Scope Site Lesson Plan s1

Middle School Social Studies The United States Constitution as a Living Document Nineteenth Century American History SCoPE Site Lesson Plan

Title: Lesson 8 – The Judicial Branch (SS080108)

Abstract In this lesson students explore the scope of Article III of the United States Constitution. Working in small groups, students analyze the power of the judiciary. They engage in a jigsaw reading and share specific information on the role of the judiciary and its relationship with the other branches of government. They then use civil and criminal court decisions to explain how the rule of law and limited government protect individual rights and serve the common good.

Subject Area: Social Studies

Grade Level and Course Title: Eighth Grade/Nineteenth Century American History

Unit of Study: The United States Constitution as a Living Document

Benchmarks  Distinguish between civil and criminal procedure (III.3.MS.1).  Explain how the rule of law and limited government protect individual rights and serve the common good (III.1.MS.3, III.1.MS.4).

Key Concepts checks and balances limited government separation of powers

Instructional Resources Equipment/Manipulative Overhead projector

Student Resource A Brief Overview of the Supreme Court. The Supreme Court of the United States. 30 Nov. 2006 .

The Constitution and the Federal Judiciary. Understanding the Federal Courts. 30 Nov. 2006 .

The Court and Constitutional Interpretation. The Supreme Court of the United States. 30 Nov. 2006 .

The Federal Courts in American Government. Understanding the Federal Courts. 30 Nov. 2006 .

January 22, 2007 SCoPE SS080108 Page 1 of 6 Middle School Social Studies The United States Constitution as a Living Document Nineteenth Century American History The Federal Courts and Congress. Understanding the Federal Courts. 30 Nov. 2006 .

The Federal Courts and the Executive Branch. Understanding the Federal Courts. 30 Nov. 2006 .

Federal Courts and the Public. Understanding the Federal Courts. 30 Nov. 2006 .

Teacher Resource Brenneman, Kerri. Supplemental Materials (SS08010801. doc). Teacher-made material. Waterford, MI: Oakland Schools, 2007.

Open Doors to Federal Courts. The Distinction Between Civil and Criminal Law. U.S. Courts. 30 Nov. 2006 .

Recent Decisions. The Supreme Court of the United States. 30 November 2006 .

We the People. Calabasas, CA: Center for Civic Education, 1988.

What are the Differences between a Civil and Criminal Case? LawBytes. Tennessee Bar Association. 30 November 2006 .

The White House: The Judicial Branch. 30 November 2006 .

Sequence of Activities 1. Begin the lesson by reviewing the idea of separation of powers with students. Write the term, “separation of powers” on the board or an overhead transparency. Have students describe what this means in relation to the Constitution. Guide students to use knowledge learned earlier in this unit about the legislative and executive branches. Both of these branches of government have different functions and hold different power.

2. Write the word “federalism” on the board or overhead transparency. In a guided discussion, have students explain what the term means. Refer students to the distinction between the national government (and its branches of government) and state government (with its corresponding branches of government). Emphasize the difference between state and federal governments.

3. Distribute Article III of the United States Constitution to students or have them refer to a copy in their textbooks. As an alternative, distribute copies of A Brief Overview of the Supreme Court found at the following website and The Constitution and the Federal Judiciary found at . Explain to students that Article III addresses the power and functions of the judiciary branch.

January 22, 2007 SCoPE SS080108 Page 2 of 6 Middle School Social Studies The United States Constitution as a Living Document Nineteenth Century American History Divide students into groups of three or four students each. Distribute the “Investigating the Supreme Court” located in the Supplemental Materials (SS08010801.doc). Instruct each group to discuss the questions on the sheet. Provide students time to discuss each issue.

