1. Separation of Powers and Checks and Balances The Appointment of Judge John Roberts to the U.S. Supreme Court.

2. Separation of Power Executive Branch enforces law Executive Branch enforces law Legislative Branch make law Legislative Branch make law Judicial Branch interprets the law Judicial Branch interprets the law

3. Checks and Balances The President appoints Justices to the Supreme Court. The President appoints Justices to the Supreme Court. The U.S. Senate must approve the appointment ---they might not. The U.S. Senate must approve the appointment ---they might not.

4. Checks and Balances, Separation of Powers in Practice The President appoints members of the Supreme Court. The President appoints members of the Supreme Court. The Senate must give their “advice and consent” to the Presidents appointment. The Senate must give their “advice and consent” to the Presidents appointment. Supreme Court Justices are appointed for life and can determine the Constitutionality of Presidential and Congressional actions (Judicial Review). Supreme Court Justices are appointed for life and can determine the Constitutionality of Presidential and Congressional actions (Judicial Review).

5. Some of the people involved President George Bush, Sandra Day O’Conner, John Roberts, Ted Kennedy, Chuck Shumer

6. Some more important people involved: Senators Bill Frist, Harry Reid, Arlen Specter

7. Sandra Day O’ Conner retired from the Supreme Court this summer. Supreme Court Justices are appointed by the President with, according to the Constitution, the advise and consent of the Senate. Supreme Court Justices are appointed by the President with, according to the Constitution, the advise and consent of the Senate. Appointments to the Supreme Court are for life. Appointments to the Supreme Court are for life. Long after the President who appointed a justice is gone, the justice will probably still be serving on the Supreme Court Long after the President who appointed a justice is gone, the justice will probably still be serving on the Supreme Court Judge Roberts is 50 years old---it can be expected that he will be on the Supreme Court for 30 years— making important decisions that will affect your lives. Judge Roberts is 50 years old---it can be expected that he will be on the Supreme Court for 30 years— making important decisions that will affect your lives. Judge Roberts has been a judge on the Federal Circuit Court of Appeals for the Federal Circuit for the past two years. He was approved by the U.S. Senate for this position. Some Democrats voted against him two years ago. Judge Roberts has been a judge on the Federal Circuit Court of Appeals for the Federal Circuit for the past two years. He was approved by the U.S. Senate for this position. Some Democrats voted against him two years ago.

8. Chief Justice Rehnquist dies Chief Justice Rehnquist died two weeks ago. Chief Justice Rehnquist died two weeks ago. President Bush has decided to nominate Judge Roberts as Chief Justice. President Bush has decided to nominate Judge Roberts as Chief Justice. President Bush will have to appoint another Justice to the Supreme Court in the coming weeks. This Justice will have to go through the confirmation process just like Judge Roberts. President Bush will have to appoint another Justice to the Supreme Court in the coming weeks. This Justice will have to go through the confirmation process just like Judge Roberts.

9. The role of the U.S. Senate There are 100 members in the U.S. Senate--- currently 55 of them are Republicans, 44 Democrats and 1 Independent. There are 100 members in the U.S. Senate--- currently 55 of them are Republicans, 44 Democrats and 1 Independent. An 18 member committee in the U.S. Senate will first hold hearings concerning Judge Roberts nomination. These hearings will be public. We will watch some of it on television. An 18 member committee in the U.S. Senate will first hold hearings concerning Judge Roberts nomination. These hearings will be public. We will watch some of it on television. Eventually the Committee will vote and if a majority of the committee vote for Roberts his nomination will then go to the entire Senate for consideration. Republicans can be expected to vote for Roberts. Some Democrats can be expected to vote against him. Eventually the Committee will vote and if a majority of the committee vote for Roberts his nomination will then go to the entire Senate for consideration. Republicans can be expected to vote for Roberts. Some Democrats can be expected to vote against him.

10. Quiz 1. Who did George W. Bush nominate to the U.S. Supreme Court this past July? 2. Before this person can become a member of the Supreme Court what organization must approve his appointment? 3. List two U.S. Senators who will probably vote against this appointment. 4. Who is the Majority leader of the U.S. Senate? 5. Who is the Minority leader of the U.S. Senate? 6. Who is Chairman of the Senate Judiciary Committee?

