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.
What Makes a Good Judge?
This lesson focuses on the costs and benefits of various judicial selection methods. Students will list characteristics they think essential or valuable to being a good judge, and then see which system of judicial selection – appointment, merit, or election – obtains the highest quality judges. In discussing each method, students will understand the tradeoffs between accountability and independence in judicial selection.
Starter Kit: Checks and Balances Podcast
We exist in a delicate balance. Ours is a system designed to counterweight itself, to stave off the power grabs that entice even the fairest of us all. The U.S. government is comprised of humans, not angels, so each branch has the power to stop the other from going to far. The only catch being, of course, they have to actually exercise that power. In this episode, with the inimitable Kim Wehle as our guide, we learn what those checks actually are, and how the Executive, Legislative and Judicial branches (ostensibly) keep things democratic.
This short episode includes a one-page Graphic Organizer for students to take notes on while listening, as well as discussion questions on the back side.
The Appointment of Sandra Day O’Connor
The U.S. Constitution grants the President the power to appoint people to a variety of government positions. These appointments require careful thought and consideration since the people can have a great impact on the lives of many Americans during that President’s term. Some appointments need even greater thought and consideration, and those are to the federal judicial system and more importantly, to the Supreme Court of the United States. Justices of the Supreme Court (and other federal courts) serve lifetime appointments. Their rulings as they interpret the Constitution, and other situations as outlined in Article III of the Constitution, can have far-reaching effects for generations. With this awesome power to appoint comes an equally awesome responsibility to make sure that the individuals are the best people for the job. In this lesson, students will examine the appointment of Supreme Court Justice Sandra Day O’Connor, who was also the first female Justice. Students will examine the process by which a President makes the selection and the steps that lead to that person being confirmed by the Senate (or not).
The Supreme Court: The Judicial Power of the United States
This lesson provides an introduction to the Supreme Court. Students will learn basic facts about the Supreme Court by examining the United States Constitution and one of the landmark cases decided by that court. The lesson is designed to help students understand how the Supreme Court operates.
The federal judiciary, which includes the Supreme Court as well as the district and circuit courts, is one of three branches of the federal government. The judiciary has played a key role in American history and remains a powerful voice in resolving contemporary controversies. The first governing document of this nation, the Articles of Confederation, gave Congress certain judicial powers, but did not establish a distinct federal court system.
Judicial Independence: Essential, Limited, Controversial
In a constitutional system of government, the role of the judiciary is essential for maintaining the balance of power, protecting individual rights, upholding the rule of law, interpreting the Constitution, and ensuring equal justice for all. In this lesson, students learn about the role of an independent judiciary in the United States.
Separation of Powers
Instead of placing authority in the hands of one person, like a king, or even a small group of people, the U.S. Constitution divides power. Power is first divided between the national, or federal government, and the state and local government under a system known as Federalism. At the federal level, the Constitution again divides power between the three major branches of our federal government: the legislative, the executive, and the judicial. Discover the battles of the branches in the National Constitution Center’s learning module.
Checks and Balances
This lesson explore the principle of checks and balances by providing video clips with examples and explanations. As they view these real-world examples, students will complete a graphic organizer and use it to evaluate how effective our system of checks and balances is at limiting government.
Battle for Truth: It’s Your Witness
Students will use role playing to learn about the procedure and purpose of questioning witnesses for determination of fact in the adversarial process. They will discuss the evolution of justice over time, and so come to understand the historical motivations for our current system.
The Role of the Judiciary
In this lesson, students learn about the judicial system, aka the judiciary. First, students read and discuss an article on the role, structure, and principles of the judiciary. Next, they participate in a Civil Conversation on the reading. In this structured discussion method, under the guidance of a facilitator (the teacher), participants are encouraged to engage intellectually with challenging materials.