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The role of the Supreme Court in interpreting the Constitution

September 17 has been designated by Congress as National Constitution and Citizenship Day. That date is significant because in 1787 a majority of delegates to the Constitutional Convention in Philadelphia approved the initial draft of the Constitution. In order to get the states to ratify the Constitution as the law of the land, a Bill of Rights was added to ensure personal freedoms that were denied to them by George III.

The Constitution divided the power to govern by creating a system of checks and balances in three branches of government. This unique design--Executive, Legislative, and Judicial--ensured that no branch of government would ever gain total power such as the colonists' previous experience with European monarchies. The Bill of Rights lists these ten freedoms; but their practical application depends upon the interpretation of these freedoms by the Judicial Branch-- the Supreme Court.

There are many recent examples of the Supreme Court rulings that involve the interpretation of the Bill of Rights: the rejection of the Washington, D.C . law that bans personal ownership and possession of guns; the looming possibility of the overturning of Roe v. Wade abortion rights; and supporting the FISA Act that provides for warrantless searches of personal electronic information under the Patriot Act. Each of these issues involves continuing debates between citizen groups who argue for more or less government control over personal rights embodied in the Constitution.
Activity
It is enlightening for student to learn how Supreme Court justices can, over time, interpret the Bill of Rights and other amendments so differently. This understanding prepares students to be more proactive in maintaining the balance between government and personal rights.

Assign student to research one of the Supreme Court decisions of the past to understand how the political atmosphere of the era often influences the judgment of the Justices. Students should create a written report of 150 words or a PowerPoint presentation of at least two minutes and seven slides that cites at least three resources. Students should address the following essential questions for critical-thinking examples below (you can create others):
  1. Who were the parties involved and what were their arguments?
  2. How did the Supreme Court ruling reflect the political climate of the era?
  3. Was this ruling popular with the American people--why or why not?
  4. Did this decision prove beneficial for the country--why or why not?
All pathfinders listed below are accessed first by clicking the Topics tab.
  • #1: Progressive Era > Supreme Court and Progressivism; and Progressive Era Constitutional Amendments
  • #2: The Great Depression > Constitutional Amendments; and The Supreme Court and the New Deal
  • #3: The Seventies > Roe v. Wade.
  • #4: The Turn of the Millennia and Beyond > The Disputed 2000 Election
Use our custom ProQuest models for written or PowerPoint reports written and PowerPoint-style reports.

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