Supreme Court and Arizona

This week the US Supreme Court will hear the Arizona immigration bill, SB 1070.  Your task is to decide if you would use Judicial Activism or Judicial Restraint in deciding this case.   The Constitution and the Amendments are good place to start.  Read the 5th, 14th amendments and determine what is said about naturalization.  Also read Article I of the US Constitution, there is a section on naturalization of citizens.  The 10th Amendment will give you information on state’s rights.  I have also included some readings from newspapers that deal with the issue.

In your small group, you will be creating an Amicus Curiae brief.  Amicus Curiae is “friend of the court”.  These briefs give legal arguments or facts.  The briefs provide analysis of factors it should consider in making its decision and the implications of that decision.  While preparing your brief your group will make a case for either Activism or Restraint.  Cite examples from the Constitution, Amendments and outside readings.   Be specific when citing the Constitution, Amendments and any outside readings.  A works cited page is necessary.   Send your completed brief to lwaddell@tushd.k12.az.us

Let the Arizona Law Stand
States Await Supreme Court Hearing
Arizona Takes National Stage
US Supreme Court To Weigh Arizona Law
Mexican Immigration at a Standstill
US Constitution
Amendments to the Constitution

Supreme Court Project

This project deals with primarily with the United States Supreme Court.  Below there are five court cases from the Supreme Court.  You will need to brief two cases (an example of the brief is included).  Once you have briefed the cases, you will select one case and answer the following questions:  What was the case’s impact on society?  Were there any cases that this case overturned?  An example is how Brown v Board overturned Plessy v Ferguson.  Is the case still being discussed today?  Are there any cases today that relate to the case?

You will also need to discuss any Presidential action on the court case.  Did the President issue a statement on the case?  Did they mention the case during a speech?  Did they ask Congress to create a law to help the case?

You also need to look at Congress.  Did they weigh in on the case?  Were any laws passed that were related to the case?  Were speeches made on behalf of the case?

When you have completed your research your final product will include the following:  the briefs for the two cases, a two to three page answering the questions above, a bibliography with links to the primary sources from the President and Congress and any other sources you have used.

Cases

Gideon v Wainwright

Bakke  v California

Engel v Vitale

Tinker v Des Moines School District

New Jersey v TLO

How to brief a court case

Supreme Court Readings Part 2

Answer the following questions and submit your respones to lwaddell@tuhsd.k12.az.us

Federalist #78

1. Why do you feel Hamilton was so careful to point out the relative impotence of the judiciary?
2. What was Hamilton’s position regarding the power of the judiciary to declare legislative acts contrary to the Constitution void?
3. Why does Hamilton consider the independence of the judiciary to be a vital component of constitutional government?

Marbury v Madison

1. Chief Justice Marshall recognized that all three branches of the government take oaths to uphold the Constitution. Why, then, did he feel that it is the responsibility of the courts to determine ultimately whether or not a law is unconstitutional when it is challenged in a case and controversy?2. Why, according to Marshall, is the Constitution superior to any ordinary act of the legislature?

Supreme Court Readings Part 1

The readings below are on the Supreme Court.  Information in the readings will be used on quizzes and exams.  Be sure to read all parts and take notes.

Court Reading Part 1
Court Reading Part 2
Court Reading Part 3
Court Reading Part 4

How to Brief a Court Case

Here is the template to follow to brief a court case.  To receive full credit, follow this template.

How To Brief A Supreme Court Case

Federalist Papers and Federalism Court Case

Read the following Federalist Paper and Court Case and answer the questions.  Both readings deal with Federalism.

Anti Federalist 17

What is the Anti-Federalist view on the Necessary and Proper Clause?  How does the Anti-Federalist feel about the enumerated powers granted to Congress?

McCulloch v Maryland

What were the principal arguments used by Chief Justice Marshall to justify the extension of congressional power to include the power to incorporate a bank, even though the words “bank” and “incorporation” are nowhere to be found in the text of the Constitution?

Please email the answers to lwaddell@tuhsd.k12.az.us