Britto, Spring 2014

UNIT OVERVIEW& RATIONALE

This unit is on the Judicial Branch of the United States Federal Government. Students will explore the overall structure of the Judicial Branch and analyze how the Judicial Branch has changed in size and structure over time. Students will learn the powers of the Judicial Branch, and how these powers have originated and changed over time. Specifically students will analyze and understand the concept of Judicial Review and the concepts of Judicial Activism and Judicial Restraint. The vast majority of the unit will focus on the protocols and influence of the Supreme Court. Students will participate in a mock court focusing on a court case which has yet to be decided. The case in question for this specific unit (Spring 2014) is Townof Greece v Galloway, which centers on whether or not the Town of Greece is allowed to say a prayer before their Town of Supervisors Meetings. While the case has been heard (November 2013), the decision has yet to be announced. The study of an unresolved case helps students develop critical thinking skills and allows for students to think freely and form their own opinions without the worry of a “correct” answer. The case also allows for students to understand the complex and long process that takes a court case from the District Level all the way to the Supreme Court.

Development in student writing is the major skills objective embedded into this unit of study. Students will write informally 2-3 times a week in an informal manner. While preparing for the mock court oral arguments students will gather information pertaining to the case, which will then be used as sources in a formal writing assignment. As 20% of their unit assessment students will assume the role of a Supreme Court Justice and write a formal Majority or Dissenting Opinion piece. This mock court process in conjunction with the thorough examination of principal documents such as the Constitution and landmark Supreme Court cases will allow students to develop the necessary content and skills to fully participate in the political process. Lastly, this unit is the last of the three powers, and will help reinforce student knowledge on the Legislative and Executive Branch. At the end of the unit students should be able to describe how the three branches interact. Following this unit student will be able to build upon their Judicial Branch knowledge by examining Civil Liberties and Civil Rights in the following month (late March/April).

I have chosen to extend the Unit by a couple of days to incorporate the mock court and majority opinion, as I feel the assignments create authentic experiences for students which are more engaging and allow students to develop necessary skills. The mock court process requires students to complete online research and develop persuasive and fact based arguments. Such arguments are then presented both orally and in a text form (the majority/dissenting opinion). To ensure the success of my students I have worked scaffolding into the plan numerous times. For example students practice annotation skills when looking at Article III of the Constitution and they keep a journal for research.

GOALS AND ESSENTIAL QUESTIONS:

Essential Questions:

1.How can individuals influence change in the Judicial Branch?

2.Where does the Judicial Branch get its power?

3.Should the Judicial Branch influence public policy and to what extent?

4.How has the Supreme Court evolved over time?

Goals:

  1. TSW examine the role and power of the federal Judiciary Branch as it has changed over time.
  2. TSW understand how the Judicial Branch interacts with both the Legislative and Executive Branches respectively.
  3. TSW understand the process behind a Supreme Court Decision.
  4. TSW develop better research and writing skills through participation in a mock court and written assessment piece.

OBJECTIVES:

  1. TSW correctly define the 4 types of jurisdiction and identify the types of jurisdiction held by the various federal courts.SOL GOV.10A,
  2. TSW examine the concept and impact of judicial review by comparing and contrasting Article III of the United States Constitution and Marbury v. Madison (1803).SOL GOV.1, SOL GOV.10B, NCSS VI, NCSS X
  3. TSW correctly describe the process behind a Supreme Court decision.SOL GOV.10C, NCSS VI, NCSS X
  4. TSW develop research and writing skills by writing a well-supported Majority/Dissenting Supreme Court Opinion.SOL GOV.1, NCSS VI, NCSSX
  5. TSW compare the differing philosophies of those supporting judicial activism and judicial restraint.SOL GOV.10D, NCSS VI, NCSS X
  6. TSW evaluate the role of the Federal Judiciary system and its’ on American society.SOL GOV.10E, SOL GOV.1, NCSS VI, NCSS X

STANDARDS:

VA SOL:

GOVT.1The student will demonstrate mastery of the social studies skills responsible citizenship requires, including the ability to:

a)analyze primary and secondary source documents;

b)create and interpret maps, diagrams, tables, charts, graphs, and spreadsheets;

c)analyze political cartoons, political advertisements, pictures, and other graphic media;

d)distinguish between relevant and irrelevant information;

e)evaluate information for accuracy, separating fact from opinion;

g)select and defend positions in writing, discussion, and debate.

