THE SUPREME COURT

Mr. Richard Geib and Dan Fitz-PatrickFTHS Gov Econ

April 15, 2023

SCOTUS AND THE CONSTITUION

• Founding Fathers purposely made judges semi-insulated

• Traditionally 9 members– FDR and court

packing scheme• Marbury v. Madison

“A government of laws, not.” – John Adams

Supreme Court Justice John Marshall

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

TELLING THE PEOPLE WHAT IS THE LAW!

• 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

The importance of “stare decisis”!

BIG IDEA: What is “legal” and “the law” can change over time…

CONFLICT IN THE SCOTUS

“Judicial activism” versus “judicial

restraint.”

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