Heimlich's History Lecture Notes

Topic: Legitimacy of the Supreme Court

Understand how judicial review and life tenure lead to debates on the Supreme Court's legitimacy.
Explain how other branches can limit the Supreme Court's power.

Judicial Activism: Courts establish policy and consider societal effects. Often criticized for overstepping constitutional bounds.
- Examples:
  - Liberal Warren Court accused of activism in Brown v. Board of Education (integration of schools).
  - Conservative Roberts Court accused of activism in Citizens United vs FEC (campaign finance decision favoring Republicans).
Judicial Restraint: Judges focus on constitutionality, not policy-making, and emphasize precedent.
- Example:
  - Plessy vs Ferguson's "separate but equal" upheld due to judicial restraint.

Dred Scott v. Sanford (1857): Ruled that enslaved individuals aren't citizens and struck down the Missouri Compromise, opening the nation to slavery.
- Resulted in increased tensions between regions and questioned the Court's legitimacy.
Korematsu v. United States (1944): Upheld Japanese-American internment during WWII. Example of judicial restraint leading to civil rights violations.
Roe v. Wade: (Not discussed in detail in this lecture, but noted as controversial).

Congressional Checks:
1. Modify laws to align with court decisions (e.g., United States v. Lopez adjustment).
2. Pass constitutional amendments (e.g., 13th Amendment after Dred Scott decision).
3. Legislate limitations on the court's appellate jurisdiction.
Presidential Checks:
1. Judicial appointments to influence future court decisions.
2. Non-enforcement of court decisions (e.g., Andrew Jackson on Cherokee removal).

Understanding the interplay between judicial activism/restraint and the checks by other branches is crucial for grasping the complexities of Supreme Court legitimacy.

Unit 2 Topics 10-11: Analysis of Supreme Court powers and legitimacy within the AP Government curriculum.