To argue for or against
“Landmark Supreme Court
Decisions”
Do Now: Take your laptop.
Download the Supreme Court
PPT. Complete the DO NOW on
slide 2 in complete sentences in
your notebook.
Do Now
•
“Although most of the Framers of the Constitution anticipated that the Federal
judiciary would be the weakest branch of Government, the U.S. Supreme Court
has come to wield enormous power with decisions that have reached into the
lives of every citizen and resolved some of the most dramatic confrontations in
U.S. history. The word of the Supreme Court is final. Overturning its decisions
often requires an amendment to the Constitution or a revision of Federal law.
•
The power of the Supreme Court has evolved over time, through a series of
milestone court cases. One of the Court’s most fundamental powers is judicial
review – the power to judge the constitutionality of any act or law of the
executive or legislative branch. Some of the Framers expected the Supreme
Court to take on the role of determining the constitutionality of Congress’s
laws, but the Constitution did not explicitly assign it to the Court. Marbury v.
Madison, the 1803 landmark Supreme Court case, established the power of
judicial review. From the modest claim of William Marbury, who sought a lowpaying appointment as a District of Columbia Justice of the Peace, emerged a
Supreme Court decision that established one of the cornerstones of the
American constitutional system.” ~ archives.gov
1. What is one of the Supreme Court’s most fundamental powers?
2. Define “judicial review”?
3. What landmark Supreme Court case in 1803 established the power of judicial
2
review?
Major Supreme Court
Decisions
Major Supreme Court Decisions
4
Constitutional Rights
• Declaration of Independence
introduced the fundamental
rights provided by the
Constitution
• Right to life, liberty, and the
pursuit of happiness
• Framers saw the government
as unfinished and believed that
rights would evolve over time
• Who possessed these rights—
were they absolute, unlimited,
and guaranteed in all cases?
5
Constitutional Rights (continued)
• Constitution is a “living
document” -- adaptable to
the times
• Supreme Court defines the
meaning of the Constitution
• Boundaries within the
government and between
government and the people
help safeguard the people’s
rights
• The court’s rulings often
reflect the times and are
subject to change
6
The Supreme Court:
The Early Years
• Origins in the Constitution
• Judiciary Act of 1789
• Early years saw little
participation, activity, or
interest
• First major case was quickly
overturned
• Hearing cases in circuit
courts (“riding circuit”) both
physically demanding and
ethically questionable
John Jay, the first chief justice of
the Supreme Court
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The Supreme Court:
The Early Years (continued)
• Supreme Court viewed as “least dangerous branch” of
government
• Major political parties: Federalists and DemocraticRepublicans
• Each party wanted to take the country in a different direction
• 1801: President Adams appoints John Marshall Chief Justice
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Thomas Jefferson
John Adams
The Supreme Court:
The Early Years (continued)
• Partisanship
dominated politics
• To extend Federalist
influence, President
Adams appointed
“midnight judges”
• Marbury v. Madison
(1803)
• The Supreme Court is
an appellate court
Federalists and Democratic-Republicans brawl in
the House of Representatives, 1798
9
The Supreme Court:
The Early Years (continued)
• Marshall’s ruling
originated the doctrine of
judicial review
• Only the court has the
power to declare acts of
Congress and the president
unconstitutional
John Marshall
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The Importance of
Judicial Review
• Confirms the Framers’
intention to create three
separate and independent
branches of government
• Judicial review established
the court’s unique ability
to interpret the
Constitution
• The interpretation may
change with the times, as
the court makes decisions
on a case-by-case basis
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Task
1. Go to the Landmark Supreme Court Decisions website.
Briefly look over some the decisions which may interestsyou
and pick 1.
2. Explore the website and all background information for your
case. Answer all questions in your notebook in complete
sentences.
3. Decide which constitutional amendment or principle your
Court Case is Addressing.
4. You will write an argumentative essay, agreeing or
disagreeing with the courts decision based on the principles
set forth in the U.S. Constitution.
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Essay Steps
• Introduction: Historical Background of the Court Case.
Include names, dates, and the court decision. In your
thesis, state your opinion about the decision and why
you agree or disagree.
• Body 1: Your Claim. This is where you go into detail
about your opinion using textual evidence from the court
case and the constitution.
• Body 2/3: State the Counterclaim. What is the
opposing viewpoint to yours? Now you must Refute the
Counterclaim / Prove it wrong with evidence from the
text.
• Conclusion: Restate your thesis, discuss the
importance of the case and why reinforce your claim and
position.
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