Constitution 101 Curriculum
Module 9: The Judicial System and Current Cases
Overview
Article III of the Constitution establishes the judicial branch of the national government, which is responsible for interpreting the laws. At the highest level, the judicial branch is led by the U.S. Supreme Court, which consists of nine Justices. In the federal system, the lower courts consist of the district courts and the courts of appeals. Federal courts—including the Supreme Court—exercise the power of judicial review. This power gives courts the authority to rule on the constitutionality of laws passed (and actions taken) by the elected branches. The Constitution also promotes the principle of judicial independence—granting federal judges life tenure (meaning that they serve until they die, resign, or are impeached and removed from office).
Learning Objectives
- Describe judicial review and explain it is a key component of the American constitutional system.
- Describe judicial independence and explain why the Founding generation viewed it as an important feature of the federal judiciary.
- Examine primary source writings on the Supreme Court in Federalist, No. 78.
- Describe how a case gets to the Supreme Court.
- Identify how the judicial nomination process works and how a justice ends up on the Supreme Court.
9.1 Activity: Supreme Court “Class Photo”
Purpose
Article III of the Constitution establishes the national government’s judicial branch: the federal judiciary, headed by a single Supreme Court. In this activity, you will examine the current justices of the Supreme Court and learn how a Supreme Court nominee gets appointed to the Supreme Court.
Process
As a class, discuss what you know about the Supreme Court and what you want to know by the end of this module.
- What do you know about the Supreme Court justices?
- What do you want to know about them?
Next, review and discuss the Info Brief: SCOTUS Class Photos presentation.
Finally, read the Info Brief: Supreme Court document and complete the Activity Guide: Supreme Court worksheet.
Launch
Display the image of the Supreme Court for students to view. As a large group, review a simple K- W- L activity to start student discussion based on the following questions:
- What do you know about the Supreme Court justices?
- What do you want to know about them?
Next, review the presentation with students and have them complete the worksheet. Ask students to compare and contrast the images of the court over time.
Finally, have students read the Info Brief: Supreme Court document and complete the Activity Guide: Supreme Court worksheet. Have students share highlights with the class.
Activity Synthesis
Ask students to write three facts they learned about the Supreme Court and at least one question that they still have.
Activity Extension (optional)
Now that students have a better understanding of the nominating process, students may research the nomination and Senate hearings process for a recent Supreme Court justice.
9.2 Activity: Key Terms
Purpose
It is important to remember that Article III is a very short provision and doesn’t lay out many details about the Supreme Court and how it works—or even what the federal judiciary as a whole should look like. For example, it doesn’t set the number of Supreme Court justices, how many lower-court judges there should be in the federal judiciary, or when we should have any lower federal courts below the Supreme Court at all.
Furthermore, Article III can be a bit hard to understand without some background first. The basic ideas are simple enough, but the language is a bit more technical than other parts of the Constitution. In this activity, you will review the key terms of the module to help deepen your understanding of Article III.
Process
Complete the Activity Guide: Key Terms - Judicial System and Current Cases worksheet.
After your worksheet is complete, your teacher will guide you through a bingo game using the key terms and definitions of Module 9.
Launch
Begin the activity with key terms activity with the students. Have them review the definitions and answer questions. As a review, have students share their answers in the worksheet for all of the key terms. Finally, engage students in a fun, lighthearted activity of word bingo by reading the definitions of the terms. Have students build bingo sheets by placing the key terms on a bingo card or hand out premade cards. If your class needs more words for the bingo card, use a sampling of facts from the Info Brief: Supreme Court document. Don’t forget the FREE spot! If the students have the correct word, they’ll color, cover, or electronically mark in the box on their cards where the answer appears.
Activity Synthesis
Have students apply their knowledge of the terms. Read and mark up a current news article that uses the terms.
Activity Extension (optional)
Now that students have a better understanding of key terms about the judiciary, ask the following questions:
- What is the primary role of the courts in our constitutional system?
- Why is it important for the judiciary to be independent of the other branches of government?
- How do the courts play a key role in our system of checks and balances?
- What part of the process did you learn about today that was new to you?
- What other questions do you have about the courts and their process for hearing cases?
9.3 Activity: The Federalist No. 78 (Hamilton)
Purpose
The founders’ vision of judicial independence grew out of the colonists’ own experience under the British system. Judges were not independent within this system. Instead, colonial judges were seen as officers of the crown, who carried out the orders of the king and could be removed at his whim.
In this activity, you will learn more about the Founding generation’s original vision for the Supreme Court and the federal court system.
Process
Read Federalist No. 78 by Alexander Hamilton and complete the Activity Guide: The Federalist No. 78 worksheet.
Launch
The key arguments will fall under these big ideas:
- The judiciary is the weakest of the three branches of government.
- Judges have a duty to exercise judicial review to declare laws that are inconsistent with the Constitution unconstitutional.
- The power of judicial review is rooted in the principles of popular sovereignty—the idea that the powers of the government (and the authority of the Constitution) is derived from “We the People.” That authority is greater than the powers of elected officials.
- Judicial independence is a key component of the constitutional system—protecting judges from the influence of the other branches of government and leaving them free to exercise their independent judgment in a given case.
Each argument must be summarized and at least one quote has to be used to cite as evidence.
Activity Synthesis
Have students discuss whether or not they agree with each argument Hamilton discusses in Federalist No. 78. Why, or why not?
Activity Extension (optional)
Now that students have a better understanding of the Founding generation's original vision of the judiciary, ask the following questions:
- What recent cases have been in the news about the Supreme Court?
- Poll your family, friends, or community members to ask them their thoughts on the Supreme Court and its role in the government.
- Use this information to develop a graphic or one-page fact sheet on the history and role of the court, cite evidence from your readings, and share with people in your community.
