About Us
Congress: The Context
SUBJECTS
US History, US Government, Civics, Leadership Studies
GRADE LEVEL
9-12
OBJECTIVES
Students will analyze the United States Constitution to discern the relationship between Congress and the federal courts, the attributes they deem important in a judge, and how the courts can influence legislation. Students will also apply to principle of judicial review to legislation as they take on the role of a federal judge.
LESSON PLAN
See: http://www.district94.dupage.k12.il.us/social_studies/congress_courts/main.htm
Class 1
Review with the students how the federal courts, like the other branches of government, were created by the U.S. Constitution. Have students look at Article II, Section 2 and Article III of the U.S. Constitution and describe in their notebook the relationship between Congress and the courts.
Have students share answers and clarify any information.
Draw a flow chart on the board explaining the process of how a judge is selected.
Have the students look again at the specified parts of the Constitution to discern what the job of the federal courts is. It should be difficult to find a clear-cut answer. Explain the main power of the court was established in the Supreme Court case Marbury vs. Madison.
Have students read a summary of the case either in a textbook or on-line at http://www.uen.org/core/socialstudies/marbury/.
Homework: Give students, or have students find a current event article about a recent judicial appointment that was heard by the Senate Judicial committee. Have students read the article and further define the relationship between Congress and the Courts.
Class 2
Have students share their homework assignments with the class. Review the relationship between Congress and the Courts by perusing the House and/or Senate Judicial Committee web sites. Have the students infer further how the House and Senate interact with the Courts.
House Judiciary Committee Web Site: http://judiciary.house.gov/
Senate Judiciary Committee Web Site: http://judiciary.senate.gov/
Since there are no formal qualifications to be a federal judge (age, experience, residency, etc.), have the students brainstorm qualities they would like to see in a federal judge. Put a master list on the board. Have the students examine the biographies of the current United States Supreme Court Justices. These are available at http://www.nytimes.com/library/politics/scotus/scotus-profiles-minibios.html. Have student add to their list any qualities they deem admirable in the current justices. Remind students of the power of judicial review. Discuss how ideology and bias always influence interpretation. Review the terms liberal and conservative.
Homework: Have students write a summary of what sort of ideology they would like to see in a federal judge. Have them incorporate current event issues as concrete example in their summary.
Class 3
Have students take the On-line Supreme Court selector at http://www.selectsmart.com/FREE/select.php?client=supremecourt. Have the students record which justices their ideology matches with and why. Divide the students into groups based on which justices they most match with. Discuss as a class the different ideologies that they represented in their homework summaries and in their survey responses.
Homework: Have students put themselves and the justices on a political spectrum like the one below and explain their placements.
LEFT______________ MODERATE______________RIGHTClass 4
Put a spectrum on the board. Have the students share their spectrums and discuss the current balance of power on the Supreme Court. Review how presidents can influence the courts years after they leave office by their appointments to the federal bench. Explain to students that you are now going to analyze how the courts can influence legislation. Go to http://www.washingtonpost.com/wp-dyn/nation/courts/supremecourt/20022003/. Have the students choose a current event issue before the court or recent ruling to answer the following questions:
1. What is the issue at hand?
2. What are the arguments on each side?
3. What Constitutional issue is at stake?
4. What did the court decide?
5. What ruling would you have made?
Finish for homework.
Class 5
Take time to have students share their issues in class. Discuss the precedents set by the rulings. Discern what, if any, political ideology influenced the decision.
Homework: Assign students a bill produced in the "Creation of a Bill, Mr. Smith and You", a CongressLink Lesson Plan. Have students analyze the bill as they did the current event article. Teachers could also assign current legislation or teacher created mock bills for this process.
Class 6
Put students in groups of nine. Have students take turns presenting their issue to the groups and have groups deliberate each issue, culminating with a vote. Have groups record majority and dissenting opinions.
Class 7
Have the various "Supreme Courts" present their rulings to the class. This is especially powerful if student-generated legislation is that which is being presented. Again, discuss the precedents set by the rulings. Discern what, if any, political ideology influenced the decisions.
RESOURCES
CREDIT
Mary Ellen Daneels,
Community High School District 94,
326 Joliet Street,
West Chicago, IL 60185