11. Quiz Continued 7. How many members are there on the Senate Judiciary Committee? 8. Who died on the Supreme Court opening up the position of Chief Justice of the Supreme Court? 9. How many republicans are there currently in the U.S. Senate? Democrats? 10. How old is the Supreme Court nominee and why is that important?

12. Role of the Senate Continued You would think that Roberts would be approved easily since the Republicans hold a majority of the votes in the Senate. You would think that Roberts would be approved easily since the Republicans hold a majority of the votes in the Senate. However, in the U.S. Senate the minority can stop a vote from taking place by refusing to stop debate. As long as people continue to talk about the nomination a vote can not take place---this is called a filibuster. However, in the U.S. Senate the minority can stop a vote from taking place by refusing to stop debate. As long as people continue to talk about the nomination a vote can not take place---this is called a filibuster. A filibuster has never occurred over a Supreme Court nomination, but some Democrats have not ruled out its use this time. A filibuster has never occurred over a Supreme Court nomination, but some Democrats have not ruled out its use this time.

13. The Nuclear Option Republicans are very upset that Democrats may use the filibuster to stop the nomination of Judge Roberts or any other judge nominated by President Bush. Republicans are very upset that Democrats may use the filibuster to stop the nomination of Judge Roberts or any other judge nominated by President Bush. Some Republicans are considering changing the rules about the filibuster: Some Republicans are considering changing the rules about the filibuster: currently it takes 60 votes to stop a filibuster (remember there are 55 republicans currently in the Senate) currently it takes 60 votes to stop a filibuster (remember there are 55 republicans currently in the Senate) Republicans are considering changing the rule (Cloture Rule) to 51. Republicans are considering changing the rule (Cloture Rule) to 51. This change has been nicknamed the “Nuclear Option” This change has been nicknamed the “Nuclear Option”

14. Why would some Democrats oppose Judge Roberts? Because George Bush nominated him. Because George Bush nominated him. They think Judge Roberts is too conservative. They think Judge Roberts is too conservative. They think that with the addition of Judge Roberts the Supreme Court will become too conservative. They think that with the addition of Judge Roberts the Supreme Court will become too conservative. Many interest groups that usually support Democrats are pressuring, or may pressure Democrat Senators to vote against Roberts. (NOW, ACLU, Gay and Lesbian Alliance, NAACP) Many interest groups that usually support Democrats are pressuring, or may pressure Democrat Senators to vote against Roberts. (NOW, ACLU, Gay and Lesbian Alliance, NAACP)

15. What will happen at the Senate Judiciary Hearings concerning Roberts nomination? Roberts will be asked tough questions, concerning his judicial philosophy especially by Democrats. Roberts will be asked tough questions, concerning his judicial philosophy especially by Democrats. Roberts will probably not answer some questions if he thinks that one day he might have to decide on a case that the question concerns. (This will anger the Democrats asking the question) Roberts will probably not answer some questions if he thinks that one day he might have to decide on a case that the question concerns. (This will anger the Democrats asking the question) Democrats will ask for papers from President Bush that include memos written by Judge Roberts when he worked as a lawyer for President Reagan and when he worked as assistant Solicitor General. Democrats will ask for papers from President Bush that include memos written by Judge Roberts when he worked as a lawyer for President Reagan and when he worked as assistant Solicitor General. The Democrats will get some of the papers but President Bush will not send all of them citing Executive Privilege. (This will anger the D’s) The Democrats will get some of the papers but President Bush will not send all of them citing Executive Privilege. (This will anger the D’s)

16. The major issues Roe v. Wade---In 1973 the Supreme Court decided that neither the states nor the federal government could make a law that made abortion illegal. (Divides pregnancy into thirds, first, second, third trimester) Roe v. Wade---In 1973 the Supreme Court decided that neither the states nor the federal government could make a law that made abortion illegal. (Divides pregnancy into thirds, first, second, third trimester) The Court justified their decision by saying that the Constitution implies that there is a “right to privacy” and within that right to privacy is a woman’s right to choose an abortion. The Court justified their decision by saying that the Constitution implies that there is a “right to privacy” and within that right to privacy is a woman’s right to choose an abortion. Liberals and Democrats are concerned that the Supreme Court might overturn “Roe”—this would allow each state to determine if abortion was legal inside their state. (Ex. Utah illegal, California legal) Liberals and Democrats are concerned that the Supreme Court might overturn “Roe”—this would allow each state to determine if abortion was legal inside their state. (Ex. Utah illegal, California legal) Two Justices (Scalia, and Thomas) already seem to want to reverse “Roe” ---Would Justice John Roberts vote with them??? This is what many liberals and Democrats want to know.

