AP government Lesson Plan
Name of Unit: Institutions – Judiciary Name of Unit: Institutions – Judiciary: Judicial Review
Names: Cynthia MacDonald, Laura Black, Ruth Evans, Carrie Butts, Gretchen Boettcher
Textbook: Government in America pp 492-496
Resources/Readings:
Reading: Federalist Paper #78, American Government: Reading and Cases by Peter Woll, 19th edition,
pages 358-362.
Online Resources: www.hippocampus.org, www.cagle.com, www.newyorker.com, www.nytimes.com ,
www.supremecourt.gov
Guiding Question: What is the role of Judicial Activism and Judicial Restraint under the umbrella of
Judicial Review?
Discussion Questions:
1. How can Judicial Activism be seen in the latest released court decisions on the Arizona?
2. How is the Obama Care case a good case to address the ongoing need for judicial restraint?
3. Is activism creating a more powerful position for the one branch of government that is not
elected?
Assessment Unit: Institutions
Possible Multiple Choice Questions:
Multiple Choice Questions
1.
a.
b.
c.
d.
Judicial restraint is the doctrine that the Court
should use its power to change any law that is not fair to all of the people.
should defer to the elected branches of government.
should use its power to decrease the power of state government.
should use its power to restrain the powers of the president and Congress.
a.
b.
c.
d.
Judicial activism is the doctrine that the Court should use its power
only when there is a dispute between the legislative branch and the executive branch.
to support the actions of Congress.
to establish a new legal system.
to check other bodies of government when they exceed their authority.
2.
3. In Arizona et.al vs. the United States, the Supreme Court voided several sections of the law saying it
a. violated the motorists 1st amendment rights.
b. prosecuting illegal immigrants is a power reserved for the Federal Government.
c. violated the search and seizure clause of the 4th amendment.
d. Was not worded well and needed to be proofread.
Possible Essay:
The United States Supreme Court receives many appeals, but it hears and rules on a small percentage of
cases each year. Numerous factors influence the actions of the Court, both in deciding to hear a case in
the decisions it hands.
a. Define judicial review
b. Explain how judicial review empowers he Supreme Court within the system of checks
and balances
c. Explain how judicial activism influences decisions made by individual justices when
deciding cases heard by the Court.
Lesson Plan
Background: Government in America pp 492-496
Intro: look at political cartoon from http://www.politicalcartoons.com/cartoon/4aa3c64f-35db-4c0c9111-ee99827d3361.html
Watch video at
http://www.hippocampus.org/History%20%26%20Government;jsessionid=EC1C4E724F16D05173A8884
ACED61189
Debrief the terms
Chart the text with New Yorker Article:
http://www.newyorker.com/talk/comment/2010/05/24/100524taco_talk_toobin
Jigsaw the following (maybe for homework):
1. Federalist #78 (Hamilton’s opinion on judicial review)
http://www.constitution.org/fed/federa78.htm
2. Blocking Parts of Arizona Law, Justices Allow its centerpiece: New York Times Article
http://www.nytimes.com/2012/06/26/us/supreme-court-rejects-part-of-arizona-immigrationlaw.html?pagewanted=all
3. Obama Care Decision (link pending) http://www.supremecourt.gov/opinions/slipopinions.aspx
4. Arizona v. United States Decision http://www.supremecourt.gov/opinions/slipopinions.aspx
Discussion Question: Are these examples of judicial activism or restraint…why?