12 B The judicial branch of Students should study Students should understand that a Chapter 7: ‘The government (): a number of landmark number of Supreme Court cases are Supreme Court, and debates about the political rulings made by the politically significant either in relation the protection of – significance of the Supreme Supreme Court. to citizens’ rights or as a check on rights and liberties’ in Court: Students should learn executive or legislative power. A2 US Government landmark rulings and about the outcome of However, it should also be stressed & Politics by Anthony related debates and each case, why it was that not all cases are as politically J Bennett controversies politically significant significant as each other. Chapter 14: ‘The shaping public policy and which justices Students should focus on recent cases, Supreme Court and in terms of, for voted in favour and as well as older ones, that shape public Judicial Politics’ in example, federalism against the decision. policy in terms of civil rights, federalism American Politics and civil rights, race, Specifically, students and executive power. In particular, and Society by David gender, punishment. should focus their students should understand that some McKay (2017: 9th learning on two cases are politically significant because Edition) examples of landmark they split the court, sometimes rulings and examine, in ideologically. However, it should also Politics Review depth, related debates be stressed that a high number of Volume 24, Number and controversies. cases are decided in a unanimous 1, September 2014 manner. (extra resources Students should also archive): . Simon choose one area of When deciding what a landmark ruling Lemieux public policy to focus is, students should consider Court on and assess the decisions which establish a significant significance of the new legal principle or concept, or judiciary in shaping it. otherwise substantially change the interpretation of existing law. Examples Students should could be: evaluate the strengths The Warren Court 1954–1969 and weaknesses of the Supreme Court and its Brown vs Topeka Board of Education • ability to shape public (1954)
12 B The judicial branch of government (): debates about the political significance of the Supreme Court: landmark rulings and related debates and controversies shaping public policy in terms of, for example, federalism and civil rights, race, gender, punishment. Students should study a number of landmark rulings made by the Supreme Court. Students should learn about the outcome of each case, why it was politically significant and which justices voted in favour and against the decision. Specifically, students should focus their learning on two examples of landmark rulings and examine, in depth, related debates and controversies. Students should also choose one area of public policy to focus on and assess the significance of the judiciary in shaping it. Students should evaluate the strengths and weaknesses of the Supreme Court and its ability to shape public Students should understand that a number of Supreme Court cases are politically significant – either in relation to citizens’ rights or as a check on executive or legislative power. However, it should also be stressed that not all cases are as politically significant as each other. Students should focus on recent cases, as well as older ones, that shape public policy in terms of civil rights, federalism and executive power. In particular, students should understand that some cases are politically significant because they split the court, sometimes ideologically. However, it should also be stressed that a high number of cases are decided in a unanimous manner. When deciding what a landmark ruling is, students should consider Court decisions which establish a significant new legal principle or concept, or otherwise substantially change the interpretation of existing law. Examples could be: The Warren Court 1954–1969 • Brown vs Topeka Board of Education (1954) Chapter 7: ‘The Supreme Court, and the protection of rights and liberties’ in A2 US Government & Politics by Anthony J Bennett Chapter 14: ‘The Supreme Court and Judicial Politics’ in American Politics and Society by David McKay (2017: 9th Edition) Politics Review Volume 24, Number 1, September 2014 (extra resources archive): . Simon Lemieux
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