2. JUDICIAL REVIEW CIVICS/GEOGRAPHY

3. STINGER 1.What is the metaphor that both cartoons use for the power of the Supreme Court? 2.What power does the Supreme Court have to influence the other two branches? 3.According to the football cartoon, which is the most powerful branch? 4.According to the baseball cartoon, which is the most powerful branch?

4. THOUGHTS ON THE POLITICAL CARTOONS 1. The Supreme Court as referees or umpires Calling “fair or foul” similar to calling “constitutional or unconstitutional” Keeps the two branches (or two teams AND states) in line Throwing someone out of the game? (Can’t enforce) 2. Judicial Review is essentially the only power the Supreme Court has “neither purse nor sword” according to Alexander Hamilton Can reinterpret the meaning of the Constitution, federal legislation, or state legislation Can strike down provisions passed by Congress, state laws, or actions of the executive 3. Legislative is most powerful? Listed first Purse and sword 4. Executive is most powerful Broad international powers Appointment powers Influence over other branches.

5. GUIDING QUESTIONS What are the major arguments for and against judicial review? Alexander Hamilton claimed in Federalist 78 that “the interpretation of the laws is the proper and peculiar province of the courts.” Do you agree or disagree? Why? What are the advantages and disadvantages of an appointed, life-tenured branch of government overturning laws passed by a democratically elected body of government?

6. VIDEO QUESTIONS 1. What is judicial review? 2. Why is judicial review controversial? 3. Why does each branch have power over the other two? 4. Identify some arguments for judicial review. 5. Identify some arguments against judicial review. 6. By what case was the principle of judicial review established? 7. Should justices make decisions based on the original intent of the Constitution or based on the idea that the Constitution is a “living document.” 8. How are courts supposed to use old cases (precedent) to decide new cases?

7. VIDEO

8. DEBATE RULES Debate will be a fishbowl with a moderator. Each person will be making two cogent points (putting in one’s two cents) Once a person has put in his or her two cents, he or she will tap in a member of his or her team YOU MUST PAY ATTENTION DURING THE DEBATE SO THAT YOU DO NOT REPEAT ARGUMENTS YOU MAY WANT TO PLAN WITH YOUR TEAM WHICH PEOPLE WHICH MAKE WHICH ARGUMENTS AND WHICH ORDER YOU WILL GO IN AND OUT OF THE FISHBOWL. Use the We The People books and additional printed materials to prepare your arguments I will act as moderator. You will have ten minutes to prepare.

9. DEBATE What are the major arguments for and against judicial review?

10. EXIT TICKET Which branch of government should be charged with interpreting laws? Why? Should judges be elected or appointed? Why? Should the Constitution be interpreted by determining the intent of its framers or by adjusting its values to modern problems? Why? The Court has no power to enforce its rulings. Should the President be able to ignore rulings of the Supreme Court? Homework: Read the Article and summarize it.