Name _________________________________
02.16.2016
AP US Government and Politics
Do Now
Supreme Court Justice Antonin Scalia unexpectedly passed away this
weekend. Scalia was considered the champion of the intellectual conservative
movement on the Supreme Court and the fiercest defender of the “strict
constructionist” interpretation of the Constitution.
President Obama has stated that he plans on nominating a new Supreme
Court Justice before his term is finished. Senate Majority Leader Mitch
McConnell has said that the Senate will not confirm anyone during Obama’s
last year because it is an election year and it should be “up to the American
people” to determine the next Justice by choosing the next President.
1. What is the “strict constructionist” interpretation of the Constitution?
What are the pros and cons of such an interpretation?
2. What impact, if any, does Scalia’s death have on the 2016 presidential
election? The 2016 Senate elections? (Think “litmus test”). Do you
think this helps the Democrats or the Republicans more? Explain!
3. Why do you think the Republican-controlled Senate does not want
President Obama to appoint another justice on the Supreme Court?
How is this an example of checks and balances? What contentious
issues do you think would be impacted or changed if Obama is able to
appoint a new Justice to the Supreme Court?
4. Provide an argument for why Obama should be allowed to appoint a
new justice on the Supreme Court during his last year. Provide an
argument for why Obama should NOT be allowed to appoint a new
justice on the Supreme Court during his last year.
5. Some Court cases have already been heard this year and Scalia has
already cast his vote, even though he has passed away. But many
contentious issues, such as the Texas abortion case, did not have their
arguments before the Court yet. What happens if the Court splits its
decision 4-4?