Judicial philosophy:
Is The Constitution A Living Or
Dead Document?
LINK:
AGENDA
February 11/12, 2014
Today’s topics
 Judicial philosophy: Is The Constitution A Living
Or Dead Document?
 U.S. Supreme Court Justices research
 Process of becoming a federal judge
 Criminal Law vs. Civil Law
Homework
 Chapters 19+20: Read + Glossary terms
(due Feb 13/14)
Learning Goals
Unit 5 Guide
Describe and evaluate the following judicial philosophies:
o Originalism
o Textualism
o Living Constitution
o Judicial Activism
o Judicial Restraint
What judicial philosophy do you want in a Supreme Court
Justice? Why?
What is the current composition of the U.S. Supreme Court?
Do Supreme Court Justices (and other federal judges) represent
us? Should they? Why/why not?
What is the process for becoming a federal judge? Is this a good
way to choose judges? Why/why not?
On your Unit 5 Guide:
What judicial philosophy do you want in a
Supreme Court Justice? Why?
(at least 2-3 complete sentences)
Who’s your favorite Justice
of the U.S. Supreme Court?
Process of becoming a federal judge
PRESIDENT
nominates
U.S. SENATE
Judiciary Committee
After consulting home-state
Senators, political parties,
interest groups, etc.
Holds confirmation
hearings, then votes
The president “…shall
nominate, and by and with the
Advice and Consent of the
Senate, shall appoint…Judges
of the supreme Court…”
-- Article 2, Section 2, Clause 2
U.S. SENATE
full Senate
Floor debate, then votes
for/against confirmation
Famous Confirmation Hearings
Civil Law vs. Criminal Law
CIVIL LAW:
 Regulates relations between private
individuals
 May be enforced in a civil action by a private
party
Civil Law vs. Criminal Law
CRIMINAL LAW:
 Regulates public conduct
 Government brings legal action against a
person & imposes a penalty
Civil Law vs. Criminal Law
 Sometimes the same act can be tried as both
a civil and criminal case.
+
 Criminal cases require a higher standard of
evidence for conviction than civil cases
because the penalties are more severe.
Homework
Before you leave
 Pick up your belongings
 Straighten desks
Homework
 Chapters 19+20: Read + Glossary terms
(due Feb 13/14)