are of major
political importance.” Assess this comment
on the US Supreme Court.
45 marks...
“The U.S. Supreme Court can be thought of as
the last word in both legislative and policy
disputes. As the highest court i...
What sort of counter argument could you use?
You have 3 minutes to discuss with the person
next to you.
BUT…examiners like...
Homework
Revision
Revise for Exam Question and End of Topic Test
Exam Question
Construct a one paragraph counter argument ...
What Judicial Power does the Supreme Court have and how has it been used?
What Judicial Power does the Supreme Court have and how has it been used?
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What Judicial Power does the Supreme Court have and how has it been used?

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A PowerPoint aiding the understanding of the concepts of judicial activism and judicial restraint

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What Judicial Power does the Supreme Court have and how has it been used?

  1. 1. Checks on… Checks by… The legislature The executive The judiciary The legislature • Amend/delay/reject legislation • Override president’s veto • Power of the purse • Declare war • Ratify treaties (Senate) • Investigation • Impeachment, trial, conviction and removal from office • Impeachment, trial, conviction, removal from office • Propose constitutional amendments • Issue new legislation to overturn rulings The executive • Recommend legislation • Veto legislation • Appointment of judges • Pardon The judiciary • Judicial Review • Judicial Review How much can you remember? Checks on… Checks by… The legislature The executive The judiciary The legislature The executive The judiciary YOUR TASK: Complete the table to the best of your ability identifying the checks and balances in the US political system.
  2. 2. Enquiry Question: What judicial power does the Supreme Court have and how has it been used?
  3. 3. Learning Objectives • To explain how powerful the Supreme Court is • To understand the concepts of judicial activism and judicial restraint, how they are applied and the significance for US society • To analyse of whether the use of judicial power advances or undermines the principles embodied in the constitution.
  4. 4. Check By Example Impeachment, trial, conviction, removal from office Legislature Propose constitutional amendments Legislature Issue new legislation to overturn rulings Legislature Appointment of judges Executive Pardon Executive
  5. 5. What checks exist on the US Supreme Court? 15 marks = 15 minutes
  6. 6. Thinking Points How much real power does the Supreme Court have? • What checks exist on the power of the Supreme Court? • Are these checks effective? • How much power does the Supreme Court have in theory? • Is this different to the reality?
  7. 7. Learning Objectives • To explain how powerful the Supreme Court is • To understand the concepts of judicial activism and judicial restraint, how they are applied and the significance for US society • To analyse of whether the use of judicial power advances or undermines the principles embodied in the constitution.
  8. 8. Civil Liberties Pause For Thought “Rights and freedoms that provide an individual specific rights. Civil liberties include the rights of people, freedom of religion, and freedom of speech, and additionally, the right to due process, to a trial, to own property, and to privacy.”
  9. 9. Protection of Civil Liberties in Landmark Cases
  10. 10. Question 1 The Dred Scott decision on the issue of slavery upheld the Southern viewpoint that a) the power of the Supreme Court does not extend to cases of race b) Congress could not pass a law depriving territorial residents of their property c) a national vote should be held to decide the legality of slavery d) the economic well-being of the western states depended on slave labor
  11. 11. Question 2 The significance of the Supreme Court case Marbury v. Madison is that the decision a) advanced civil rights for minorities b) upheld the constitutionality of a national bank c) limited Presidential control of foreign policy d) established the power of judicial review
  12. 12. Question 3 "Separate educational facilities are inherently unequal." -Brown v. Board of Education The effect of this Supreme Court ruling was to a) establish affirmative action programs in higher education b) require the integration of public schools c) desegregate the armed forces and the military academies d) force states to spend an equal amount on each public school student
  13. 13. Question 4 The decision of the United States Supreme Court in Marbury v. Madison (1803) established the power of the a) House of Representatives to impeach the president b) Congress to override a presidential veto c) president to veto congressional legislation d) Supreme Court to determine the constitutionality of laws
  14. 14. Question 5 The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle of a) protection of property rights b) freedom of speech c) right to privacy d) freedom of religion
  15. 15. Question 6 The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle of a) protection of property rights b) freedom of speech c) right to privacy d) freedom of religion
