THE JUDICIAL BRANCH DETERMINES THE LAW

A Web Quest by Doug James 

North Heights Alternative School
Introduction Task Process Resources Evaluation Conclusion

 

INTRODUCTION

At a time when Americans routinely question the integrity of congress and the presidency, the nation's system of justice has retained a major share of it's prestige. Across the land from the marble halls of the Supreme Court to the crowded aisles of the municipal courts, judges and juries sit in judgment. Their verdicts, we'd like to believe, always reflect a fair application of the law.

Once or twice in a generation, the courts hand down a landmark decision, one that has a lasting affect on American life. The courts occasionally remind Congress and the President that no law can be considered final until judged against the standard established by the United States Constitution.

TASK

Project can be done individually or in-groups of 2 or 3

Using the suggested resources you will attempt to provide answers to some basic questions about the American system of justice and the courts, which administer that system.

1. How were the federal courts established?

2. How does the system of state courts operate?

3. When does a court have the right to hear a case?

    1. How are judges selected, and what do they do?
    2. What happens when a case goes to trail?
    3. How well does the U. S. jury system work?
    4. What powers do the courts exercise?

Using the same resources you will read about a number of Supreme Court cases

That had lasting impact on the nation's history. You will identify the court cases that answered the following questions:

    1. How did the courts gain the power of judicial review?
    2. Are there any limitations on the implied powers of congress?
    3. How far may congress go in regulating interstate commerce?
    4. How did a case involving slavery help lead to the Civil War?
    5. How far may state laws go in limiting a corporation's activity?

PROCESS

Time allotted for this project: 5 - 7 class periods

Prior to beginning the task, you will need to know the meaning of the terms in the teacher handout.

    1. Use these resources to define the terms:

      2. Basic Principles of American Government - Chapters 11 - 12

      Website http://dictionary.lp.findlaw.com//

    2. Next you will gather information from the resources to:
    1. Next you will visit a local courtroom. Study the courtroom procedures, the types of cases being tried, the attitudes and reactions of various people in the courtroom. Write a report on your experience and be ready to make an oral report to the class.
    2. Select two Supreme Court decisions to report on, either on paper, power point, or orally to the class
    3. For this part of the assignment, you will be required to make a chart showing the current Supreme Court Justices, their political philosophy (liberal, moderate, conservative), when they were appointed and by what president. (Poster or power point presentation)

RESOURCES

Web Sites

http://dictionary.lp.findlaw.com/

http://google.com

http://www.civiced.org

Resource books

Sanford, William R. and Carl R Green

Basic Principles of American Government,

New York, N.Y.: Amoco School Publication, Inc., 1977.

Mc.Clenaghan, William A.,

Magruders American Government, 75th. Edition,

Needham, Mass.: Prentice Hall 1993

Center For Civic Education

We The People, The Citizens And The Constitution

Calabasas, Ca.: Center for Civic Education. 1995

Teacher Handout

The Judicial Branch Determines the Law Chapters 11 & 12

One copy of the United States Constitution

 EVALUATION

You will be evaluated on the following:

 CONCLUSION

The federal court system begins at the district court level, where cases involving federal jurisdiction are tried. Appeals move upward to the courts of appeals, whose decisions carry great weight, since the Supreme Court seldom over-turn them. The Supreme Court itself stands as the ultimate check on the power of the legislative and executive branches of government.

The courts of the United States have remained responsive to the social, political, and economic problems of the country. Where the original decisions discussed in these lessons concerned themselves with the exercise of federal power, later cases gave the Supreme Court the chance to protect the individual - first against big corporations and then against big government

TEKS - 2C, 8A, 8D, 8E, 9C, 9E, 9F, 14C, 14E, 21A, 21C, 22A, 22C, 23A

 

Introduction Task Process Resources Evaluation Conclusion

 

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