Checks on…Checks by…

The legislature The executive The judiciary

The legislature • Amend/delay/reject legislation

• Override president’s veto

• Power of the purse• Declare war• Ratify treaties (Senate)• Investigation• Impeachment, trial,

conviction and removal from office

• Impeachment, trial, conviction, removal from office

• Propose constitutional amendments

• Issue new legislation to overturn rulings

The executive • Recommend legislation

• Veto legislation

• Appointment of judges

• Pardon

The judiciary • Judicial Review • Judicial Review

How much can you remember?

Checks on…Checks by…

The legislature The executive The judiciary

The legislature

The executive

The judiciary

YOUR TASK:Complete the table to the best of

your ability identifying the checks and balances in the US political system.

Enquiry Question: What judicial power does the Supreme Court have and how has it been used?

Learning Objectives

• To explain how powerful the Supreme Court is• To understand the concepts of judicial

activism and judicial restraint, how they are applied and the significance for US society

• To analyse of whether the use of judicial power advances or undermines the principles embodied in the constitution.

Check By Example

Impeachment, trial, conviction, removal from office

Legislature

Propose constitutional amendments Legislature

Issue new legislation to overturn rulings

Legislature

Appointment of judges Executive

Pardon Executive

What checks exist on the US Supreme Court?15 marks = 15 minutes

Thinking PointsHow much real power does the

Supreme Court have?• What checks exist on the

power of the Supreme Court?• Are these checks effective?• How much power does the

Supreme Court have in theory?• Is this different to the reality?

Learning Objectives

• To explain how powerful the Supreme Court is• To understand the concepts of judicial

activism and judicial restraint, how they are applied and the significance for US society

• To analyse of whether the use of judicial power advances or undermines the principles embodied in the constitution.

Civil LibertiesPause For Thought

“Rights and freedoms that provide an individual specific rights. Civil liberties

include the rights of people, freedom of religion, and freedom of speech, and

additionally, the right to due process, to a trial, to own property, and to

privacy.”

Protection of Civil Liberties in Landmark Cases

Question 1

The Dred Scott decision on the issue of slavery upheld the Southern viewpoint thata) the power of the Supreme Court does not extend to

cases of race b) Congress could not pass a law depriving territorial

residents of their property c) a national vote should be held to decide the legality

of slavery d) the economic well-being of the western states

depended on slave labor

Question 2

The significance of the Supreme Court case Marbury v. Madison is that the decisiona) advanced civil rights for minorities b) upheld the constitutionality of a national

bank c) limited Presidential control of foreign policy d) established the power of judicial review

Question 3

"Separate educational facilities are inherently unequal." -Brown v. Board of EducationThe effect of this Supreme Court ruling was toa) establish affirmative action programs in higher

education b) require the integration of public schools c) desegregate the armed forces and the military

academies d) force states to spend an equal amount on each public

school student

Question 4

The decision of the United States Supreme Court in Marbury v. Madison (1803) established the power of thea) House of Representatives to impeach the

president b) Congress to override a presidential veto c) president to veto congressional legislation d) Supreme Court to determine the

constitutionality of laws

Question 5

The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle ofa) protection of property rights b) freedom of speech c) right to privacy d) freedom of religion

Question 6

The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle ofa) protection of property rights b) freedom of speech c) right to privacy d) freedom of religion

Question 7

Which headline illustrates the use of judicial review?a) “Congress Passes a Civil Rights Bill” b) “Conference Committee Meets to Finalize

Budget” c) “New York State’s Reapportionment Plan Ruled

Unconstitutional” d) “President Signs SALT Agreement with Russia”

Protection of Civil Liberties in Landmark Cases

Question 1The Dred Scott decision on the issue of slavery upheld the Southern viewpoint thata) the power of the Supreme

Court does not extend to cases of race

b) Congress could not pass a law depriving territorial residents of their property

c) a national vote should be held to decide the legality of slavery

d) the economic well-being of the western states depended on slave labor

The Supreme Court ruled in Dred Scott v. Sanford (1857) that blacks were not citizens and that slaves

were property and could be taken anywhere, regardless of a state’s

status as free or slave holding. This also served to declare the

Missouri Compromise unconstitutional due to its

establishment of free/slave state borders. This decision was

ultimately nullified by the passage of the 13th amendment feeing the

slaves and the 14th amendment establishing citizenship and equal

protection under the law.