  16. 16. Question 7 Which headline illustrates the use of judicial review? a) “Congress Passes a Civil Rights Bill” b) “Conference Committee Meets to Finalize Budget” c) “New York State’s Reapportionment Plan Ruled Unconstitutional” d) “President Signs SALT Agreement with Russia”
  17. 17. Protection of Civil Liberties in Landmark Cases
  18. 18. Question 1 The Dred Scott decision on the issue of slavery upheld the Southern viewpoint that a) the power of the Supreme Court does not extend to cases of race b) Congress could not pass a law depriving territorial residents of their property c) a national vote should be held to decide the legality of slavery d) the economic well-being of the western states depended on slave labor The Supreme Court ruled in Dred Scott v. Sanford (1857) that blacks were not citizens and that slaves were property and could be taken anywhere, regardless of a state’s status as free or slave holding. This also served to declare the Missouri Compromise unconstitutional due to its establishment of free/slave state borders. This decision was ultimately nullified by the passage of the 13th amendment feeing the slaves and the 14th amendment establishing citizenship and equal protection under the law.
  19. 19. Question 2 The significance of the Supreme Court case Marbury v. Madison is that the decision a) advanced civil rights for minorities b) upheld the constitutionality of a national bank c) limited Presidential control of foreign policy d) established the power of judicial review The specific power of judicial review is not addressed in article 3 of the Constitution, however many Constitutional scholars agree the founding fathers meant the Supreme Court to have this power. The Court’s decision in Marbury v. Madison (1803) effectively cemented the Supreme Court’s claim to judicial review, in which the Court first stated the right to declare laws unconstitutional.
  20. 20. Question 3 "Separate educational facilities are inherently unequal." - Brown v. Board of Education The effect of this Supreme Court ruling was to a) establish affirmative action programs in higher education b) require the integration of public schools c) desegregate the armed forces and the military academies d) force states to spend an equal amount on each public school student The ruling in Plessy v. Ferguson (1896) established that “separate but equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states) and was later overturned in the Supreme Court’s 1954 Brown v. Board of Education of Topeka, Kansas ruling.
  21. 21. Question 4 The decision of the United States Supreme Court in Marbury v. Madison (1803) established the power of the a) House of Representatives to impeach the president b) Congress to override a presidential veto c) president to veto congressional legislation d) Supreme Court to determine the constitutionality of laws
  22. 22. Question 5 The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle of a) protection of property rights b) freedom of speech c) right to privacy d) freedom of religion
  23. 23. Question 6 In Plessy v. Ferguson (1896), the Supreme Court ruled that a) states may not secede from the Union b) racial segregation was constitutional c) slaves are property and may not be taken from their owners d) all western territories should be open to slavery
  24. 24. Question 6 Which headline illustrates the use of judicial review? a) “Congress Passes a Civil Rights Bill” b) “Conference Committee Meets to Finalize Budget” c) “New York State’s Reapportionment Plan Ruled Unconstitutional” d) “President Signs SALT Agreement with Russia”
  25. 25. Case Civil Liberty Did the Supreme Court protect the civil liberty? Dred Scott v. Sandford (1857) Ableman v. Booth (1859) Plessy v. Ferguson (1896) Near v. Minnesota (1931) Brown v. Board of Education (1955) Roth v. United States (1957) Engel v. Vitale (1962) Roe v. Wade (1973) United States v. Nixon (1974) Texas v. Johnson (1989) Planned Parenthood of Seattle v. Casey (1992) Vernonia School District 47J v. Acton (1995) Bush v. Gore (2000) Gonzales v. Carhart (2007) Boumediene v. Bush (2008)
  26. 26. “A judicial body whose decisions are of major political importance.” Assess this comment on the US Supreme Court. 45 marks = 45 minutes
  27. 27. “The U.S. Supreme Court can be thought of as the last word in both legislative and policy disputes. As the highest court in the land, the Supreme Court is charged with determining the constitutionality of lower court rulings. It is where the most serious civil and voting rights disputes, labor and employment rules, and federal statutes go for final settlement.” Quote of the Day
  28. 28. What sort of counter argument could you use? You have 3 minutes to discuss with the person next to you. BUT…examiners like to see that you consider BOTH sides of the argument to come to your conclusion!
  29. 29. Homework Revision Revise for Exam Question and End of Topic Test Exam Question Construct a one paragraph counter argument to the comment that the Supreme Court is “A judicial body whose decisions are of major political importance.”

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