February 16, 2016

THE BASICS

Topic: The Death of Antonin Scalia: Confirmation of a Justice of the Supreme Court

Articles “How Scalia’s Death Could Affect Major Supreme Court Cases in the 2015-16 Term” (2/14) (The NY

Times) “The Senate tradition at issue with replacing Antonin Scalia” (2/14) (CNN) “SCOTUS Analyst: Loretta Lynch ‘Most Likely Candidate’ to Replace Scalia” (2/15) (NBC News) “Yes, President Obama Can Still Nominate a Supreme Court Justice” (2/14) (The Nation) “Supreme Court vacancy highlights stakes in presidential race” (2/15) (The Times of Israel) “Ginsburg and Scalia: Best Buddies” (2/15) (NPR)

Questions to Consider What does the Supreme Court do? Why is the Supreme Court the court of last resort? What are the qualifications for a Justice of the Supreme Court? How does the judicial branch of the American government balance the legislative and executive

branches? How does the nomination and confirmation process connect all three branches of the

government? How is popular sovereignty demonstrated in this process? How is limited government demonstrated in this process?

Is the judiciary the “least dangerous” branch? What is the process for nominating and confirming a justice of the Supreme Court? What is the role of the Senate? Can the Senate delay the confirmation process? Should the

Senate delay the confirmation process? Why or why not? What options does President Obama have in selecting a Supreme Court Justice?

Why are there nine Justices on the Supreme Court? How are decisions made when there are only eight sitting Justices?

Which important cases are on the docket of the Supreme Court in 2016? How might political polarization affect the nomination and confirmation of a Supreme Court

Justice? How might the selection of a Supreme Court Justice impact the 2016 presidential election?

Who was Antonin Scalia? What impact did he have on Supreme Court decisions? Was he an originalist or a textualist? Which constitution was he defending?

What questions would you ask a nominee to the Supreme Court? Justice Scalia said that senators should ask what the nominee would do to the Constitution? Do you agree?

Edsitement o What powers are given to the judiciary in the Constitution? o Why is judicial independence necessary? What constitutional provisions assure this

independence? THE EXTRASPre-teaching, Extensions & Further Reading

“What is the difference between a judge and a justice?” (Criminal Justice Degree Hub) “Why the current Supreme Court nomination situation isn’t that unique” (2/14) (Constitution Daily) “President’s tributes to Justice Scalia” (2/14) (SCOTUSblog) “Liberal Love for Antonin Scalia” (opinion) (2/14) (The NY Times)

Lesson Plans

“The Supreme Court: Lessons for Educators” (OPB) “The Challenge of Selecting an Ideal Supreme Court Nominee” (Street Law) “The Supreme Court: The Judicial Power of the United States” (EDSITEment!) “Selecting the Next U.S. Supreme Court Justice” (Classroom Law Project)

What’s the Connection? Constitutional

“Alexander Hamilton, Federalist Paper #78 – The Judiciary will always be least dangerous to the political rights of the Constitution” (The Federalist Papers Project)

Oregon “Sen. Wyden: Naming Scalia’s Successor Requires Urgency” (2/14) (OPB)

Students “Students and the Supreme Court: A Lexicon of Laws” (Annenberg Center)

Oregon State Social Science Standards8.16. Examine the development activities of political parties and interest groups and their affect on events, issues, and ideas. 8.18. Examine and analyze important United States documents, including (but not limited to) the Constitution, Bill of Rights, 13th-15th Amendments.8.26. Examine a controversial event, issue, or problem from more than one perspective. HS.27. Examine functions and process of United States government. HS.30. Analyze the roles and activities of political parties, interest groups and mass media and how they affect the beliefs and behaviors of local, state, and national constituencies. HS.33. Explain the role of government in various current events.HS.59. Demonstrate the skills and dispositions needed to be a critical consumer of information.HS.60. Analyze an event, issue, problem, or phenomenon form varied or opposing perspectives or points of view.

CCSS Anchor Standards

2. Determine central ideas or themes of a text and analyze their development; summarize the key supporting details and ideas.4. Interpret words and phrases as they are used in a text, including determining technical, connotative, and figurative meanings, and analyze how specific word choices shape meaning or tone.6. Assess how point of view or purpose shapes the content and style of a text.7. Integrate and evaluate content presented in diverse media and formats, including visually and quantitatively, as well as in words. 8. Delineate and evaluate the argument and specific claims in a text, including the validity of the reasoning as well as the relevance and sufficiency of the evidence.

We the People Lesson ConnectionsMiddle School, Level 2

Unit 4, Lesson 19: How did Congress organize the new government? Unit 4, Lesson 22: How does the U.S. Supreme Court determine the meaning of the

words in the Constitution? High School, Level 3

Unit 4, Lesson 25: What is the role of the U.S. Supreme Court in the American constitutional system?