Question 2The significance of the Supreme Court case Marbury v. Madison is that the decisiona) advanced civil rights for

minorities b) upheld the

constitutionality of a national bank

c) limited Presidential control of foreign policy

d) established the power of judicial review

The specific power of judicial review is not addressed in

article 3 of the Constitution, however many Constitutional scholars agree the founding fathers meant the Supreme

Court to have this power. The Court’s decision in Marbury v.

Madison (1803) effectively cemented the Supreme Court’s claim to judicial

review, in which the Court first stated the right to

declare laws unconstitutional.

Question 3"Separate educational facilities are inherently unequal." -Brown v. Board of EducationThe effect of this Supreme Court ruling was toa) establish affirmative action

programs in higher education b) require the integration of

public schools c) desegregate the armed

forces and the military academies

d) force states to spend an equal amount on each public school student

The ruling in Plessy v. Ferguson (1896)

established that “separate but equal” facilities were legal (thereby upholding

the Jim Crow laws of Southern states) and was

later overturned in the Supreme Court’s 1954

Brown v. Board of Education of Topeka,

Kansas ruling.

Question 4The decision of the United States Supreme Court in Marbury v. Madison (1803) established the power of thea) House of Representatives to impeach the

president b) Congress to override a presidential veto c) president to veto congressional legislation d) Supreme Court to determine the

constitutionality of laws

Question 5The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional principle ofa) protection of property rights b) freedom of speech c) right to privacy d) freedom of religion

Question 6In Plessy v. Ferguson (1896), the Supreme Court ruled thata) states may not secede from the Union b) racial segregation was constitutional c) slaves are property and may not be taken from

their owners d) all western territories should be open to slavery

Question 6Which headline illustrates the use of judicial review?a) “Congress Passes a Civil Rights Bill” b) “Conference Committee Meets to Finalize

Budget” c) “New York State’s Reapportionment Plan Ruled

Unconstitutional” d) “President Signs SALT Agreement with Russia”

Case Civil Liberty Did the Supreme Court protect the civil liberty?

Dred Scott v. Sandford (1857)

Ableman v. Booth (1859)

Plessy v. Ferguson (1896)

Near v. Minnesota (1931)

Brown v. Board of Education (1955)

Roth v. United States (1957)

Engel v. Vitale (1962)

Roe v. Wade (1973)

United States v. Nixon (1974)

Texas v. Johnson (1989)

Planned Parenthood of Seattle v. Casey (1992)

Vernonia School District 47J v. Acton (1995)

Bush v. Gore (2000)

Gonzales v. Carhart (2007)

Boumediene v. Bush (2008)

“A judicial body whose decisions are of major political importance.” Assess this comment

on the US Supreme Court. 45 marks = 45 minutes

“The U.S. Supreme Court can be thought of as the last word in both legislative and policy

disputes. As the highest court in the land, the Supreme Court is charged with determining

the constitutionality of lower court rulings. It is where the most serious civil and voting

rights disputes, labor and employment rules, and federal statutes go for final settlement.”

Quote of the Day

What sort of counter argument could you use?You have 3 minutes to discuss with the person

next to you.

BUT…examiners like to see that you consider BOTH sides of the argument to come to your conclusion!

Homework

RevisionRevise for Exam Question and End of Topic TestExam QuestionConstruct a one paragraph counter argument to the comment that the Supreme Court is “A judicial body whose decisions are of major political importance.”