Day 5 - Supreme Court Simulation Prep Part II - B day ONLY

"Being on the Supreme Court is rather like taking the veil; you just sit there and try to get the right answer as other people argue in front of you. It's not nearly as exhilarating as the Executive Branch."

--Justice Antonin Scalia at Columbus Citizens Foundation dinner, Oct. 8, 2005

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:  2 Questions

Is the execution of a minor a violation of the 8th amendment's prohibition of "cruel and unusual" punishments?

How is the decision reached in Schenck v US similar to the case of Korematsu v US (detainment of Japanese American citizens)?

Activity #1: Case Prep and Mock Trial

Today we will prep and conduct trials for both of the cases below.  Each student will have 30 minutes to PERP both cases and prepare for their specific roles

NYT v US
Engle v Vitale

Activity #2:  Simulation Prep  and Execution

• 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