Does DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) violate the Immigration and Nationality Act and therefore the Take Care Clause of the Constitution? The president may have overstepped his authority under Article II by establishing DAPA.
The Constitutional Convention: Should Judges Judge Laws?
History is the chronicle of choices made by actors/agents/protagonists in specific contexts. This simulation places students at the Constitutional Convention and asks them to engage with a problematic question: Who should have the final say in deciding whether a law or executive action is constitutional? Students will explore this in theoretical, practical, and political contexts. If one branch has the final say, does that negate the separation of powers? But if no branch has the final say, how are inter-branch disputes to be settled? If unelected justices of the Supreme Court can nullify legislative and executive measures, does that fly in the face of popular sovereignty? On the other hand, if constitutional interpretation is left to “the people,” how might that work, and might that lead to political turmoil?
Position Papers: Whole Woman’s Health v. Hellerstedt
Two position papers address the question in the 2016 Supreme Court case Whole Woman’s Health v. Hellerstedt: Is a Texas law imposing certain requirements on abortion clinics unconstitutional?
2017 Supreme Court Nomination: Advising Senators Activity
Are you teaching about President Trump’s nomination of Judge Neil Gorsuch to the U.S. Supreme Court? Lead your students through an exploration of the process and have them take on a role as adviser to a senator in preparation for the Senate Judiciary Committee’s confirmation hearing.
Court Shorts: An Impartial Federal Judiciary
This short video from the U.S. Courts focuses on the importance of a fair and impartial judiciary. What does this concept mean to you? In this video, students question federal judges on these principles.
The Judical Nomination Process
What is the nomination process for Supreme Court justices and federal judges? Find out in a multimedia package of educational resources geared to high school students, their teachers, and interested adults. What do judges promise in the judicial oath of office? What is the role of justices and judges? What kinds of information are nominees asked to share during the nomination process? What do judges, themselves, say about what it means to be impartial?
Obergefell v. Hodges and consolidated cases (2015)
These cases are about whether states are required to license same-sex marriages or to recognize lawful same-sex marriages performed in other states. In 2013, the Supreme Court ruled that one part of the federal Defense of Marriage Act was unconstitutional under the Fifth Amendment and the federal government had to treat same-sex married couples the same as all other married couples. Does the Fourteenth Amendment require states to do the same? Moreover, does the Fourteenth Amendment require that all states permit marriages between two people of the same sex?
Fisher v. University of Texas II (2016)
Does UT-Austin’s consideration of race in undergraduate admissions violate the Equal Protection Clause of the Fourteenth Amendment? This case summary considers questions of affirmative action in university admissions.
Judicial Appointments under the United States Constitution
Explore historical sources related to judicial appointments under the United States Constitution. A great resource to use during Supreme Court nomination debates to illustrate the original conflicts over the court and contextualize contemporary issues.
The Power of Nonviolence: Rosa Parks: A Quest for Equal Protection Under the Law
This lesson asks students to revisit the well-known story of a figure in the civil rights movement–Rosa Parks–through the primary source documents associated with her arrest in 1955. The arrest occurred in the shadow of the Supreme Court decision in Brown v. Board of Education of Topeka, Kansas (1954) and had a powerful impact on the public policy of segregation and the application of the equal protection clause of the Fourteenth Amendment.