In your Interactive Notebook Unit 2 Lesson 6

In your Interactive Notebook: Unit 2 - Lesson 6 Supreme Court & Judicial Review Warm Up (In google doc): How does the Supreme Court interpret • List everything you know and protect the Constitution? about courts. ESSENTIAL VOCABULARY for lesson: • What makes the Supreme • Article III, Independent Judiciary, Chief Court different than other Justice, Associate Justice courts? • Supremacy Clause, Marbury v. Madison, LESSON ESSENTIAL QUESTION: • Judicial Review, Precedent, Constitutional, Unconstitutional, Majority Opinion, Minority / Dissenting Opinion, Concurring Opinion Strict interpretation of the constitution, Loose interpretation of the constitution

In your Interactive Notebook: Unit 2 - Lesson 6 Supreme Court & Judicial Review • Lesson 6 Performance Task: Write your own supreme court opinion for two cases we will study. For each: – – Describe the facts of the case & identify the constitutional arguments made by each side. What part of the Constitution does the Court have to interpret? Evaluate each argument made & indicate what you believe are the strongest arguments on each side. Write 2 -4 sentence opinion explaining how you would rule in the case if you were a supreme court justice. Your opinion should indicates the part(s) of the constitution that helped you make up your mind. Indicate whether your point of view is consistent with the Majority or Dissenting opinion issued in the case by the actual Supreme Court. • Class Website: – www. mrggcivivcs. weebly. com DEADLINES & HOMEWORK: • Test Corrections: By Wed 2/18 • Performance Task Deadlines: – – • Vocab Quizzes – – – • Lessson 2: Today (start of class) Lesson 3: Today (End of class) Lesson 4: Due Now Lesson 5: Due tomorrow Lesson 2 Lessons 3 -5: Lessons 6 -7: ______ Unit 2 A Test: 2 classes from now

Article 3 -Judicial Branch

The Supreme Court • 9 Justices (1 Chief Justice; 8 associate justices) • Lifetime terms – appointed by President; confirmed by Senate – Legal training NOT required by constitution

Wait, they’re on the court forever? why a lifetime appointment? ? ? • Judges are supposed to be non-partisan – Job is to interpret the law, not make it • Judicial independence – Legal rulings should be based on the Constitution & the law, not on politics – Judges should not be influenced by the President or the Senate

Politics of the Court • Current Court: – 5 appointed by Republican Presidents • (2 by G. W. Bush, 1 by G. H. W. Bush, 2 by Reagan) – 4 appointed by Democratic Presidents • (2 by Obama, 2 by Clinton) – Longest serving Justice: Antonin Scalia (appointed 1986) – Newest Justice: Elena Kagan (appointed 2010)

Powers of Supreme Court • Judicial Review – power of the court to decide if laws are constitutional or unconstitutional – “unconstitutional” means it violates the constitution • Courts can “strike down” Federal or State laws that are unconstitutional – meaning that those laws are illegitimate and no longer valid – Why can Federal courts strike down state laws? • Federal Supremacy Clause!

Marbury v. Madison • Supreme court case that established the power of JUDICIAL REVIEW • Supreme court can “STRIKE DOWN” or throw out any law that it thinks violates the constitution – MARBURY V. MADISON = JUDICIAL REVIEW

Quick Write: • What is the power of judicial review and why is it important?

Majority & Minority Opinions Majority Opinions Minority / Dissenting Opinions • At least 5 justices • Legally binding • Sets court precedent • 1 -4 justices • Explains basis for disagreement with Majority opinion • Sometimes leads to cases being re-considered later: Concurring Opinions • Agrees with majority opinion but for different reasons – Plessy v. Ferguson was overturned by Brown v. Board

Interpreting the Constitution • Strict Construction – The constitution means exactly what it says • We must limit government power • Laws that go beyond what the constitution says are unconstitutional • Examples of Strict construction – No right to privacy • Constitution does not mention privacy – No affirmative action • Would be discrimination against white people • Loose Interpretation – Constitution is designed to be flexible • Founders could not predict everything – Constitution is a living document: its meaning can change with the times • Examples of loose interpretation: – There IS a right to privacy • Right is IMPLIED by 4 th & 9 th amendments – Affirmative Action IS constitutional • needed to correct historical injustices

How Presidents shape the Court • presidents nominate Judges & Justices who share their views on the constitution – Republicans / conservatives favor strict construction – Democrats / liberals favor loose interpretation

Precedents • Precedent -- opinion by a court that DECIDES an important legal question; – Once a decision is made, it is rarely changed • Supreme Court opinions create precedents that MUST: – Be followed by all other courts – Be enforced by the Executive branch – Be respected by Congress

Stare Decisis • Stare Decisis – “let it stand” – Idea that once the court decides something, it sets a “precedent” • courts don’t need to answer that question again

Computer Game – DECIDING THE LAW • Log into i. Civics: www. icivics. org 1. Find and play the “Supreme Decision” game • Complete handout with the activity as you play; turn this in 2. INDIVIDUALLY, Complete the Handout: “’Supreme’ in Supreme Court” (activity 1 & 2) • Do both sides 3. With a partner (or on your own), continue to the handout with “even my life” – Activities 3 & 4. Figure out how each supreme court case listed creates a precedent that affects your life.

