Fuller Court Press

  1. Supreme Court Justice Ruth Bader Ginsburg (the Notorious R.B.G.) passed away on Friday. Senate Leader Mitch McConnell and Donald Trump have said they will fill Ginsburg’s vacancy before the upcoming presidential election. How many senators does it take to confirm a president’s nominee for the Supreme Court?

  2. The Supreme Court is now made up of 8 justices. What happens if there is a 4-4 tie on the Supreme Court?

  3. What is the largest the U.S. Supreme Court has ever been?

  4. What is the smallest the Supreme Court has ever been?

  5. What is the big story this chart tells?

  6. Article III, Section 1 of the U.S. Constitution states that, “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Does that say anything about the number of members of the Supreme Court?

  7. The size of the Supreme Court is not fixed by the Constitution. It is determined by Congress. The original Judiciary Act of 1789 set the number of justices at six. What branch then, gets to determine the size of the U.S. Supreme Court?

  8. Why has the number of justices changed over the years?

  9. What is one consequence of a changing Supreme Court size?

  10. During Franklin D. Roosevelt’s Presidency, many of his New Deal plans were blocked by the U.S. Supreme Court. Why didn’t Roosevelt just fire the Justices who consistently voted against him?

  11. Tired of losing in the Court, President Roosevelt proposed the Judicial Procedures Reform Bill of 1937 (known as the "court-packing plan") which gave the President power to appoint an additional Justice to the U.S. Supreme Court, up to a maximum of six. How would this “court packing” allow the president to more likely get what he wanted through the Supreme Court?

  12. Senate leader Mitch McConnell and Donald Trump have said that they want to go ahead and name a replacement for Ruth Bader Ginsburg. Can they legally do that?

  13. Many Democrats are now convinced that if a Democrat wins the presidency and Senate in 2020 (a big if), the Supreme Court (which is majority Republican) should be enlarged. Why would Democrats want to enlarge the size of the Supreme Court under a Democratic president?

  14. Could they legally change the size of the court?

  15. Explain whether divided government would make a court packing plan more or less likely to succeed.

  16. FDR’s court packing scheme was opposed by a coalition of Democrats and Republicans. Why do you think they worked together to stop the POTUS from enlarging the court?

Visual Extension

101234_ab1edf5896867b18_b.jpg

Learning Extension

Unless you like rated-R movies, whatever you do do NOT read this super-short and fun-fun-fun, hilarious and heartwarming story that will certainly be made into a Rom-Com one day: Structural Reforms to the Federal Judiciary. Really, don’t- you’ll hate it!

Action Extension

These are the members of the Senate Judiciary Committee.

Republican members

Democratic members

Cats In Hats Extension

Yes they did! Cats in Melon Hats!

Previous
Previous

Benjamin Again!

Next
Next

You are so closed-minded. No, you are so closed-minded. No You! Your Mama!