Day 3 - Supreme Court Simulation Prep - 1st Amendment

"The aim of the law is not to punish sins, but is to prevent certain external results." ~ Oliver Wendell Holmes Jr., Supreme Court Justice

Learning Targets:  Students will be able to....

• Explain the principle of judicial review and how it checks the power of other institutions and state governments.
• Explain how the exercise of judicial review in conjunction with life tenure can lead to debate about the legitimacy of the Supreme Court’s power.
• Explain how other branches in the government can limit the Supreme Court’s power. 

Opener:  Why do judges sometimes issue decisions that they personally disagree with?

Activity #1: Court terminology Mini-lesson

Petitioner - The person or party that has filed the appeal and is "bringing" the case to the court.

Respondent - The person or party that opposes the petitioner.

Majority Opinion - The decision of the majority of judges on the court (5 or more out of 9)

Concurring Opinion - A judge that agrees with the majority but for different reasons

Dissent - The minority of judges (4 or fewer) that explain why they disagree.  This has no effect on the case however.

Activity #2:  Judicial Simulation Prep - Part 1 (Simulation Tuesday)

Each student will prepare for the upcoming Judicial simulation in the next class by completing a "PERP" analysis of the each of the cases below.

Cases:  

• Wisconsin v Yoder
• https://thejerryperezexperiment.weebly.com/uploads/3/1/4/1/31411573/street_law_4_wisconsin_v_yoder_final.pdf
• Schenk v. US 
• https://docs.google.com/document/d/1nPFWzUjZKjNXgid9GBoFGfuxzC8VdUR4FMCIAOahrcM/edit?usp=sharing
• Engle v Vitale
• https://thejerryperezexperiment.weebly.com/uploads/3/1/4/1/31411573/street_law_3_engel_v_vitale_final.pdf

Activity #3:  Simulation Prep - Part 2 - Role assignments

• Attorney - Prepare a 3-5 minute argument for the court on behalf of your client
• Remember that this is a legal argument that draws from the Constitution and amendments.
• Justices - Prepare questions to ask to the attorneys
• The purpose here is to be able to ask clarifying questions to the attorney's during the hearing.
• Court Reporters - Prepare a template for your brief article that you will write following the case
• It's going to happen fast and having a sound method for how to quickly organize and record arguments and comments will be key.

Close:  CPE