17. Judicial Activism and Judicial Restraint Judicial Activist believe in a living, changing Constitution. They believe that Justices on the Supreme Court should interpret the Constitution to fit changing times. For example: interpret the Constitution to say that there is a right to privacy--- Most Democrats/Liberals believe in this concept. Judicial Activist believe in a living, changing Constitution. They believe that Justices on the Supreme Court should interpret the Constitution to fit changing times. For example: interpret the Constitution to say that there is a right to privacy--- Most Democrats/Liberals believe in this concept. Judicial Restraint—sometimes called Originalist --- believe that the Constitution means only what the Founding Fathers intended it to mean. They believe that if you want to change the meaning of the Constitution then you should add an amendment. For example: add an amendment creating a right to privacy. Judicial Restraint—sometimes called Originalist --- believe that the Constitution means only what the Founding Fathers intended it to mean. They believe that if you want to change the meaning of the Constitution then you should add an amendment. For example: add an amendment creating a right to privacy. President Bush has said that he believes Judge Roberts will practice Judicial Restraint. Roberts answers to the committee reinforce that. President Bush has said that he believes Judge Roberts will practice Judicial Restraint. Roberts answers to the committee reinforce that.

18. Other important issues that Roberts will be asked about. Gay rights Gay rights Affirmative Action Affirmative Action States Rights States Rights Eminent Domain Eminent Domain He will probably try to avoid answering many of these questions. He will probably try to avoid answering many of these questions. Most nominees have not answered these questions. (Ruth Bader Ginsberg example) Most nominees have not answered these questions. (Ruth Bader Ginsberg example)

19. By the way For those of you that think that Judge Roberts wants this job on the Supreme Court because he will have it for life and it will make him rich----look at this. For those of you that think that Judge Roberts wants this job on the Supreme Court because he will have it for life and it will make him rich----look at this. Before Judge Roberts became a judge he was in a law firm arguing cases. His last paycheck from that law firm before becoming a judge was $1 million dollars. Before Judge Roberts became a judge he was in a law firm arguing cases. His last paycheck from that law firm before becoming a judge was $1 million dollars. He will make $185,000 as a Supreme Court Justice. He will make $185,000 as a Supreme Court Justice.

20. Quiz Continued 11. When the President refuses to give the Senate documents he is using _______ ______ 12. If you believe the Constitution is a living document that should change with the times and this change should be accomplished through the decisions made by the Supreme Court, you believe in __________ ___________ 13. If you believe that the Supreme Court should not make law, and change to the Constitution should be accomplished through Constitutional Amendments, you believe in ___________ _____________

21. Quiz Continued 14. List three major issues that the nominee for the Supreme Court will be questioned about. 15. What Supreme Court case established a woman’s right to an abortion in 1973? Is this and example of judicial activism or judicial restraint? 16. List two of the three current justices of the Supreme Court who may be leaning towards reversing the above 1973 decision. 17. For how long is a Supreme Court Justice appointed? 18. Which political party currently has the most members in the U.S. Senate? How many? 19. What weapon may be used by the Democrats to stop the vote on the President’s appointment to the Supreme Court?

22. Quiz Continued 20. Republicans are threatening the “------- --------” if Democrats use the filibuster. --------” if Democrats use the filibuster. 21. The rule in the Senate that stops a filibuster is called the ______ Rule. 22. Many liberal groups are concerned that the Presidents appointment to the Supreme Court is too ____________ 23. The Presidents appointment to the Supreme Court has occurred because --------------- has retired. 24. What do you call the Supreme Courts ability to determine the Constitutionality of Presidential and Congressional actions?---------