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Chief Justice of the Supreme Court of the United States, John G. Roberts.
Image courtesy of American Memory at the Library of Congress.
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Subject Areas |
History and Social Studies
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U.S. History - Civics and U.S. Government |
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Time Required |
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A minimum of two 45-minute class sessions. More for classes requiring review of the Supreme Court basics and/or classes conducting all optional activities. |
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Skills |
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Analyzing written texts
Critical thinking
Map reading
Making inferences and drawing conclusions
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Additional Data |
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Date Created: 01/10/05
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The Supreme Court: The Judicial Power of the United States
I believe that the creation of an independent constitutional court, with
the authority to declare unconstitutional laws passed by the state or federal
legislatures, is probably the most significant single contribution the United
States has made to the art of government.
— Chief
Justice William Rehnquist’s Rededication Remarks at the rededication
of the National Archives (September 17, 2003), from the EDSITEment resource
Digital Classroom
The judicial power shall extend to all cases, in law and equity, arising under
this constitution…
— Article III
of The United States
Constitution on the EDSITEment-reviewed website Avalon
Project
Introduction
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. During the Philadelphia
Convention, discussion of a federal judiciary was not a critical part of the
deliberations that led to the creation of the Constitution. However, debate
over the exact nature and role of the federal judiciary did begin in the Constitutional
Convention and continue through the ratification process and into the early
years of the Republic.
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.
Guiding Questions
- What powers are given to the judiciary in the Constitution?
- Why is judicial independence necessary? What constitutional provisions assure
this independence?
- Why does the federal judiciary include several levels of courts in the
judicial system? What are the differences among the three levels of federal
courts?
Learning Objectives
After completing this lesson, students will be able to:
- List the key provisions in the Constitution relating to the judiciary.
- Explain the importance of an independent judiciary and how the Constitution
provides for this independence.
- Discuss the basic facts of Dred Scott v. Sanford (1857) with an
emphasis on how and why it became a Supreme Court case.
- Point out differences between a trial conducted in a district court and
an appellate court hearing.
Preparing to Teach This Lesson
This lesson presents an introduction to the U.S. Supreme Court. Students will
read relevant sections of the Constitution and analyze how the Constitution
works to enhance judicial independence. They will also learn about the landmark
case of Dred Scott v. Sanford, and track the movement of that case
through the court system.
- Review the lesson plan. Locate and bookmark the websites you plan to use
in this lesson. Download and print out documents you will use and duplicate
copies as necessary for student viewing.
- Depending on your students’ background and abilities, you may wish
to provide an introduction or further explanation of the following terms,
used in the readings from Article
IX of the Articles of Confederation and Article
III and Amendment
XI of The United
States Constitution:
- Inferior court: Either a district or circuit court whose decisions
can be appealed to a higher court. The Supreme Court is the highest court
in the land.
- Jurisdiction: Authority or legal power to hear and decide cases.
- Original jurisdiction: The court in which a case first appears, or
originates, is said to have original jurisdiction. The Supreme Court has
original jurisdiction in cases involving ambassadors, certain public officials,
and disputes between states. These cases rarely come to the Court.
- Appellate jurisdiction: A court that hears a case that has already
been heard by another court is said to have appellate jurisdiction. In
other words, a court may exercise appellate jurisdiction when one of the
parties is dissatisfied with a lower court’s ruling and has asked,
or appealed, for a higher court to review the decision.
- “Law and fact”: The court with original jurisdiction judges
the facts of the case as well as what laws apply. Except in those cases
in which the Supreme Court exercises original jurisdiction, the justices
rule only on the law and not on the facts of a case. Therefore, no witnesses
are called.
- You can also download an annotated
version of the readings from the Articles of Confederation and the
Constitution, available here as a PDF file.
- Activity 3, below, examines a Supreme Court case, Dred
Scott v. Sanford (1857), and how it moved through the court system. This
case is commonly included in the curriculum because of its importance. Its
movement through the court system gives students an example of how the judicial
process works. An in-depth study of Dred Scott v. Sanford is not
within the scope of this lesson.
