Proper Role of the Federal Judiciary

Chief Justice Taft said, "Secure the blessings of individual liberty to all the people of the United States under a government of law and order." Chief Justice William Rehnquist states, that success and “credit is due to the foresight of the drafters of these Charters.”Chief Justice William Rehnquist’s Rededication Remarks at the rededication of the National Archives (September 17, 2003) The United States Supreme Court becomes the “guardian” of rights and liberties even though Founding Fathers originally understood the laws of the Constitution would best preserve and protect American’s rights.

Upon completion of this lesson students will be able to

•Locate and identify the key provisions in the Articles of Confederation and the Constitution relating to the judiciary.

•Compare the Federal judiciary in the Articles of Confederation with the US Constitution.

•Formulate a historical progression of the United States Supreme Court’s role in protection of civil liberties.

•Explain the importance of an independent judiciary and how the Constitution provides for this independence.

•Identify and explain the Federalist and Anti- Federalist arguments in regards to a Federal Judiciary.

•Compare John Marshall’s view of the judiciary during the Virginia ratifying convention ( 1788) and after during Marbury v. Madison ( 1803)

•Discuss the basic facts of Marbury v. Madison (1803) with an emphasis on the role of judicial review.

•Formulate an opinion on how government should protect rights and defend it.