Monday audio. I will answer questions about the syllabus and course assignments in the first couple minutes of class. Panel # 2 is on tomorrow; sit on the far side of the room.
We finish History and Constitutional Foundations. What possible conflicts in law could there be and how should the court resolve them? Why does the Constitution control? Why should the power of review rest with courts? What is "judicial supremacy" and does the power of judicial review entail that? What are the arguments for and against judicial supremacy? What is "departmentalism," as discussed in Pfander? What is the best way of understanding the role of different branches in constitutional interpretation? What is "judicial activism" and why should you never again use that phrase in this class? Here is the list of the 14 impeached judges, 8 of whom have been removed.
We then move to Supreme Court:Structure. Consider how the Court's structure has evolved historically and the validity of proposals to alter it. Review the four proposals for SCOTUS reform (all in the Additional Materials Post--Biennial Appointments Act, Reforming the Supreme Court (blog post), Eight is Enough, and Alternatives--consider whether they are valid and whether they are a good idea. What are the drawbacks to life tenure, especially as applied to SCOTUS? What are the alternatives to permanent tenure beside periodic appointments? What is the argument that good behavior does not require life tenure (see Fed. No. 78, 3d ¶ from end)? What are the possible meanings or requirements of "one Supreme Court"?