Suggested Activities
Assessment
1. What Do You Know About the Supreme Court?
1. (10 minutes or less) Show students the contemporary Supreme
Court Cartoon (top of page) from Famous
Trials, a link from the EDSITEment resource Internet
Public Library. The cartoon depicts three Supreme Court justices. Guide
the discussion with questions such as:
- What does it mean to declare a law unconstitutional? What, if anything,
does the Constitution say about “declaring laws unconstitutional”?
- What is supposed to be humorous about the cartoon?
- What do you know about:
- what the Supreme Court does?
- how someone is appointed to serve on the Supreme Court?
- who serves on the Supreme Court?
- how the Court functions?
- how a case gets to the Supreme Court?
- why the Supreme Court agrees to review a lower court’s decision?
- the kinds of cases heard by the Supreme Court?
Ask a volunteer to write students’ answers on chart paper.
2. (OPTIONAL. About 30 minutes, but time and need will vary.)
If the discussion indicates a need for basic information about the Supreme Court,
share a summary designed for sixth- to eighth-graders. Ben’s
Guide, a link from the EDSITEment-reviewed website Internet
Public Library, offers brief articles on The
History of the Constitution, The
Supreme Court, and Cases
Brought Before the Court. Share this information with students as appropriate
to the specific needs of your classroom.
2. How Was the Federal Judiciary Created?
In unfolding the defects of the existing Confederation, the utility and necessity
of a federal judicature have been clearly pointed out.
—From Federalist
#78 on the EDSITEment resource Avalon
Project
According to The
Debates in the Federal Convention of 1787 reported by James Madison: May 29,
on the EDSITEment-reviewed website Avalon
Project, the central question of the Constitutional Convention was brought
to the floor on the third day:
Mr. RANDOLPH then opened the main business. He …
commented on the difficulty of the crisis, and the necessity of preventing
the fulfillment of the prophecies of the American downfall. He observed that
in revising the federal system we ought to inquire:
1. into the properties, which such a government ought to possess
2. the defects of the confederation
3. the danger of our situation
4. the remedy.
One of the defects in The
Articles of Confederation (1781), also available on Avalon Project, was
its failure to provide for a federal judiciary. (NOTE TO THE TEACHER: If desired,
use the annotated version
of the following readings with your class.)
1. (5-10 minutes) Share with students the following passage from Article
IX of the Articles
of Confederation, on Avalon Project:
The United States in Congress assembled shall also be the last resort on
appeal in all disputes and differences now subsisting or that hereafter may
arise between two or more States concerning boundary, jurisdiction or any
other causes whatever … appointing courts for the trial of piracies
and felonies committed on the high seas and establishing courts for receiving
and determining finally appeals in all cases of captures, provided that no
member of Congress shall be appointed a judge of any of the said courts.
These are the only provisions related to a national court in the Articles
of Confederation. Congress itself was the court of last appeal in disputes between
states. In cases of piracy, the Congress appointed a court. What are the disadvantages
of having the Congress, the body that makes laws, “be the last resort
on appeal in all disputes and differences now subsisting or that hereafter may
arise between two or more States”?
The Articles of Confederation did not embrace the principle of separation
of powers. The judiciary under the Articles was not independent. Why might the
Founders (in this first attempt at a government) have opted to give Congress
these judicial responsibilities? (It should be noted that, in England, the House
of Lords is the highest court.) What are the potential disadvantages of not
separating the judicial and legislative powers?
The adoption of the Constitution would create a government quite different
from England’s parliamentary democracy and, in fact, any other government
in operation at the time. Next, students will look at the Constitution and how
it differs from the Articles of Confederation.
2. (15-20 minutes) Unlike The
Articles of Confederation, The
United States Constitution (1787), available on the EDSITEment resource
Avalon Project ,
created a national judiciary. Read with the class the text of Article
III.
Use the following questions to lead students in a discussion about the basic
facts of Article III.
- How did Article III [http://www.yale.edu/lawweb/avalon/art3.htm] of the
Constitution change the character of the judiciary as set out in the Articles
of Confederation?
