Politics and Public Policy in the United States

CONTENTS OF CURRICULUM UNIT 20.03.05

  1. Unit Guide
  1. Introduction
  2. Rationale
  3. Learning Objectives
  4. Content Objectives
  5. Teaching Strategies
  6. Classroom Activities
  7. Resources
  8. Reading List for Students
  9. Appendix on Implementing district Standards
  10. Notes

The Supreme Court: Allowing and Constraining Constitutional Change

Christina Marsett

Published September 2020

Tools for this Unit:

Resources

Aul, Francis J. “Statutory Rules of Constitutional Interpretation and the Original Understanding of Judicial Power and Independence.” Georgetown Journal of Law and Public Policy 17, no. 1 (2019). In this article, Aul elaborates on the role of the Supreme Court in the American political system.

Bryan, Amanda C. “Public Opinion and Setting the Agenda on the U.S. Supreme Court.” American Politics Research 48, no. 3 (2020): 377–90. https://doi.org/10.1177/1532673X18822312. In this article, there was a discussion of how the Supreme Court cases that will be heard are chosen, and the fact that those in which justices' opinions do not align with the majority of Americans are avoided.

Casillas, Christopher J., Peter K. Enns, and Patrick C. Wohlfarth. “How Public Opinion Constrains the U.S. Supreme Court.” American Journal of Political Science 55, no. 1 (2011): 74–88. https://doi.org/10.1111/j.1540-5907.2010.00485.x. This article provided information about how the actions of the Supreme Court tend to fall in alignment with the beliefs of the genreral public.

Chism, Kahlil. “The Constitutional Amendment Process.” Social Education 69, no. 7 (2005): 373. This article provided the necessary information for explaining how an Amendment is added to the United States Constitution.

Cornell Law School Legal Information Institute. “Civil Rights.” Accessed November 7, 2020. https://www.law.cornell.edu/wex/civil_rights. This webpage from Cornell's Legal Information Institute gave an overview of significant Civil Rights legislation.

Cohen, Adam. Supreme Inequality: The Supreme Court’s Fifty-Year Battle for a More Just America. New York: Penguin Press, 2020. This book's chapter on Democracy discussed the work done by the Warren Court to protect voting rights.

Editors, History.com. “14th Amendment.” History.com, 2020. This History.com webpage gave an overview of the Fourteenth Amendment, including a discussion of its lasting impact.

———. “Loving v. Virginia.” History.com, 2019. This webpage provided the background information on the case of Loving v. Virginia that was used to discuss how the Warren Court expanded protections provided by the federal government.

Epps, Garrett. “The Antebellum Political Background of the Fourteenth Amendment.” Law and Contemporary Problems 67, no. 3 (2004): 175+.  https://link.gale.com/apps/doc/A125875239/AONE?u=29002&sid=AONE&xid=080de1ae. In this article, there was an in-depth discussion of the Fourteenth Amendment.

Foner, Eric. “Abraham Lincoln, the Thirteenth Amendment, and the Problem of Freedom.” Georgetown Jornal of Law & Public Policy 15, no. 1 (2017): 59+. This article discusses Abraham Lincoln's role in the abolition of slavery, as well as the process that was necessary for ratification of the Thirteenth Amendment.

———. The Second Founding: How the Civil War and Reconstruction Remade the Constitution. 1st ed. New York, NY: W. W. Norton & Company, Inc., 2019. This book provided a significant amount of information about how the Supreme Court ruled in regards to the Civil Rights Amendments during the Reconstruction era.

———. “The Supreme Court and the History of Reconstruction — and Vice-Versa.” Columbia Law Review 112, no. 7 (2018): 1585–1606. This article discussed the actions taken by the United States Supreme Court in the years following Reconstruction.

Ginsberg, Benjamin, Theodore J. Lowi, Margaret Weir, and Caroline J. Tolbert. “The Founding and the Constitution.” In We The People, 11th ed., 39–68. New York, NY: W. W. Norton & Company, Inc., 2017. This textbook was useful in probiding background information about the United States Constitution, including the explicit powers granted to the judicial branch.

