1. THE SUPREME COURT
Mr. Richard Geib and Dan Fitz-Patrick
FTHS Gov Econ
November 12, 2014

2. SCOTUS AND THE
CONSTITUION
“A government of laws, not.” – John Adams
• Founding Fathers
purposely made
judges semi-insulated
• Traditionally 9
members
– FDR and court
packing scheme
• Marbury v. Madison
Supreme Court Justice John
Marshall

3. UNDEMOCRATIC FEDERAL
JUDGES
• The sovereignty of
people still present in
unelected federal
judges
– Even though appointed
for life
• Appointed by
POTUS…
– …and then confirmed
by Senate.
THE SCOTUS

4. TELLING THE PEOPLE WHAT
IS THE LAW!
The importance of “stare decisis”!
• Dred Scott
• Plessy v. Ferguson
– Brown v. Board of
Education
• Korematsu v. United
States
• Miranda v. Arizona
• Gideon v. Wainright
• Tinker v. Des
Moines
Independent
Community School
District
• Roe v. Wade
• Riley v. California
BIG IDEA: What is “legal” and “the
law” can change over time…

5. CONFLICT IN THE SCOTUS
“Judicial activism”
versus “judicial
restraint.”

6. PERVASIVE INFLUENCE OF
FEDERAL COURTS
• Proper role of Constitution
– McCullough v. Maryland
– United States v. Nixon
• Impeachment
proceedings
• Criminal law and civil
liberties
• Business law and
intellectual property