- What kinds of courts does the Constitution provide for? How does it distinguish
between the Supreme Court and inferior courts?
- What kinds of cases did the Founders expect would come before federal courts?
- What, if anything, does the Constitution say about how the Supreme Court
should operate?
- Is the Supreme Court designed as a co-equal branch of the government?
- What general rules about the judicial system (such as trial by jury) are
specified in the Constitution?
In 3, students will look at the development of one
Supreme Court case, the landmark Dred Scott v. Sandford (1857). In
4, the class will return to the Constitution for analysis of how the
Founders designed the document to guarantee judicial independence.
3. How Does a Case Find Its Way to the Supreme Court?
(NOTE TO THE TEACHER: In one important way, Dred Scott v. Sandford
is not typical—it is one of the most significant cases ever decided by
the Supreme Court. It was selected for inclusion here because most students
will study the case at some time and because its path through the judicial system
shows how a case proceeds through the courts.)
- (5 minutes) Share with the class the Summary of Dred
Scott v. Sandford offered by Landmark
Cases of the Supreme Court, an exhibit of the Supreme
Court Historical Society, a link from the EDSITEment-reviewed website
History Matters. For alternative
information on Dred Scott, share a summary such as The
Dred Scott Decision (but only up to the words “1856 elections”)
from the EDSITEment resource Digital
History.
- (15 minutes) Have students use a map such as the U.S.
Territorial Map 1850 on the EDSITEment-reviewed website American
Studies at the University of Virginia to track events as explained in
the activity Trace
Dred Scott's Travels on a U.S. Map (from Landmark
Cases of the Supreme Court, an exhibit of the Supreme
Court Historical Society, a link from the EDSITEment resource History
Matters).
- (10 minutes) Share the Diagram:
How the Case Moved Through the Court, also from Landmark
Cases of the Supreme Court. If desired, for information on the current
court system, from trial courts to the Supreme Court, share the article Understanding
the Federal Courts on The Federal Judiciary,
a link from the EDSITEment-reviewed website CongressLink
through its exhibit About
Government.
- (OPTIONAL. 10-15 minutes) If you wish and if time allows, let students
discuss their predictions for the outcome of Dred Scott v. Sandford.
Some suggested discussion questions:
Part I: The Facts
- What made Dred Scott believe he should no longer be considered
a slave?
- What did the first court that heard the case decide?
- The Supreme Court of Missouri reversed the decision. For what
reason?
- Why was Scott able to sue in federal court? What did the federal
court decide?
- What did Scott do next?
Part II: Analysis
- Disagreements over slavery were more heated than ever in 1857.
What affect might this have on the Supreme Court’s decision?
- Some slaves had successfully sued for freedom. Does a successful
suit by a slave seem more or less likely in 1857?
- Chief Justice Taney was a strong supporter of slavery. Another
justice, Peter V. Daniel, supported slavery so strongly, he refused to travel
north of the Mason-Dixon line. Other justices also supported slavery. Do
you think their personal beliefs will enter into the decision?
- It’s difficult for us to understand now, but in 1857 slaves were
considered property. Imagine this hypothetical situation: The state next
to yours declares the possession of gaming systems illegal. You take your
gaming system—your property—with you on a trip to see a relative
in that state. Should a policeman have the right to take your system from
you? Now let’s change the argument a bit. Let’s say the state
next to yours legalizes the possession of some dangerous drug. Should someone
be able to bring that drug into your state legally? Your neighborhood? Do
these hypothetical situations compare to what happened to Dred Scott, who
was considered property?
- (10-15 minutes) Share with students the article The
Dred Scott Decision (after the words “1856 elections”) on
the EDSITEment resource Digital
History. Allow time for students to reflect on the decision and compare
it to their predictions.
Review the basic facts of this case including the Diagram:
How the Case Moved Through the Court (from Landmark
Cases of the Supreme Court, an exhibit of the Supreme Court Historical
Society, a link from the EDSITEment-reviewed website History
Matters):
- How and why did the case end up in the Supreme Court? Why did the Supreme
Court agree to decide this case?