Goldfield, David. America Aflame: How the Civil War Created A Nation. 1st ed. New York, NY: Bloomsbury Press, 2011. This book provided context for the state of America following the Civil War and information about attitudes towards the Civil Rights Amendments. This book provided context for the state of America following the Civil War and information about attitudes towards the Civil Rights Amendments.

Oyez. “Harper v. Virginia Board of Elections,” n.d. This entry provided the background information on the case of Harper v. Virginia Board of Elections that was used to discuss how the Warren Court ruled in favor of protecting voting rights.

Tulane University Law School Webpage. “History of Law: The Fourteenth Amendment.” Accessed December 7, 2020. https://www.history.com/topics/black-history/fourteenth-amendment. This website contained an in-depth look at the Fourteenth Amendment and its implications.

United States Senate Webpage. “Landmark Legislation: Thirteenth, Fourteenth, & Fifteenth Amendments,” n.d. This section of the United States Senate's webpage provided an overview of each of the Amendments passed at the conclusion of the Civil War.

Lewis, Anthony. Gideon’s Trumpet. 1st ed. New York: Random House, Inc., 1964. This book told the story of Gideon v. Wainwright in a way that highlighted the judicial processes that brought the case to the Supreme Court.

Supreme Court of the United States Webpage. “Members of the Supreme Court of the United States.” Accessed December 7, 2020. https://www.supremecourt.gov/about/members.aspx. This website was used to gather information about the years that justices of the Supreme Court served.

Rodriguez, Marc S. “Hernandez v. Texas.” Oyez, n.d. This entry provided the background information on the case of Hernandez v. Texas that was used to discuss how the Warren Court expanded protections provided by the federal government.

Ross, Michael A. “The Supreme Court, Reconstruction, and the Meaning of the Civil War.” Journal of Supreme Court History 41, no. 3 (2016): 275–94. https://doi.org/10.1111/jsch.12119. This article discussed the actions taken by the Supreme Court during Reconstruction an their lasting impact.

Scheips, Paul J. “Significance and Adoption of Article V of the Constitution.” Notre Dame Law Review 26, no. 1 (1950): 46–67. This article detailed the information about the Supreme Court that is contained in Article V of the United States Constitution.

Simon, James F. Eisenhower vs. Warren: The Battle for Civil Rights and Liberties. 1st ed. New York, NY: W. W. Norton & Company, Inc., 2018. This book was useful for providing background information about Warren and why Eisenhower selected him as Chief Justice of the Supreme Court.

The Supreme Court Historical Society Webpage. “The Chase Court, 1864-1873,” n.d. This website from the Supreme Court Historical Society gave detailed information about the membership of the Chase Court and its rulings.

The National Archives’ Online Exhibits. “The Emancipation Proclamation,” 2019. This webpage contained information that was used in my discussion of the Emancipation Proclamation and its limits.

Tolson, Franita. “The Constitutional Structure of Voting Rights Enforcement.” Washington Law Review 89, no. 2 (2014): 413+. https://link.gale.com/apps/doc/A376071102/AONE?u=29002&sid=AONE&xid=98d276f7. This article was used to gain information about the Supreme Court's handling of the Fifteenth Amendment over time, especially during the Reconstruction era.

Tushnet, Mark, ed. The Warren Court in Historical and Political Perspective. 1st ed. Charlottesville: University Press of Virginia, 1993. This work is a collection of essays written on the Warren Court, which was useful in understanding why this era of the Supreme Court was an anomaly, as well as providing information about some of the cases that were cited in this unit.

———. Why the Constitution Matters. 1st ed. Orwigsburg, PA: Keystone Typesetting, Inc., 2010. This book provided information about the contents of the Constitution, including what it dictates about the judicial branch.

Westbrook, Gennie. “Jones v. Alfred H. Mayer Co.” Constituting America, 2017. https://constitutingamerica.org/jones-v-alfred-h-mayer-co-1968-guest-essayist-gennie-westbrook/. This article was where I obtained additional information for my discussion of the Supreme Court case Jones v. Alfred H. Mayer Co.

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