Review Questions A B 1 9 5 2 Lawyer Judge 3 Lawyer Judge 4 9 5 5 Opinion Resolution 1. 2. 3. 4. 5. How many justices sit on the Supreme Court? Who makes oral arguments in the court room? Who asks questions in the courtroom? How many justices are needed to decide a case? What is a decision by the Supreme Court called?

WORK TIME: • Go to www. icivics. org & play the “supreme decision” game • Group Work: – “Supreme” in Supreme Court: • Part One: Ben’s Case: Match each answer based on the game you played • Part Two: Savana’s Case: – READ the information presented: » Underline her constitutional right » Put a star next to the key word that let’s you know whether that right applies in her case or not » Circle the name of the case that provided a PRECEDENT » Put stars next to the key factors from the precedent that lets you know it applies – Fill out the graphic organizer on the back side • Individual Work: – Read the intro & the description of each case – For each case described, indicate how that case affects us today • Go back to www. icivics. org & play another game: ARGUMENT WARS

Performance Task: Research & Decide Supreme Court Cases 1. 2. Familiarize yourself with case analysis graphic organizer Log into www. icivics. org; remember class code: Marshall 13395 – • 3. Play game: “Argument Wars” – Select TWO of these cases: New Jersey v. TLO; Gideon v. Wainwright; Miranda v. Arizona; Texas v. Johnson; Brown v. Board As you play, use the graphic organizer to: Describe the facts/ background of the case Identify constitutional & legal issues involved Identify the arguments supporting each side Evaluate those arguments Make a decision: what do you think the right ruling is based on the Constitution? – Describe the majority opinion & explain its legal basis – – – FOLLOW RUBRIC AS YOU COMPLETE & SUBMIT PERFORMANCE TASK

Exit Ticket / Share Out • What are the key

Supreme Court Precedents • Plessy v. Fergusson (1896) – Homer Plessy was a light skinned black man in Louisiana. He often passed for white. – Louisiana laws required that whites and blacks ride on separate train cars. – Plessy boarded a whites only rail car & made sure the conductor knew he was black. – Plessy was arrested.

Plessy v. Fergusson (1896) • Plessy files a lawsuit saying that the 14 th Amendment guarantees equal access to public facilities. • Eventually the Supreme Court takes the case.

Plessy v. Fergusson (1896) • Court Ruling: – The Louisiana law is upheld. – Court rules that separation of the races is acceptable, as long as each race receives equal treatment. – Blacks and whites both had their own train cars, so the court said this was OK. – ESTABLISHED THE PRECEDENT OF SEPARATE BUT EQUAL

Landmark Cases: Group Work • Each group will read and learn about an important Supreme Court opinion. Groups will: – Read about an assigned Supreme Court case – Use a graphic organizer to identify: • • Key facts in the case Legal & constitutional issues involved The Majority Opinion The precedent set by the case (ie, why it matters today / its significance for us and our daily lives) – Present the case to the class. Each group member should participate in the presentation. (FORMAT FLEXIBLE: skit, poster, google slides, prezi, etc. ) • One student describes the background of the case • One student explains the legal and constitutional issues involved • One student gives the courts opinion & describes the precedent

1. 2. Groups & Cases Read assigned case and complete graphic organizer Plan how to teach your case to the class. Options include: – – A skit that you narrate/explain; google slide presentation; other creative options Focus on constitutional rights involved in each case; be sure you can describe how the facts in each case bring constitutional issues into play Group Case # 1 Case #2 1 Brown v. Board of Education Shenck v. U. S. 2 Miranda v. Arizona Texas v. Johnson 3 Mapp v. Ohio Engel v. Vitale 4 Gideon v. Wainwright Tinker v. Des Moines 5 Tinker v. Des Moines U. S. v. Jones 6 NY Times v. US Hazelwood v. Kuhlmeier 7 New Jersey v. TLO Gideon v. Wainwright 8 Korematsu v. U. S. Bethel v. Fraser 9 Roe v. Wade Mapp v. Ohio 10 Engel v. Vitale New Jersey v. TLO

Exit Ticket • Give an example of the Supreme Court using the power of Judicial Review.

Essay Check List Checklist: Start by logging into Edmodo and/or NC Write q I have picked a topic q I have read and I understand the rubric q I have researched my topic and recorded my research from four articles using either the research note template q I am logged into NC Write and created an outline www. ncwrite. com • LOGIN: your student ID # • PW: your birthdate MMDDYYYY q I have written the body paragraphs using ACES format q I have written an introduction and conclusion and submitted my essay q I have made changes based on the comments and suggestions from Mr. G-G and a classmate q DONE? Play “ARGUMENT WARS” AT WWW. ICIVICS. ORG