The James Madison Legacy Project
We the People
Unit Four
SUMMARY SHEET
By Marcus McGuinn
Judicial review is an important part of our constitutional system of government.
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How did the Supreme Court acquire the power of judicial review?
Do you think the Supreme Court should have the power to declare an act of Congress
unconstitutional? Why or why not?
How should justices determine the meaning of the words of the Constitution?
Terms:
Judiciary Act of 1789
Judicial Review
Federalism
Sovereign
Supremacy Clause
The Federalist Papers
Appeal
Appellate Courts
Interpret
Null and Void
2nd Amendment
9th Amendment
10th Amendment
We the People
Read all Unit Four – Lessons 17-22 – p.146-194
United States Constitution
READ IT!!!
Pay special attention to:
Preamble
Article One – Section 8 – Clause 9
Article Three
Article Six – Section 2
The Supreme Court of the United States – A Student Companion
Bill of Rights p. 40-43
Civil Law – Civil Rights Cases p. 79-82
Constitutional Democracy – Constitution p. 92-98
Equality under the Constitution- Equal Protection of the Laws p. 118-123
Judicial Activism – Jurisdiction p. 180-189
Liberty Under the Constitution p. 203-205
Popular Sovereignty p. 265-266
Republicanism p. 291
Strict Scrutiny p. 332-333
Cases
Brown v. Board of Education
Gideon v. Wainwright (1963) p . 145-146
Heart of Atlanta Motel v. United States (p. 161-162
Johnson v. Transportation Agency of Santa Clara County (1987) p.179-180
Marbury v. Madison (1803) p. 209-212
Miranda v. Arizona (1966) p. 223-27
Plessey v. Ferguson (1896) p. 262-264
Reed v. Reed (1971) p. 277-278
Regents of University of California v. Bakke (1978) p. 278-280
Scott v. Sanford (1857) p. 310-312
Smith v. Allwright (1944) p. 323-324
Sweatt v. Painter (1950) p. 340
Follow-Up Questions
1. Which methods of interpretation would each of the justices on the Supreme Court support
today?
2. What and where is the supremacy clause?
3. What is judicial review?
4. How did Congress organize the judicial branch?
5. How does the United States Supreme Court use the power of judicial review?
6. How does judicial review apply to laws passed by state governments (or the federal
government)?
7. How does the United States Supreme Court determine the meaning of the words in the
Constitution?
8. What type of cases and you think the Supreme Court will be hearing in the future?
9. Why is it sometimes difficult to understand parts of the Constitution?
10. What are the methods for interpreting the Constitution?
11. How would you interpret the Second Amendment?
12. Do you think that civil liberties are being violated caused by the restrictions being placed on
individual due to the recent terrorist attacks?
We the People Suggested Follow-Up Questions
a. Is the power of judicial review essential to a constitutional government? Why or why not?
b. Do you believe that an independent judiciary is essential to good government?
c. Describe one method of interpreting the Constitution. What are the strengths and
weaknesses of this method?
d. What checks are there on judicial review? Are they effective? Explain your position.
e. Is judicial review consistent with democracy, republicanism (representative government),
and popular sovereignty? Why or why not?
f. If the Supreme Court did not act as the ultimate guardian of our political system as defined
in our Constitution, what or who would serve that purpose? Explain your answer.
g. If the Supreme Court has the power to declare laws null and void, should this power be
clearly stated in the Constitution rather than implied? Why or why not?