The Judicial Branch
"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." - Article III, Section 1 of the U.S. Constitution
"I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." - Pledge of Allegiance
"Judicial decrees may not change the heart, but they can restrain the heartless." - Dr. Martin Luther King Jr.
"I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." - Pledge of Allegiance
"Judicial decrees may not change the heart, but they can restrain the heartless." - Dr. Martin Luther King Jr.
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Learning Goal:
Students will understand the structure, function, and processes of the Judicial branch of government, as well as its role in the lawmaking process at the federal level. |
SS.7.C.3.8
Content Complexity: Level 1: Recall and Reproduction Analyze the structure, functions, and processes of the legislative, executive, and judicial branches. SS.7.C.3.3 Content Complexity: Level 2/Skills and Concepts Illustrate the structure and function (three branches of government established in Articles I, II, and III with corresponding powers) of government in the United States as established in the Constitution. SS.7.C.1.7 Content Complexity: Level 2/Skills and Concepts Describe how the Constitution limits the powers of government through separation of powers and checks and balances. SS.7.C.3.11 Content Complexity: Level 2/Skills and Concepts Diagram the levels, functions, and powers of courts at the state and federal levels. |
Introduction
Write down any prior knowledge you have about the Judicial Branch. (hint...the court system)
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What information did you get from this video about the Judicial Branch that may be important? |
Task 1: Judicial Branch Overview
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Directions:
1. Read the attached file to the right titled "Judicial Branch in a flash READING." 2. Answer the questions attached to the right titled "Judicial Branch QUESTIONS" in your writing folder. |
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Task 2: Serving for Life??
You should already know that Supreme Court Justices serve for life once appointed by the President and approved by the Senate.
It can be argued that the U.S. Constitution established lifelong terms for Supreme Court Justices for many reasons. Justices don't have to fear being replaced by the President if they make decisions that go against what the President wants. They also don't have to worry about spending time getting re-elected. Instead, they can focus on the law and not appealing to voters of different political parties. However, lifetime terms can be controversial.
It can be argued that the U.S. Constitution established lifelong terms for Supreme Court Justices for many reasons. Justices don't have to fear being replaced by the President if they make decisions that go against what the President wants. They also don't have to worry about spending time getting re-elected. Instead, they can focus on the law and not appealing to voters of different political parties. However, lifetime terms can be controversial.
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Directions: Read the attached article titled "Term Limits?" then follow the directions below:
1. Create a political cartoon (or a paragraph argument) that incorporates AT LEAST one argument from the article to create term limits for Supreme Court Justices. 2. Explain your opinion in whatever format you prefer: "Do you think Supreme Court Justices should serve for life or have term limits? Back up your opinion with evidence." |
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Task 3: A Vacancy Vacation?
Directions: Read the following information to review The Executive and Legislative Branch powers before before continuing.
*Article II, Section 2 of the U.S. Constitution: “he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States”
*In simple language...The President chooses new Supreme Court justices, federal judges, ambassadors and appoints new cabinet members (with the Senate’s majority approval...this is Checks and Balances)
*Remember that who you vote for in ONE branch of government has a HUGE impact in all others as well. For example, if you choose a liberal or conservative President, then they will most likely pick a judge that matches more closely with their values. Who you vote for in the Legislative Branch affects this too...since the Senate can approve/confirm or deny a President's pick for positions like judges. Why does THAT matter??
*You will continue to learn about how the decisions that judges make about their interpretations of our laws and legal disputes have a HUGE impact on millions of people's lives and their rights in society. On the Supreme Court, you need a MAJORITY vote of at least 5 Justices for a decision on a case. The image below shows Supreme Court Justices, a Red or Blue star to show which political party the President who nominated them was a member of, and their age.
*Article II, Section 2 of the U.S. Constitution: “he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States”
*In simple language...The President chooses new Supreme Court justices, federal judges, ambassadors and appoints new cabinet members (with the Senate’s majority approval...this is Checks and Balances)
*Remember that who you vote for in ONE branch of government has a HUGE impact in all others as well. For example, if you choose a liberal or conservative President, then they will most likely pick a judge that matches more closely with their values. Who you vote for in the Legislative Branch affects this too...since the Senate can approve/confirm or deny a President's pick for positions like judges. Why does THAT matter??
*You will continue to learn about how the decisions that judges make about their interpretations of our laws and legal disputes have a HUGE impact on millions of people's lives and their rights in society. On the Supreme Court, you need a MAJORITY vote of at least 5 Justices for a decision on a case. The image below shows Supreme Court Justices, a Red or Blue star to show which political party the President who nominated them was a member of, and their age.
*In February 2016, conservative Supreme Court Justice Antonin Scalia (who had been picked by a Republican President) died when President Obama, a liberal Democrat, was still in office. Obama would not leave office until January 20, 2017. However, the majority of the Senate was Republican and controversially stated that they WOULD NOT vote on ANY of the President's nominees to fill this vacancy on the U.S. Supreme Court. Their argument was that they would wait until AFTER the next President took office, so that the people's will was more accurately reflected.
*Fast forward to September, 2020...Justice Ruth Bader Ginsberg (a liberal Justice picked by a Democratic President) died. The majority Republican Senate, along with President Trump (a Republican), decided to fill the vacancy as quickly as possible. This was controversial, because the November election was less than 2 months away. The last time this happened, the Republican majority Senate waited 11 months before filling the vacancy to benefit their cause. Also, remember that a Supreme Court Justice serves for LIFE, so these decisions can change the way the court interprets the law for decades or more.