GOVT.10 The student will demonstrate knowledge of the operation of the federal judiciary by:

a)describing the organization, jurisdiction, and proceedings of federal courts;

b)examining how John Marshall established the Supreme Court as an independent, co-equal branch of government through his opinion in Marbury v. Madison;

c)describing how the Supreme Court decides cases;

d)comparing the philosophies of judicial activism and judicial restraint;

e)evaluating how the judiciary influences public policy by delineating the power of government and safeguarding the rights of the individual.

NCSS:

VI. Power, Authority, and Governance: Explain the purpose of government, examine the rights and responsibilities of the individual in relation to greater society, and recognize the tension between the needs of individuals and groups, especially in relation to concepts such as fairness, equity, and justice.

X: Civic Ideals and Practices: understanding the ideals of democratic republican government such as individual human dignity, liberty, justice, equality, and the rule of law and allowing for students to analyze and evaluate public issues through civic discussion.

Outline of Content:

  1. Basic Structure of the Judicial Branch
  2. Examination of Article III -> What did the Founding Fathers envision for the Judicial Branch? Is this what we currently have?
  3. Levels of the Federal Judiciary
  4. U.S. District Court (Trial Court)
  5. U.S. Court of Appeals
  6. U.S. Supreme Court
  7. Jurisdiction Definitions
  8. Exclusive: certain cases can only be tried in federal court
  9. Concurrent: cases can be tried in either federal or state court
  10. Original: the authority of a court to hear a case first
  11. Appellate: the authority of a court to review decisions of a trial court
  12. Matching Jurisdiction with the Courts
  13. District Court: Original
  14. Appeals Court: Appellate
  15. U.S. Supreme Court: Appellate and limited original
  1. Supreme Court & It’s Role:
  2. Members
  3. Article III: gives Congress the power to set the # of Justices
  4. Judiciary Act of 1789 calls for 6
  5. Shifted numbers between 6 and 10 until the Circuit Judges Act returned the # to 9, where it has remained since 1869
  6. Congress could theoretically change the #. Check by the legislative branch.
  7. Serve life terms ->Why? Does this make them impartial to public opinion so they can make unbiased decisions or does it give them free reign?
  8. May be impeached and convicted by Congress.
  9. One impeachment: Samuel Chase, March 1804
  10. How are the Justices chosen? Appointed by President, Confirmed by Senate.
  11. Check by both the Executive and Legislative Branch
  12. Of the 9 Justices 1 is chosen to be Chief Justice
  13. Judicial Review:
  14. Definition
  15. Origins
  16. Not in Article III
  17. Marbury v Madison: Marshall asserts Judicial Power
  18. Limitation:
  19. Andrew Jackson: Cherokee Indian Removal
  20. Brown v Board: Massive Resistance in Virginia
  21. Supreme Court Proceedings:
  22. Case selection:
  23. Petition for certiorari
  24. Outside groups write amicus briefs
  25. Once selected, both sides write merit briefs to demonstrate their main points
  26. Oral arguments
  27. Judges can interrupt lawyers at any time and ask questions
  28. Conference: Justices discuss and vote
  29. Opinion: Formal decision is released. A justice is selected to write a majority opinion and a justice can elect to write a dissenting opinion if they so desire.
  30. Must involve a question of federal statutory or constitutional law
  31. Original jurisdiction when it’s between two states
  32. Judicial Activism versus Judicial Restraint
  33. Judicial Activism: court should intervene in societal issues
  34. Judicial Restraint: court should only use judicial review when absolutely necessary. Court should use a narrow scope when deciding cases

Assessment and Evaluations:

Diagnostic:

  • First Do Now asking students what they know about the Judicial Branch. Write responses out on paper and/or computer. Compare them to last Do Now with the same question.

Formative:

  • Daily Do Nows reinforcing learned material or framing questions for new material
  • Completion and accuracy of classwork including annotation of Article III, graphic organizer charts pertaining to the different levels of the federal government, and the Supreme Court processes.
  • 2-3 informal journal entries a week
  • Participation in group discussion and research for mock court

Summative:

  • Vocab Quiz (part of class routine)
  • Mock Court: Town of Greece v Galloway
  • Town of Greece v Galloway formal opinion piece (20% of Unit Test Grade)
  • Unit Test

Mock Trial Writing Assignment:

Imagine you are a Supreme Court Justice. You have just heard the Town of Greece v Galloway case and finished discussing the decision with your fellow Justices. What is your opinion on the case? Do you rule in favor of the Town of Greece? Or do you find their customary prayers before town hall meetings to be a violation of the Establishment Clause?

