Subjects: US History, US Government, Civics, Leadership
Studies
Grade Level(s): 9-12
Time Frame: 7, 50-minute periods
Objectives [What the student should know and be able
to do at the end of the lesson]:
1.0 Overall: 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.
Bloom's Taxonomy: CongressLink lesson plans are built
around Bloom's
taxonomy. The purpose of the taxonomy is to provide a coherent
format for lessons and to make it easier for teachers to design
them according to CongressLink's standards.
2.0 Knowledge: Students will identify the constitutional
relationship between Congress and the federal courts.
3.0 Understanding: Students will understand the process
by which judges are chosen in the U.S. Students will understand
how the court case Marbury v. Madison established the
precedent of judicial review.
4.0 Application: Students will compare and contrast
what attributes they think a federal judge should have with
biographies of current Supreme Court Justices.
5.0 Analysis: Students will compare and contrast their
views on issues with those of presidential candidates to analyze
if the political ideology of the Supreme Court would be influenced
by nominations to the Court by the various candidates.
6.0 Synthesis: Students will synthesize characteristics
they deem necessary for a Supreme Court Justice.
7.0 Evaluation: Students will evaluate legislation
as to its constitutionality, as a Supreme Court Justice might
do.
Procedure/Sequence
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.
- Discuss with the class why there are "life" terms for judges
and the circumstances in which a judge would leave the bench
(retirement, impeachment, death)
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/
(a link from the AboutGovernment web
site sponsored by The Dirksen Congressional Center). Have students
define judicial review in their notebooks. Have the students
share their definitions and clear up any misunderstandings.
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://www.house.gov/judiciary/
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 (a
link from the AboutGovernment web
site sponsored by The Dirksen Congressional Center). 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______________RIGHT
Class 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/ (a
link from the AboutGovernment web site sponsored by The Dirksen
Congressional Center). 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.
Materials:
United
States Constitution, CongressLink
About Government found at http://www.aboutgovernment.org
The West Chicago Community High School "Congress and the Courts" Web
site found at http://www.district94.dupage.k12.il.us/social_studies/congress_courts/main.htm
"Creation of
a Bill, Mr. Smith and You", a CongressLink Lesson Plan
National Standards Addressed by Lesson [based on National
Standards for Civics and Government, Center for Civic Education,
1994. Citation based on section, subsection, standard of the
document]:
IIIA. How are power and responsibility distributed, shared
and limited in the government establishes by the United States
Constitution?
IIIB. How is the national government organized and what does
it do?
IIID. What is the place of law in the American Constitutional
System?
Evaluation/Assessment: See: http://www.congresslink.org/rubric/pdf
Author(s):
Mary Ellen Daneels,
Community High School District 94,
326 Joliet Street,
West Chicago, IL 60185
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