Civic Literacy Curriculum
Question 52: What is the highest court in the United States?
Q52: What is the highest court in the United States?
A. The District Court
B. The Circuit Court
C. The Superior Court
D. The Supreme Court
Background
“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”- Article III of the U.S. Constitution This means that the Constitution specifically creates a Supreme Court as the highest in the country, but allows Congress to create other, lower courts to hear additional cases.
Today, there are three levels of federal courts. The United States Supreme Court, circuit courts, and district courts. The highest court in the United States, the U.S. Supreme Court hears appeals both from these lower federal courts as well as state courts. The Circuit Courts hear appeals from district courts. The District Courts hear disputes about federal law. The division of labor aims to make sure that the Supreme Court can hear cases to set precedents that the lower courts can then apply in similar situations; this prevents the Supreme Court from being overwhelmed. (There are several situations where the Supreme Court has original jurisdiction, meaning it can also hear cases as a trial court, but this happens rarely today.)
State court systems use largely similar three-tiered systems, usually led by a state supreme court. (Some states use different terms for their courts, but the structure is the same) These courts mostly apply and interpret state law, which means they have far more to do than federal courts, but they also sometimes consider federal constitutional law as well. State supreme courts are supreme in their own interpretations of state law, but when a state supreme court is hearing a case about whether a state law violates the U.S. Constitution, the U.S. Supreme Court can hear an appeal from a state supreme court. This is to ensure that there is a consistent understanding of federal law.
Adult Learners
Introduction
Determining whether or not a law is constitutional is not always easy. It requires the Court to look not only at the law itself but also at how it might be applied. Sometimes, it is the way a law is worded that renders it unconstitutional. This activity presents students with the chance to discuss a new possible law and use the First Amendment and Supreme Court precedent to determine whether all, some, or none of its parts is constitutional.
Preparation
- Provide each group with a copy of the following:
- First Amendment Exercise: Matal v. Tam and Proposed Bill
- First Amendment Socratic Study Questions
- Socratic Seminar Guidelines
- A rubric is available if this is a graded activity.
- If you wish, have a “speaking stick” -- generally a small object that denotes the speaker. This is usually a beanbag or small plush animal. Whoever holds the “stick” is the speaker. When finished speaking, the student chooses the next speaker by handing or gently tossing it to the next speaker.
- Allow students time to prepare -- at least a class period. Depending on the class, you may want to assign the reading a few days in advance.
Required files
The Teaching Materials for this exercise includes a rubric.
Instructions
- On the day that you introduce the assignment, review the guidelines for a successful Socratic seminar.
- On the day of the seminar, arrange the desks in a circle.
- If using a “speaking stick” for the first time, explain the rules of use to the students.
- Begin the seminar by asking for someone to share his or her answer to one of the questions provided.
- Let the students take it from there. If conversation begins to lag, then ask a question to move it forward.
Alternative Classroom Setup
Rather than have one large circle, you may wish to have an inner circle and an outer circle. The inner-circle participants will discuss the excerpt and ideas, and the outer circle participants will take notes on the points raised. About halfway through the seminar, you can have the two groups switch.
Discussion Prompts
Below are two discussion prompts that can be used by teachers in a classroom setting.
- The first discussion prompt will be one that is designed to support students that are not really understanding the content in a way that would help them to answer the test question.
- The second discussion prompt will be one that is designed to further student understanding of the content by making real-world connections, including connections to current events and historical events.
Background
The Supreme Court itself is named in Article III of the Constitution, but the other courts are not. In fact, the Constitution simply says that inferior courts will be created by Congress -- and that’s all. The appellate and district courts that have since been created are all federal courts and all derive their power from that sentence in the Constitution.
Prompt 1
One way to explain the judicial branch’s role is to say that it is to “make sure that the other two branches play by the rules and follow the Constitution.” This is actually pretty accurate since it is the judicial branch’s job to make sure that laws are constitutional. To do this, there are actually several levels to the court system. Our question today refers to the highest court in the land. What is the name of this high court and where does its power come from?
Prompt 2
The Articles of Confederation did not create a separate federal court system, and there were some who have argued the U.S. Constitution did not need a supreme court, either, that state supreme courts could do the job enforcing the Constitution. Why would we want one Supreme Court ultimately interpreting federal law? What might be some disadvantages of only having one ultimate interpreter of the US Constitution? Use past or current events in your answer.
K-2 Lesson
The Supreme Court
By Rachel DeChristina
Lesson Summary: Students will learn about the Supreme Court and how it is the highest court in the United States. This will be done by students hearing a story about the Supreme Court and then creating a collaborative poster with other students to share about their learning.
Learning Objectives:
Students will be able to identify the highest court in the United States.
Grades 3-5 Lesson
Understanding the Supreme Court: The Highest Court in the United States
By Donna Morris
Lesson Summary: In this lesson, students will learn about the Supreme Court as the highest court in the United States and its role in the federal judicial system. Through discussions, activities, and independent practice, students will understand the hierarchy of federal courts, the division of labor among them, and how state court systems function similarly.
Primary Sources:
The Constitution of the United States (Article III)
Supreme Court of the United States Website
Learning Objectives:
Students will be able to identify the Supreme Court as the highest court in the United States and explain its role in the judicial system.
Grades 6-8 Lesson Plan
Mini Government Jigsaw UNIT
By Kristy James Kuehn
Lesson Summary: This mini unit allows students to be part of a “mini-government” where each person becomes an expert on one of the branches of government. Students learn about their branch and teach it to the two other people in their groups via games, interactive learning, etc. This jigsaw lesson allows students to learn about the systems of government in an interactive way.
Learning Objectives: Students will become part of their own mini-government by learning about the 3 branches of government. Students will analyze and synthesize their branch of choice and be prepared to teach the members of their mini government about their branch’s roles and responsibilities as well as checks and balances. Students will create an interactive, informative and engaging lesson for their group mates.
High School Lesson Plan
The Judicial Branch
By Justin Glodowski
Lesson Summary: Students will learn about the structure of the judicial branch and that the US Supreme Court is above all lower courts by drawing a diagram. After drawing this diagram, students will learn about the process further by tracing the path of one or two court cases as to how they made it to the US Supreme Court and drawing an additional diagram showing that path.
Learning Objectives:
Students will gain an understanding of the structure and process of the judicial branch