For this assignment you will be writing either the Majority or Dissenting opinion (depending on your view and the Court’s decision). You must include and cite supporting evidence in your opinion piece using previous court cases to support your claim. Your Majority or Dissenting opinion should be written in a formal manner.

DUE DATE: Same day as the unit test. This assessment will count for 20% of your unit test grade. As a result there will be no essay questions on your unit test.

Mock Trial Writing Assignment Rubric:

Category / 4: Above Standards / 3: Meets Standards / 2: Approaching Standards / 1: Below Standards
Position Statement / The position statement provides a clear, strong statement of the author's position on the court case. / The position statement provides a clear statement of the author's position on the court case. / A position statement is present, but does not make the author's position on the court case. / There is no position statement.
Support for Position / Includes 3 or more pieces of evidence (other court cases, historical documents/quotes, case arguments) that support the position statement. The writer cites all information. / Includes 3 or more pieces of evidence (other court cases, historical documents/quotes, case arguments) that support the position statement. / Includes 2 pieces of evidence (other court cases, historical documents/quotes, case arguments) that support the position statement. / Includes 1 or fewer pieces of evidence (other court cases, historical documents/quotes, case arguments).
Formality/Style / All sentences are well-constructed with varied structure. Author makes no errors in grammar or spelling that distract the reader from the content. / Most sentences are well-constructed and there is some varied sentence structure in the essay. Author makes 1-2 errors in grammar or spelling that distract the reader from the content. / Most sentences are well constructed, but there is no variation is structure. Author makes 3-4 errors in grammar or spelling that distract the reader from the content. / Most sentences are well constructed, but there is no variation is structure. Author makes 3-4 errors in grammar or spelling that distract the reader from the content.
Comments:
Day 1 / Day 2 / Day 3 / Day 4 / Day 5
Topic:
Introduction to the Judicial Branch
Objectives: 1, 2, 6
Event:
Intro: What is purpose/role of the Judicial Branch?
Vocab
Assessment:
Formative observation of participation, vocab worksheet / Topic:
Judicial Branch According to the Constitution
Objective: 2, 6
Event:
Analysis of Article III: modeling of annotation
Assessment:
Formative observation of participation, graphic organizer / Topic:
Current Structure of the Judicial System
Objective: 1,
Event:
Notes on current structure
Checks and Balances
Assessment:
Formative observation of participation, graphic organizer / Topic:
Marbury v Madison and the creation of Judicial Review
Objective: 2, 5
Event:
Street Law Activity
Judicial Activism v Restraint
Assessment:
Formative observation of participation, Journal entry / Topic:
Supreme Court Specifics & Court Process
Objective: 1, 3
Event:
Vocab Quiz
Introduction to Mock Court Case
Assessment:
Summative assessment of vocab; formative observation of participation
Day 6
Topic:
Mock Court
Introduction
Objectives 3,4,
Event:
Class analysis of Town of Greece v. Galloway
Assessment:
Formative Journal about their initial views on the case. / Day 7
Topic:
Mock Court Research
Objectives: 3, 4
Event:
Computer Lab Research
Assessment:
Formative observation of participation; Journal about their research / Day 8
Topic:
Mock Court Trial
Objectives: 3, 4, 6
Event:
Mock Court Trial
Assessment:
Formative observation of trial; Journal entry on reaction to court decision / Day 9
Topic:
Majority Opinion
Objective: 3, 4, 6
Event:
Computer Lab day to work on Opinion Piece
Assessment:
Formative observation of Opinion (eventually will be Summative) / Day 10
Topic:
Test Review
Objective: 1, 2, 3, 4, 6
Event:
Test Review Game/ Work on Study Guide
Assessment:
Formative observation of participation
Day 11
Topic: Test
Objective: 1, 2, 3, 4, 5 ,6
Event: Test
Assessment: Summative assessment of Judicial Unit; writing skills

