UNDERSTANDING BY DESIGN®
Enduring Understanding
- Courts have the power of judicial review—the power to overturn laws or government actions that violate the Constitution.
- The selection process for Supreme Court justices is affected by a candidate’s judicial record, writings and speeches, and political party affiliation.
Essential Questions
- What influences how the Supreme Court selects cases, decides cases, and interprets the Constitution?
- What affects the selection process for Supreme Court justices?
Students will know:
- the function of the Supreme Court.
- how the Supreme Court decides which cases to hear.
- that judicial review, which was established in Marbury v. Madison, is a key power of the judicial branch.
- that the three different ways a case can reach the Supreme Court are original jurisdiction, appeals through state court systems, and appeals through the federal court system.
- how cases are argued and decided by the Supreme Court.
- that an amicus curiae brief explains why a case is important to a special-interest group.
- that decisions of the Supreme Court become law.
- that the Supreme Court’s decisions are influenced by public opinion and the values of society.
- the constitutional requirements for a Supreme Court justice.
- the nomination process for Supreme Court justices.
- that presidents prefer to nominate individuals to the Supreme Court who have integrity, expertise, and a thorough understanding of the law.
- to what extent the Supreme Court justices are representative of the country.
- that supporters of judicial restraint believe that the Supreme Court should not take initiative on social and political issues.
- that supporters of judicial activism believe that the Supreme Court should actively help settle difficult social and political issues.
- that the principle of stare decisis says that once the Court rules on an issue, a precedent is set on which to base other decisions raising the same legal issue.
- the different judicial philosophies and the role they play in Supreme Court decision making.
- that the power of the Supreme Court is checked by the president and the Congress.
Students will be able to:
- explain the function of the Supreme Court.
- analyze important Supreme Court cases.
- identify the ways cases reach the Supreme Court.
- outline how cases are argued and decided by the Supreme Court.
- explain what an amicus curiae brief is and how it influences the court.
- describe the outside influences on Supreme Court decisions.
- explain how Supreme Court justices are nominated and confirmed.
- identify the qualities a president looks for in a Supreme Court nominee.
- debate whether judges should be appointed to life terms.
- compare and contrast judicial activism and judicial restraint.
- identify different judicial philosophies and the role they play in Supreme Court decision making.
- explain how the legislative and executive branches serve as a check on the powers of the Supreme Court.
Predictable Misunderstandings
Students may think:
- that the Supreme Court exists to hear cases that have not been decided by lower courts. While this is somewhat true, students should understand that the Supreme Court is specifically interested in cases that deal with a dispute over the rights set forth in the Constitution, a disagreement over the application of a federal law, and cases that will have national impact.
- that the Supreme Court’s rulings are strictly enforced. On the contrary, while the decision of the Supreme Court carries the weight of law, there is nothing to enforce the decision. The federal government must comply, but it is up to the lower courts and states to follow suit. There are many examples in American history where unpopular rulings have been met with stiff resistance (“separate but equal,” racial integration, abortion, homosexual marriage, etc.).
- when the president names a new Supreme Court justice, that person steps into the role immediately. In reality, the president is merely nominating a new justice, and that nominee is subject to a Senate confirmation process during which a panel of senators interviews the candidate and then holds a majority vote to accept or reject him/her.
Assessment Evidence
Performance Tasks:
- Hands-On Chapter Project
Other Evidence:
- Guided Reading Activities
- Vocabulary Activity
- Lesson Quizzes
- Chapter Tests, Forms A and B
SUGGESTED PACING
½ day — Introducing the Chapter
1 day — Lesson 1
½ day — Lesson 2
½ day — Lesson 3
1 day — Lesson 4
½ day — Chapter Wrap-Up and Assessment
4 Days — Total
DIFFERENTIATED INSTRUCTION
The activities presented are suitable for all levels. Modifications for student ability levels are available for many of the activities. The types of modifications available are indicated by the icons below.
Approaching Level
Beyond Level
English Language Learner
All students benefit from activities that utilize different learning styles. Activities are designated with the labels below to help you differentiate teaching by the types of learners.
Intrapersonal
Logical/Mathematical
Visual/Spatial
Verbal/Linguistic
Interpersonal
Auditory/Musical
Kinesthetic
Naturalist