4. Reconvene the class and discuss the questions as a whole. Be sure to address the following points:  The judicial branch is the national court system. Today, the judicial power includes the power to interpret the law. The judicial branch has the duty to explain what the law means and how it applies to practical situations as a result of the landmark case of Marbury v. Madison (addressed in Unit 2).  Article III actually only creates the Supreme Court. Under the Constitution, Congress has the power to create all other courts.  An impartial judiciary was important to the Framers. They wanted to be sure that judges were free from political influence. To do so, the Framers required that federal judges be appointed by the President and confirmed by the Senate. They also provided federal judges with lifetime appointments and prohibited the lowering of their pay while in office. It may be interesting to discuss this difference between state and the federal judiciary. In Michigan, judges run for office (they are elected, not appointed). What problems are presented by having judges elected rather than appointed? Ask students whether they have observed political advertisements for judges in the State of Michigan. Display some political campaign materials for local judicial offices. Have students discuss with their parents whether they think judges should be elected or appointed in the State of Michigan. Encourage students to discuss the advantages and disadvantages of each system (appointed or elected).  In writing the Constitution, the judicial branch caused the least dispute among the Framers of the Constitution. They had experience with court systems in the colonies.  A national judiciary was important to the Framers because it was the tribunal that would decide cases:  Involving the Constitution or federal laws or treaties;  Affecting ambassadors or counsels;  Where the United States government is a party;  Between two or more states;  Between citizens of different states.

Discuss the problems under the Articles of Confederation. For example, there was much disorganization due to the lack of a national court system under the Articles of Confederation.  The Framers were aware that the accusation of treason would carry serious consequences. They also felt the need to preserve citizens’ rights to criticize the government. To allow people to be accused of treason when the nation was not at war might have curtailed the freedom of speech.

5. Divide students into groups of three. Distribute The Federal Courts in American Government listed in the Student Resource section of the lesson. Have students read the article.

January 22, 2007 SCoPE SS080108 Page 3 of 6 Middle School Social Studies The United States Constitution as a Living Document Nineteenth Century American History 6. Next, have students conduct a jigsaw reading with the articles, “The Federal Courts and Congress,” “The Federal Courts and the Executive Branch,” and “The Federal Courts and the Public” listed in the Student Resource section. In a jigsaw reading, each student has something different to read. Have students divide up the articles among the group members. Make copies of “Jigsaw Reading: The Judicial Branch,” located in the Supplemental Materials (SS08010801.doc) and distribute to each student. Provide students five minutes to read and take any notes they might need using the handout. Explain to the class that each student in the group is responsible for teaching the other group members about the information in their assigned reading. After students have completed the readings, have them engage in a jigsaw discussion of the information.

7. As a class, discuss the following questions:  What is the relationship between the judicial and legislative branches?  What is the relationship between the judicial and executive branches?  How is the federal judicial process open to the public?

8. Explain to the class that in general, there are two types of court cases: civil and criminal. Ask the class to draw on prior knowledge to describe these differences. Record students’ responses on the board or an overhead project.

9. Make copies and distribute “Civil and Criminal Cases,” located in the Supplemental Materials (SS08010801.doc) to each student. Have students read the story. Explain to the class that through this case, they will learn the difference between criminal and civil cases. Explain that two types of cases can be brought to court based on the fact pattern students just read. A criminal case could be brought against Tom and Jim for theft (larceny). In a criminal case, the court must determine whether someone has broken a law that prohibits a certain kind of activity. These laws serve to protect the entire community. In other words, the law serves to protect society as a whole, or the common good. In this case, Tom and Jim took the Smith’s property without their permission. In criminal cases, the government is always one of the parties in the case. In this case, it would be the State of Michigan versus Tom and Jim. If a federal law were broken, one of the parties would be the United States government. In a criminal case, the government (federal, state, or local) brings the case to court.

The State may prosecute Tom and Jim for depriving the Smith’s of their property. In order to convict Tom and Jim, the State would have to prove beyond a reasonable doubt that Tom and Jim took the Smith’s property. The penalty would be established by law, but could possibly include community service, a fine, and/or imprisonment.

A civil case could also be brought against Tom and Jim. A civil case is one that is brought by private individuals. In this situation, the Smiths could bring a claim against Tom and Jim The court must determine if one party has caused harm to another party. These cases deal with right and duties between individuals. The Smiths would seek damages (money or compensation) to compensate them for the losses they sustained. Unlike criminal cases where the government must prove beyond a reasonable doubt that a crime was committed and the individual committed the crime, a civil case requires a lower standard of proof. The person bringing the case must prove that a preponderance of the evidence supports the claim. In

January 22, 2007 SCoPE SS080108 Page 4 of 6 Middle School Social Studies The United States Constitution as a Living Document Nineteenth Century American History other words, the Smiths must prove that is was more likely than not that Tom and Jim took their property (bicycles).