- What did the Supreme Court decide? What was the reasoning used by the
justices? Were the facts in the cases ruled on by the lower courts ever
questioned in the decision of the Supreme Court
Look back at the earlier list the class compiled of what they knew about the court.
What would they now change or add?
4. How Does the Constitution Provide for an Independent
Judiciary?
It seems to me that a major reason the Constitution has kept the
ship of state afloat is the existence of an independent judiciary as a co-equal
branch of our federal government. It is easy today to see the need for an independent
judiciary, with the authority to enforce the terms of a written constitution,
but back in 1787, when the Founding Fathers were drafting our Constitution,
it was an entirely novel concept. I believe that the creation of an independent
constitutional court, with the authority to declare unconstitutional laws passed
by the state or federal legislatures, is probably the most significant single
contribution the United States has made to the art of government.
When Thomas Jefferson wrote the Declaration of Independence in 1776, one of
the reasons he gave for the need to declare independence from Great Britain
was that King George III "ha[d] made Judges dependent on his Will alone,
for the Tenure of their Offices, and the Amount and Payment of their Salaries."
The drafters of the Constitution addressed this in Article III of our Constitution,
which confers upon the judiciary life-long tenure during good behavior, and
contains a prohibition against diminution of compensation while in office. Article
III judges can only be removed from office through the mechanism of impeachment.
…Without an independent Judiciary, the Constitution may not have survived
to, as Chief Justice Taft said, "secur[e] the blessings of individual liberty
to all the people of the United States under a government of law and order."
And much of the credit is due to the foresight of the drafters of these Charters.
1. When we talk about judicial independence, we are generally
referring to:
- The independence that federal judges and justices have as a result of the
separation of powers—that they cannot be pressured by either of the
other two branches of government to decide a case in a particular way.
- The independence that judges and justices enjoy because they are not elected
and, therefore, can make their decisions without having to worry about whether
the public likes the decisions and will be willing to re-elect them.
In Justice Rehnquist’s remarks above, what does he cite in the Constitution
as important to the establishment of an independent judiciary?
2. (20-30 minutes) The Founders worked to establish judicial independence in
The United States Constitution,
available on the EDSITEment-reviewed website Avalon Project [http://www.yale.edu/lawweb/avalon/avalon.htm].
Review the relevant passages with your students. If desired, use the annotated
selections from the Constitution (available as
part of the downloadable PDF for this lesson) as you conduct the following
discussion with the class.
- Why did the Framers of the Constitution assign the House the responsibility
for impeachment of federal judges and the Senate the task of approving appointments
to the court and removing federal judges through impeachment trials (Article
I)?
- Why, in Article II,
give the president the power to appoint Supreme Court judges? Why do you think
the Founders decided to have federal judges appointed instead of elected?
- Article II specifies
that the president’s Supreme Court appointments are made only “by
and with the advice and consent of the Senate”? Why? What would be some
possible disadvantages of having the president appoint Supreme Court justices
without any check on that power? What would be some possible disadvantages
of having the Senate appoint Supreme Court justices without any check on their
power?
- Why are all federal judges appointed for life? What are the advantages and
disadvantages (Article
III)?
- Why specify that a judge hold a lifetime appointment only with “good
behaviour”? Why not define “good behaviour” more specifically
(Article III)?
- Why specify that the salary of judges and justices “shall not be
diminished during their continuance in office” (Article
III)?
5. Personal Views versus Judicial Independence
Students may have reacted strongly to the decision in Dred Scott v. Sanford.
So did most Americans of the time, who did not believe in slavery.
1. (5 minutes) Share with the class the following summary of the decision:
The nine justices of the Supreme Court of 1856 certainly had biases regarding
slavery. Seven had been appointed by pro-slavery presidents from the South,
and of these, five were from slave-holding families. Still, if the case had
gone directly from the state supreme court to the federal supreme court, the
federal court probably would have upheld the state's ruling, citing a previously
established decision that gave states the authority to determine the status
of its inhabitants. But, in his attempt to bring his case to the federal courts,
Scott had claimed that he and the case's defendant (Mrs. Emerson's brother,
John Sanford, who lived in New York) were citizens from different states.