Daily Lesson Plans

Day 1 2AB: Tuesday, February 25

  • Do Now: “What is the role of the judicial branch?” 5-7 minutes
  • Current Events: 7-10 minutes
  • Discussion of the Do Now: Write down roles, will look at them at the end of the unit 5-7minutes
  • MainActivities: Video:
  • Civil or Criminal:10-12 minutes
  • Collectively the class will look at 2-3 real life cases and decide whether or not they are civil and criminal
  • Will go over the idea of double jeopardy and appeal: double jeopardy means you cannot be tried more than once, as in you cannot be convicted more than once. However, if you are guilty you can appeal the decision.
  • Can be charged with a criminal case, then be acquitted and charged with a civil case.
  • Ex: wrongful death: OJ Simpson, sue companies for death
  • Vocab 10-15 minutes (the rest of class) Note: Vocab should be given out after the previous test. If not, then the video activity will be modified and broken up between Day 1 and Day 2.

Day 2 2AB: Wednesday, February 26

  • Do Now: “What are the differences between civil and criminal cases? What issue is at hand in each case? What type of evidence is used in each case?”5-7 minutes
  • Current Events: 7-10 minutes
  • Discussion of the Do Now: 5-7 minutes
  • Main Activity: Analysis of Article III of the Constitution 20 minutes
  • Teacher-Made worksheet
  • Go over answers with PowerPoint -> modeling of annotation

Day 3 2AB: Thursday, February 27

  • Do Now: “How did the Founding Fathers envision the Judicial Branch?” 5-7 minutes
  • Current Events:7-10 minutes
  • Discussion of the Do Now: 5-7 minutes
  • Main Activity: Direct instruction/Notes 20-25 minutes
  • Federal Judiciary PowerPoint
  • Completion of Notes. Students will have modified copies of the Power Point
  • Remind students to pull out their vocab sheets, as we will be going over some of the terms and they may like to add some more to their definitions.

Day 4 2AB: Friday, February 28

  • Do Now: “When does the Supreme Court have original jurisdiction?” 5-7 minutes
  • Current Events:7-10 minutes
  • Discussion of Do Now:5-7 minutes
  • Main Activity: Marbury v Madison and the creation of Judicial Review20-25 minutes
  • Modified Street Law Activity:
  • Use Case Background and Questions, medium reading level
  • May differentiate for students w/ lower & higher reading levels accordingly
  • Use Judicial Review Political Cartoon
  • Judicial Activism v Judicial Restraint Journal Entry

Day 5 2AB: Monday, March 3

  • Do Now: Prepare Yourself! (for the Vocab quiz) 7-10 minutes
  • Main Activity: Vocab Quiz 15-20 minutes
  • Current Events:7-10 minutes
  • Introduction to Mock Court Case assignment, announcement of teams10 minutes

Day 6 2AB:Tuesday, March 4

  • Do Now: “Go Way Back in the Vault: What does the first amendment say about religion?” 5-7 minutes
  • Current Events:7-10 minutes
  • Discussion of Do Now:5 minutes
  • Main Activity: Greenway v Town of Greece In-Class Research 25 minutes
  • Whole Class:
  • Timeline of Religion
  • Will have some printed case descriptions by Oyez, Landmark Cases
  • Constitution and Landmark Case descriptions are in Textbook
  • Journal
  • Include research notes
  • Last 5 minutes: Write down a draft for your oral argument.

Day 7 2AB:Wednesday, March 5

  • Do Now: We are going to the computer lab for all of class to conduct research. Do not unpack.
  • Current Events:7-10 minutes
  • Main Activity Computer Lab Research 40 minutes/all of class
  • Websites to consider
  • Oyez
  • Landmark Cases
  • Bill of Rights Institute
  • Journal 10 minutes: work on your oral arguments. You may add new cases or write a new draft of your oral argument.

Day 8 2AB:Thursday, March 6

  • Do Now: Prepare Yourself for the trial! Look over your notes and meet your group members to coordinate your arguments! 10 minutes
  • Main Activity: The Trial 40 minutes
  • 10 minutes each side
  • 10 minutes for the judges to decide
  • Do current events with the rest of the class while this is going on
  • Announcement of Decision
  • 5 minute Journal Response to Decision/ Judges can write about they reached the decision
  • 15 minute class discussion on the result, case, experience, etc

Day 9 2AB: Friday, March 7