This lesson exposes students to the judicial branch and the power of judicial review. They will read about an actual Supreme Court case, Torcaso v. Watkins, to see how the judicial branch used its power of judicial review to strike down an unconstitutional state law.
Article III: The Judicial Branch
Article III establishes the judicial branch of government, which is responsible for interpreting the laws. At the highest level, the judicial branch is led by the U.S. Supreme Court, which today consists of nine justices. In the federal system, the lower courts consist of the courts of appeals and the district courts. Learn more about judicial independence and judicial review in the National Constitution Center’s learning module.
An Independent Judiciary: Cherokee Nation v. Georgia and Cooper v. Aaron
This documentary explores the Supreme Court cases Cherokee Nation v. Georgia (1831) and Cooper v. Aaron (1958) that defined our understanding of the role of the judiciary. In Cherokee Nation, the Supreme Court ruled it lacked the jurisdiction to review the claims of an Indian nation in the U.S. In Cooper v. Aaron, the Court affirmed that its interpretation of the Constitution was the “supreme law of the land” and that states were bound by its decisions. A PDF lesson guide is provided.
Marbury v. Madison
In this lesson, students will view video clips explaining the Supreme Court case Marbury v. Madison. Students will analyze the significance of the case, the precedent it set and its legacy.
The Origin, Nature and Importance of the Supreme Court
Chief Justice John G. Roberts Jr. and high school students discuss the Supreme Court: its history and traditions, how it selects and decides cases, and the role of an independent judiciary. A lesson guide accompanies the video.
The Pursuit of Justice
The Pursuit of Justice book, written by Kermit L. Hall and John J. Patrick, analyzes 30 Supreme Court cases chosen by a group of Supreme Court justices and leading civics educators as the most important for American citizens to understand. An additional 100 significant cases included in state history and civics standards are summarized. The complete book or individuals chapters can be downloaded.
Participate in the Judicial Process – Rule of Law
Review the facts, rulings, majority and minority opinions, and reasoning of these two landmark Fourteenth Amendment Supreme Court cases – Batson v. Kentucky and J.E.B. v. Alabama.
Brown v. Board of Education (1954) High School Level
This case summary provides teachers with everything they need to teach about Brown v. Board of Education (1954). It contains background information in the form of summaries and important vocabulary at three different reading levels, as well a review of relevant legal concepts, diagram of how the case moved through the court system, and summary of the decision. This resource also includes nine classroom-ready activities that teach about the case using interactive methods. Middle school level also available.
Dred Scott v. Sandford (1857) Middle School Level
This case summary provides teachers with everything they need to teach about Dred Scott v. Sandford (1857). It contains background information in the form of summaries and important vocabulary at three different reading levels, as well a review of relevant legal concepts, diagram of how the case moved through the court system, and summary of the decision. This resource also includes five classroom-ready activities that teach about the case using interactive methods. High school level also available.
Gibbons v. Ogden (1824) Middle School Level
This case summary provides teachers with everything they need to teach about Gibbons v. Ogden (1824). It contains background information in the form of summaries and important vocabulary at three different reading levels, as well a review of relevant legal concepts, diagram of how the case moved through the court system, and summary of the decision. This resource also includes five classroom-ready activities that teach about the case using interactive methods. High school level also available.