1. Congress and the Courts
AP U.S. Government and Politics
Unit 5

2. Selecting Supreme Court Justices
Discuss the effect each of the following can have on the judicial appointment process:
the President
the Senate
the media
interest groups
ideology
How do you feel about some of the proposed reforms to the appointment process? Explain.
Do you believe the judicial appointment process, as it is practiced today, still reflects the intentions of the Founders (as stated in Federalist No. 78) to create a relatively weak yet independent judicial branch? Explain why or why not.

3. United States Supreme Court

4. Justices of the U.S. Supreme Court
JOHN G. ROBERTS
Chief Justice (2005)
17th Chief Justice
appointed to Court (as Chief Justice) by GW Bush
born 1955
Catholic
moderate conservative

5. Significant Chiefs Justice
Roger Taney
John Jay
John Marshall
William Taft

6. Significant Chiefs Justice
Earl Warren
Warren Burger
William Rehnquist

7. Justices of the U.S. Supreme Court
ANTONIN SCALIA
Justice (1986)
appointed to Court by Reagan
born 1936
Catholic
moderate conservative

8. Justices of the U.S. Supreme Court
ANTHONY KENNEDY
Justice (1988)
appointed to Court by Reagan
born 1936
Catholic
moderate (“swing vote”)

9. Justices of the U.S. Supreme Court
CLARENCE THOMAS
Justice (1991)
appointed to Court by GHW Bush
born 1948
Catholic
second African American justice
moderate conservative (strict constructionist)

10. Justices of the U.S. Supreme Court
RUTH BADER GINSBURG
Justice (1993)
appointed to Court by Clinton
born 1933
Jewish
second female justice
moderate liberal

11. Justices of the U.S. Supreme Court
STEPHEN BREYER
Justice (1994)
appointed to Court by Clinton
born 1938
Jewish
moderate liberal

12. Justices of the U.S. Supreme Court
SAMUEL ALITO
Justice (2006)
appointed to Court by GW Bush
born 1950
Catholic
moderate conservative

13. Justices of the U.S. Supreme Court
SONIA SOTOMAYOR
Justice (2009)
appointed to Court by Obama
born 1954
Catholic
first Hispanic, third female justice
moderate liberal

14. Justices of the U.S. Supreme Court
ELENA KAGAN
Justice (2010)
appointed to Court by Obama
born 1960
Jewish
fourth female justice
moderate liberal

15. Ideology and the Supreme Court
“Liberal”
“Conservative”

16. Historic Justices
Thurgood Marshall
Sandra Day O’Connor

17. Judicial Activism or Judicial Restraint?
Judges should use the literal meaning of the words of the Constitution. They should consider only the plain meaning of the words or what they believe the words meant at the time the Constitution was written.
Judges should consider the perspective of history. They should consider the Founders’ intent but must also consider the realities of contemporary society.
Judges should shape policy if necessary. They should consider contemporary (current) social values in interpreting the Constitution and do so in terms of today’s policy needs.
Judges should use the intentions of the Framers. They should consider the philosophy and intent of the Framers, using The Federalist essays and Madison’s and others’ notes from the Constitutional Convention as sources.