Describe and discuss some of the judicial traditions and


1. Who are the people on the Supreme Court? To learn more about them, go to the Web site for the Oyez Project at www.oyez.org and select two Supreme Court justices.

For both Justices, please list the following:

• Date appointed, Appointed by, Age at appointment, Political party, Confirmation vote, Conservative/Liberal Ideology

• What are the political philosophies of these justices? Is there a relationship between political party and judicial philosophy? Did you encounter any exceptions?

• Were the confirmation votes nearly unanimous? If presidents select nominees with a particular political view, why do you think most justices win confirmation easily?

• Do Americans expect these justices to be neutral or partisan? Why is this an important issue?

• Do you think that it is important that a diversity exists in terms of race, religion, gender, and the like among justices on the Supreme Court? Does this Court represent diversity, in your opinion? Explain.

2. Review and discuss one of the latest stories from oyez today (posted on the home page of www.oyez.org.) In your discussion, be sure to include some discussion on policymaking and the Courts as well as the various checks on the Court which may or may not be put in place as a result of this issue. How likely is the Court to be "checked"?

3. For this question, you will have the opportunity to listen to a Supreme Court oral argument and describe your initial impressions. The Oyez Project (www.oyez.org) archives audio recordings of recent oral arguments and posts a running transcript of the material along with photos and names of the Supreme Court Justices. Before playing the audio recordings of oral arguments, you may want to briefly review the photos and names of current Supreme Court Justices so that you can more easily follow along with the recording. Oral arguments are usually an hour long (30 minutes are allotted to each party). (To find oral arguments, click on the Cases button at the top of the page. Then select a case that interests you - there is usually an audio recording AND a full transcript available).

While listening to the oral arguments, make the following observations.

a. How long are the attorneys for each side allowed to speak before being interrupted by one of the Justices?

b. Which Justice asks the first question?

c. What is the tone of the question?

d. Do the Justices appear to be responding to their colleagues' questions? Or, do they seem indifferent to what their colleagues are saying?

e. Do the Justices mention ideas that relate to original meaning or intent? (strict constructionist).

f. How do the attorneys respond to the questions? Do they seem prepared or are they flustered by the frequent interruptions?

g. Based upon what you have heard, which side do you think makes the most compelling argument?

h. Now, write a response (2 paragraph minimum) with your final impressions of what occurs (at least in the public portion) of a case before the Supreme Court.

4. Describe and discuss some of the judicial traditions and doctrines that act as a restraint on the courts.

5. Describe the process of appointing judges to the federal courts. Explain how the process is fraught with partisan bickering

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