9.4 Video Activity: History of the Supreme Court
Purpose
In this activity, you will learn about the history of the Supreme Court.
Process
Watch the following video about the history of the Supreme Court.
Then, complete the Video Reflection: History of the Supreme Court worksheet.
Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.
Launch
Give students time to watch the video and answer the questions.
Activity Synthesis
Have students share their responses in small groups and then discuss as a class.
Activity Extension (optional)
Now that students have a better understanding of the history of the Supreme Court, ask the following questions:
- What era of the Supreme Court history do you find most interesting and why?
9.5 Activity: How Does a Case Get to the Supreme Court?
Purpose
So, how does a constitutional case get to the Supreme Court? Someone—often a single person—goes to court and argues that a law, an arrest, or a regulation is in conflict with the Constitution. When this happens, they may eventually be able to petition the Supreme Court to hear their case. However, the Supreme Court has broad discretion to choose which cases it decides each year. The Supreme Court receives about 10,000 petitions per year, and only agrees to hear about 65 of them. That’s not a lot! In this activity, you will study a real case and analyze how it got to the Supreme Court.
Process
Begin by reading the Common Interpretation: Article III, Section 1 and the Info Brief: How Does a Case Get to the Supreme Court document for background information about Article III and the federal court system. Summarize by writing a paragraph how the judicial branch works today.
Next, work as a group to chart the path of a case to the Supreme Court. Your group will choose a historical case from the list of choices provided. Read about the case and work with your group to build a simple road map graphic to show the progression of this case to the Supreme Court. Be creative in your design. You can draw the path, sketch it out in a Word document, or use tools such as Piktochart.
Select a case from the historical case list.
Compare your roadmap to the one provided on how the typical case gets to the Supreme Court today.
Launch
Have students read Common Interpretation: Article III, Section 1 and Info Brief: How Does a Case Get to the Supreme Court. Then, discuss with students how the judicial branch works and how the cases start with We the People and get to the Supreme Court.
Activity Synthesis
As a final activity, have students select a historical court case to build their path to the Supreme Court infographic. Students should identify the typical path, short-cuts, and areas where cases get blocked by exploring data on how many cases are heard at each level of the court system and analyzing what are the criteria for cases to get past certain checkpoints.
Activity Extension (optional)
Now that students have a better understanding of how a case gets to the Supreme Court, ask the following questions:
- What is one thing you learned about cases that reach the Supreme Court?
- What surprised you about these cases?
- Were there any similarities?
- If you were to write a letter to the people in these cases before they took up the fight, what would you tell them?
9.6 Activity: Supreme Court in Review
Purpose
The Supreme Court’s term typically lasts from the first Monday of October to the end of June.
Opinions are released throughout the term, with the last of the opinions (often on the most important and controversial cases) coming out at the end of June—although there’s no deadline because the justices set their own schedule.
In this activity, you will explore some of the most significant cases that the Supreme Court heard last term.
Cases for 2021–2022 Term:
- Dobbs v. Jackson Women’s Health Organization (2022)
- Kennedy v. Bremerton School District (2022)
- New York State Rifle & Pistol Association, Inc. v. Bruen (2022)
Process
After you review these three cases of the last term, use the information from the NCC website and SCOTUSblog to complete the Activity Guide: Supreme Court in Review worksheet.
Be prepared to share your briefs (explainers) you have developed in small groups.
Launch
Give students time to review three of the high-profile cases of the last term and write short briefs (explainers) for each case.
Activity Synthesis
Have students share their briefs with one another in small groups.
Activity Extension (optional)
Now that students have a better understanding of current Supreme Court cases, ask students to write a short opinion for the Supreme Court for one case based on the facts presented and the constitutional issues in question.
9.7 Test Your Knowledge
Purpose
Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.
Process
Complete the questions to test your knowledge.
Launch
This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.
9.8 Extended Activity: Building Consensus
Purpose
The Supreme Court can offer a model for how to offer arguments in a constructive, cooperative way so that people with opposing views can meaningfully listen to one another, consider different viewpoints, learn from one another, and possibly change positions or reach a compromise.
In this activity, you will explore the process for building consensus and the value of listening to arguments from other perspectives.
Process
Watch the Supreme Court Spotlight video from the National Constitution Center where U.S. Supreme Court Associate Justice Stephen Breyer (Ret.) provides an insider perspective on what happens behind closed doors at the Supreme Court.
As you watch the video, record the following information:
- Three interesting facts about the Supreme Court presented in the clip.
- Two rules for discussion in the Supreme Court.
- One word that is repeated by Justice Breyer.
Launch
Before you begin, have students think about an argument they’ve had recently and write down a few notes about it. Who was involved? What was the issue? Were you able to come to a resolution? Why? Why not? Share with the class if time permits.
Activity Synthesis
After viewing the video clip, students can share their 3-2-1 notes in their small group. Ask students to circle any ideas that are shared by more than one person. Have each group choose a representative to share out to the whole class. The teacher may choose to have different groups give their responses for only one aspect of the 3-2-1 notes. However, ask each group to share the one word that was repeated. This is powerful because the same word may be repeated many times signifying its importance. Encourage this because some students may be upset that another group already said their answer.
Activity Extension (optional)
Looking for more tools on civil dialogue practice in your classroom? Check out the civil dialogue toolkit and corresponding lessons.
Up Next
Module 10: The First Amendment
The First Amendment protects some of our most cherished rights, including religious liberty, free speech, a free press, the right to assemble, and the right to petition our government for a redress of grievances. Together, these essential rights are connected to the freedom of conscience—protecting our ability to think as we will and speak as we think. As we examine the First Amendment’s text and history, we will explore debates over the First Amendment’s five freedoms, analyze landmark Supreme Court cases, and examine how the First Amendment has been used by ...
