Chief Justice John G. Roberts Jr. and his conservative colleagues delivered a seismic jolt in January. They overturned two of the Supreme Court's past decisions to upend federal legislation that says corporations may not use their profits to support or oppose candidates and to declare unconstitutional a large portion of the McCain-Feingold campaign finance reform act passed in 2002.
"This is obviously such an exceptionally dramatic, high-profile break with precedent (Citizens United v. Federal Elections Commission)," said Pamela Harris, executive director of the Supreme Court Institute at Georgetown Law Center. "The question is, what will come next? Perhaps they have exhausted themselves on this one case, or it could have the opposite effect and be energizing. I really don't know which it will be."
The majority's 5-4 decision on the application of the First Amendment on freedom of speech was announced by Justice Anthony M. Kennedy, but would not have been possible without Chief Justice Roberts and Justice Samuel Alito, President George W. Bush's most recent nominees to the court.
National Review remarks "Americans have cause to rejoice" that the court struck "a decisive blow against the McCain-Feingold campaign-finance restrictions, one of the worst abridgments of the First Amendment since the infamous Alien and Sedition Acts of 1798." The Washington Post says the court's "first major decision of the current term might signal a new willingness to act boldly" as the conservative majority "overturned two of the court's past decisions -- including one made as recently as six years ago."
"It is time for everyone to drop all the talk about the Roberts court's 'judicial minimalism,' with Chief Justice Roberts as an 'umpire' who just calls balls and strikes. Make no mistake, this is an activist court that is well on its way to re-crafting constitutional law in its image."
Learning Activity
There have been many very controversial Supreme Court decisions made in the past. This activity focuses on four eras where the Supreme Court made such significant decisions. Assign students to write a report of at least 150 words (or a presentation of at least seven slides) that cites at least three resources from one of the pathfinders listed below. The report should address the essential questions for critical thinking listed below (you may want to add or substitute other):
What major Supreme Court decisions were made in this era?
What was the majority opinion on the most well-known decision?
What was the minority opinion on this decision?
How did these decisions impact the average citizen?
How would characterize the decision—Liberal or Conservative, and why?
Pathfinders
Click the Topics tab > Click the era > Select a topic:
The Great Depression > Supreme Court and the New Deal
African-American Civil Rights Movement > Brown v. Board of Education
Turbulent '60s > The Warren Court
The Turn of the Millennia and Beyond > The Disputed 2000 Election
