What is America’s Judicial Philosophy?
Critical Analysis
Find answers to the following questions using the visual above, any links below, your big brain, and your knowledge of American government and politics:
According to the data from the chart above, what % of Americans say the U.S. Supreme Court should base its rulings on its understanding of what the Constitution means in current times (judicial activism/liberalism), and what % say the U.S. Supreme Court should base its rulings on what the Constitution meant as originally written (judicial restraint/conservatism)?
Between 2005 and 2016 Americans were fairly consistently divided in their opinion of judicial philosophy? What happened to American’s opinions about judicial philosophy after 2016?
Why do you think that happened to cause that change?
Explain whether you think the U.S. Supreme Court should base its rulings on its understanding of what the Constitution means in current times (judicial activism) or should the U.S. Supreme Court base its rulings on what the Constitution meant as originally written (judicial conservatism).
Based on the chart above how does political party affiliation impact opinion about judicial philosophy?
Why do you think that is?
If a president or member of congress becomes too liberal or conservative for their constituents they can be voted out of office. How does a justice’s philosophy impact their ability to stay in office.
My student Marlon said that the data from the chart doesn’t matter since the people don’t elect the supreme court. Then another student named Zeke said that although they aren’t elected, the presidents who nominate them and the Senators who approve them are elected. Respond to Marlon’s claim based on what you know about the Supreme Court and the American political system.
According to the visual below, the Supreme Court is currently divided between 3 liberal justices and 6 conservatives. How do you think that philosophical split has impacted recent rulings?
Explain whether it is truly possible to completely remove the original meaning of the Constitution or whether it is truly possible to completely remove the context of the current time in any ruling?
Write and Discuss
Take ten minutes to write about the question at the top of the page and then discuss with your classmates.
Act on your Learning
Teach one person the difference between judicial activism and judicial restraint - maybe on a first date! If you can succeed at that you are a civic champion and and all time good citizen MVP! Share your results in class or online.
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Get Creative
Describe one way the judicial philosophy of the court has impacted your life.