*To summarize, Democrats wanted to wait 4 months for a new President to replace Ruth Bader Ginsburg, just like the Republicans waited 11 months when Antonin Scalia was replaced with Neil Gorsuch by President Trump. However, Republicans did not want to wait THIS TIME in case their party's leader, President Donald Trump, was not re-elected.
*Fast forward to September, 2020...Justice Ruth Bader Ginsberg (a liberal Justice picked by a Democratic President) died. The majority Republican Senate, along with President Trump (a Republican), decided to fill the vacancy as quickly as possible. This was controversial, because the November election was less than 2 months away. The last time this happened, the Republican majority Senate waited 11 months before filling the vacancy to benefit their cause. Also, remember that a Supreme Court Justice serves for LIFE, so these decisions can change the way the court interprets the law for decades or more.
*To summarize, Democrats wanted to wait 4 months for a new President to replace Ruth Bader Ginsburg, just like the Republicans waited 11 months when Antonin Scalia was replaced with Neil Gorsuch by President Trump. However, Republicans did not want to wait THIS TIME in case their party's leader, President Donald Trump, was not re-elected.
Watch the video below to see a Republican Senator, Ted Cruz of Texas, give his argument about WHY he thinks the Senate SHOULD replace Justice Ginsburg quickly.
BELOW IS AN EXAMPLE of why WHO is selected for jobs like a Supreme Court Justice really matter. The decisions that judges make about their interpretations of our laws and legal disputes have a HUGE impact on millions of people's lives and their rights in society.
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The case below was decided by a SLIM margin. It could have easily gone a different way depending on WHO was on the court:
Obergefell v. Hodges (2015), is a landmark United States Supreme Court case in which the Court decided in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They ruled that states that denied this right in their constitutions because of the 10th amendment were in violation of the 14th amendment. During our Political Parties and the Electoral Process Unit...The following was a statement to help you practice which party values would most likely align with the issue of same sex couples when it comes to adoption and businesses:
“Same sex couples should be able to adopt children because the government should have more rules that protect the equal rights of citizens. Same sex couples should not be banned from businesses because of more rules for equal rights.” D or R? The issues above are still being challenged in current court cases today due to religious freedom vs. the issue of equality... |
Because of a Supreme Court ruling in 2017, all states must now allow LGBT community members to adopt children …however…
“Eleven states have laws on the books allowing for state-licensed agencies to claim religious exemptions in the foster and adoption process,” –NBC news |
CHOOSE ONE OF THE FOLLOWING WAYS to assess yourself for this Task:
1. Write a 2 paragraph response using evidence to address the following prompt: "What are your thoughts on the President filling vacancies (empty positions) in government like Ambassadors, Supreme Court Justices, etc...? Do you think it should always be done right away no matter what? Or do you think there are circumstances where the President and/or the Senate should wait? Do you agree or disagree with either Democrats, Republicans, or both/neither on the issues mentioned?"
2. Create a political cartoon that incorporates evidence and expresses your opinion on the following: "What are your thoughts on the President filling vacancies (empty positions) in government like Ambassadors, Supreme Court Justices, etc...? Do you think it should always be done right away no matter what? Or do you think there are circumstances where the President and/or the Senate should wait? Do you agree or disagree with either Democrats, Republicans, or both/neither on the issues mentioned?"
3. Create a poem/rap that incorporates evidence and expresses your opinion on the following: "What are your thoughts on the President filling vacancies (empty positions) in government like Ambassadors, Supreme Court Justices, etc...? Do you think it should always be done right away no matter what? Or do you think there are circumstances where the President and/or the Senate should wait? Do you agree or disagree with either Democrats, Republicans, or both/neither on the issues mentioned?"
4. Pick one of the following positions to create a pros (good things) and cons (bad things) chart for:
A. The President and the Senate should ALWAYS fill a job vacancy in government as soon as possible. (reasons for this could be seen as pros and/or cons)
B. The President and the Senate should wait to fill a job vacancy. (reasons for this could be seen as pros and/or cons)
1. Write a 2 paragraph response using evidence to address the following prompt: "What are your thoughts on the President filling vacancies (empty positions) in government like Ambassadors, Supreme Court Justices, etc...? Do you think it should always be done right away no matter what? Or do you think there are circumstances where the President and/or the Senate should wait? Do you agree or disagree with either Democrats, Republicans, or both/neither on the issues mentioned?"
2. Create a political cartoon that incorporates evidence and expresses your opinion on the following: "What are your thoughts on the President filling vacancies (empty positions) in government like Ambassadors, Supreme Court Justices, etc...? Do you think it should always be done right away no matter what? Or do you think there are circumstances where the President and/or the Senate should wait? Do you agree or disagree with either Democrats, Republicans, or both/neither on the issues mentioned?"
3. Create a poem/rap that incorporates evidence and expresses your opinion on the following: "What are your thoughts on the President filling vacancies (empty positions) in government like Ambassadors, Supreme Court Justices, etc...? Do you think it should always be done right away no matter what? Or do you think there are circumstances where the President and/or the Senate should wait? Do you agree or disagree with either Democrats, Republicans, or both/neither on the issues mentioned?"
4. Pick one of the following positions to create a pros (good things) and cons (bad things) chart for:
A. The President and the Senate should ALWAYS fill a job vacancy in government as soon as possible. (reasons for this could be seen as pros and/or cons)
B. The President and the Senate should wait to fill a job vacancy. (reasons for this could be seen as pros and/or cons)
Task 4: Court Quest
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Directions:
1. Click on the link to the right and play "Court Quest." 2. WRITE A PARAGRAPH SUMMARY OF WHAT YOU LEARNED ABOUT THE JUDICIAL BRANCH WHILE PLAYING THIS GAME. |
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