10. Divide students into small groups of three or four students each. Make copies and distribute to students “Comparing Civil and Criminal Cases,” located in the Supplemental Materials (SS08010801.doc). Have students use the case they read in Step 8 as well as the discussion from Step 9 to discuss and complete the chart. As a class, review the difference between civil and criminal cases.  Parties – Civil cases are brought by individuals about while the government (federal, state, or local) brings criminal cases to court.  Civil cases are about rights and duties of individuals to each other. Criminal cases are about the violation of laws (federal, state, or local).  The penalty or remedy in civil cases is compensation (money or other) for damages. In criminal cases, the penalty or remedy may be punishment (monetary or imprisonment), an attempt to rehabilitate the offender or deter others from engaging in like conduct in order to preserve the peace.  The burden of proof in civil cases is a preponderance of the evidence (more likely than not). In criminal cases, the government must prove the accused guilty beyond a reasonable doubt.

11. Using the story “Civil and Criminal Cases” from the Supplemental Materials (SS08010801.doc), discuss how the rule of law protects individual rights and serves the common good. Write the following italicized statements on the board or overhead transparency:  The rule of law is related to the concept of limited government. Discuss how the Constitution grants the federal government only those powers listed in the Constitution. While any other governmental powers are reserved for the states, the Constitution sets the floor or minimum that no government can intrude upon with respect to individual rights.  The rule of law means that no person is above the law, including governmental officials. Ask students whether the President should receive the same treatment for violating a law as another person would. Explain that our government is a government of laws, not men.  The law must be applied equally to all people in all situations.  Government decisions are made according to written law and rules. Ask students, “What is the ultimate authority in the United States?” Discuss with students that the Constitution is the supreme law of the land. The Supreme Court has the power to declare any law or governmental action (federal, state, or local) that contradicts the Constitution unconstitutional.  Government sanctions cannot be made up after the fact (ex post facto).

12. Discuss with students the concept of limited government. Begin by writing the following on the board or overhead transparency:  Limited government is based on the principle that government should perform only the functions that the people have given it power to perform.  The powers of government are usually written down in a constitution.  The United States federal government, as well as every state, has a constitution.

January 22, 2007 SCoPE SS080108 Page 5 of 6 Middle School Social Studies The United States Constitution as a Living Document Nineteenth Century American History 13. Have students explore the following scenarios by identifying whether the cases is a criminal or civil case and explaining how the rule of law and limited government protect individual rights and serve the common good.  The State of Nevada passes a law that prohibits its citizens the right of free speech in public places. A citizen of Nevada brings a case against the State of Nevada for violating her constitutional rights. (This is a civil case. The rule of law and limited government prevent the State of Nevada from enforcing laws that contradict the Constitution’s right of free speech.)  The State of Maryland brings a case against a person accused of terrorizing the neighborhood by random shootings. (This is a criminal case. The rule of law requires that the accused be afforded due process and a fair trial.)  A patient sues his doctor for leaving a sponge in his body after surgery. (This is a civil case. The rule of law requires that the patient and doctor be afforded the same treatment under the law as others in a similar situation.)  Congress passes a law prohibiting the press from publishing anything negative about the President of the United States. A newspaper brings a case to have the law declared unconstitutional. (This is a civil case. The rule of law and limited government prevent the government from enforcing a law that would contradict the Constitution’s right of freedom of the press.)

Assessment The discussion in Step 13 serves as an informal assessment of student learning. Alternatively, have students locate recent Supreme Court decisions or provide a capsule summary of several Supreme Court cases to students. After reading the summary, have students explain in writing how the rule of law and limited government protect individual rights and serve the common good.

Application Beyond School Students read about current Supreme Court cases in the newspaper or listen to reports in the media. They could continue to watch for the decision and report their opinions when the case is complete. By understanding how the rule of law and limited government helps to limit the power of government and protect the rights of individuals, they will be better prepared to preserve and protect their rights.

Connections English Language Arts When students share and discuss answers, they practice the speaker’s craft.

When students engage in a jigsaw reading, they read informational text for understanding.

January 22, 2007 SCoPE SS080108 Page 6 of 6