The main issues for the Supreme Court, therefore, were whether it had jurisdiction
to try the case and whether Scott was indeed a citizen.
The decision of the court was read in March of 1857. Chief Justice Roger B.
Taney—a staunch supporter of slavery—wrote the "majority
opinion" for the court. It stated that because Scott was black, he was
not a citizen and therefore had no right to sue. The decision also declared
the Missouri Compromise of 1820, legislation which restricted slavery in certain
territories, unconstitutional.
While the decision was well-received by slaveholders in the South, many northerners
were outraged. The decision greatly influenced the nomination of Abraham Lincoln
to the Republican Party and his subsequent election, which in turn led to
the South's secession from the Union.
— From Dred
Scott's Fight for Freedom, on the EDSITEment resource Africans
in America
2. (20-30 minutes) The judges in Dred Scott v. Sanford made their decision
from a pro-slavery perspective. Their personal views clearly influenced their
decision. They held certain ideas about slavery and a number of related issues,
including the political challenges the country was facing at the time. Their personal
views clearly influenced their decision in this case. However, these views did
NOT undermine their judicial independence. They were not influenced by the other
branches of government or a need to appeal to voters.
There was likely a pro-slavery bias on the court that wrote the decision in Dred
Scott v. Sanford. In addition, the judges were motivated by the belief that
settling the slavery question one way or the other would reduce friction between
slave and free states.
Instead, strong reaction to the Supreme Court’s decision in Dred Scott
v. Sandford when it was issued contributed to the sharp divisions within
the United States. Most historians believe that the decision was an important
factor in bringing about the Civil War. This decision also resulted in the passage
of Amendment XIV, which begins by establishing the rules of citizenship. Read
Amendment XIV, Section
1 of The United States
Constitution, available on the EDSITEment-reviewed website Avalon
Project. What citizenship rules does Section 1 outline?
Assessment
(OPTIONAL. 20-30 minutes) How did learning about Dred Scott v. Sandford
demonstrate how a case ends up in the Supreme Court? How does it demonstrate what
the Supreme Court does? Ask students—individually and in writing—to
create a one- or two-paragraph overview of the Supreme Court. They should imagine
they are preparing materials for an introductory handout for next year’s
students, using Scott v. Sanford as an example. What are the key points in understanding
what the Supreme Court is and how it functions?
Extending the Lesson
- Supreme Court Historical
Society, a link from the EDSITEment resource History
Matters, offers Links
To Archival Newspaper Articles Reacting To The Dred Scott Case. Click
on the word read in “have students read the newspaper editorials on
the Supreme Court's decision.” Though the articles are written in a
style unfamiliar to contemporary students, they are of great interest in comparing
reactions to the case around the country.
- The EDSITEment-reviewed website Africans
in America offers much more (including some primary material) on the Dred
Scott v. Sanford decision. Begin near the bottom of the page with Narrative:
Judgment Day and then follow the various links related to the case.
- Interested students can read Alexander Hamilton’s Federalist
#78 on the EDSITEment resource Avalon
Project to see the arguments Hamilton made for the design of the judiciary
as found in the Constitution. How prescient was Hamilton in his predictions?
- Dred Scott v. Sandford was a controversial decision. Interested
students can complete research on some other controversial decisions. Some
particularly controversial Supreme Court cases are featured in Famous
Trials, a link from the EDSITEment-reviewed website Internet
Public Library. What happens when the Supreme Court hands down a controversial
decision? How does this affect respect for the law? How are Supreme Court
decisions refined or changed?
- Students interested in exploring Dred Scott v. Sanford in more depth can
find extensive links to documents about the case in the St. Louis Circuit
Court from The Dred
Scott Case, a link from Internet Public
Library.
Selected EDSITEment Websites
Other Information
Standards Alignment
- NCSS-10
Civic ideals and practices. Citizenship in a democratic republic. more
- NCSS-2
Time, continuity, and change. The ways human beings view themselves in and over time. more
- NCSS-5
Individuals, groups, and institutions. more
- NCSS-6
Power, authority, and governance. more
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