Lesson plan for

COURTS

Introduction This lesson is about the judicial branch of the United States government. You will lead the class through the four questions GSPN the naturalization test related to the Courts. Then, students will see those concepts in practice as they learn about recent landmark Supreme Court cases. This exercise will familiarize students with the role of the Supreme Court in United States history, and how their decisions have affected daily life in the United States today. Objectives The student will be better able to: • Recall the answers to the four USCIS test questions in the Courts theme. •

Give examples of Supreme Court cases that affect American life today.

USCIS questions In the Courts theme: 37. What does the judicial branch do? 38. What is the highest court in the United States? 39. How many justices are on the Supreme Court? 40. Who is the Chief Justice of the United States now? Related: 4. 5. 6. 14. 12. 84.

What is an amendment? What do we call the first ten amendments to the Constitution? What is one right or freedom from the First Amendment? What stops one branch of government from becoming too powerful? What is the “rule of law”? What movement tried to end racial discrimination?

Time Theme: 10 minutes Activity: 60 minutes Materials •

Internet connectivity

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EITHER classroom projector OR enough computers for students to use as individuals or in small groups

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Preparing for the Oath Courts Theme (http://americanhistory.si.edu/citizenship/index.html?theme=3)

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Landmark Case handouts (attached)

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Challenge Words You can find all of the bold words in the vignettes in the word list (http://americanhistory.si.edu/citizenship/pdf/Wordlist.pdf). Listed below are some of those words that will come up often during the lesson. Breaks the law/breaks laws: to not follow the law. When someone steals, they break the law. Case: an argument in the court system Illegal: not allowed by the law Justice/justices: judges in the U.S. Supreme Court Nominates: to officially say that someone should work in a political office Segregation: to separate people because of their race or ethnicity Teacher Tech Tips To learn how to use Preparing for the Oath, visit the help page at http://americanhistory.si.edu/citizenship/help.html Depending on your students’ proficiency level, you might want to offer a transcript of the narration for students to read along while watching and listening, or to have as a reference. You can find printable transcripts at http://americanhistory.si.edu/citizenship/pdf/Transcript.pdf. You may notice that the web address never changes as you navigate through Preparing for the Oath. In order to go directly to a specific theme or question on the site, you can find a list of links at http://americanhistory.si.edu/citizenship/pdf/Links.pdf. These links may be useful for using your browser’s “bookmark” tool or assigning student work. The link to go directly to the Courts theme is http://americanhistory.si.edu/citizenship/index.html?theme=3. Some learning environments will be conducive to the sound features, while others will not. It is always possible to turn on and off the website’s audio feature by clicking on this symbol: However, please keep in mind that the test itself is spoken aloud. Students will need to be comfortable responding to spoken questions, and be able to respond orally. Don’t feel tied down by the structure of the themes. Once you are inside a theme, the image tiles along the bottom represent the individual questions within that theme. You may click on the tiles out of order to view the questions as you choose. Similarly, you may jump around the three modes within each question: Learn, Practice, and Try.

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Procedure 1. Lead the class through the Courts theme, as presented on the Preparing for the Oath website (http://americanhistory.si.edu/citizenship/index.html?theme=3). 2. Review the answers to USCIS Questions 37, 38, and 39, regarding the judicial branch and the Supreme Court. 3. Allow students to ask any questions they have. Feel free to refer to the Background Information sheet (attached), as needed. Choose between the two following activity options depending on your class’s Englishlanguage proficiency and interest level. Option 1 (more advanced) 1. Complete the Mapp vs. Ohio court Landmark Case handout (attached) as a class. Use this activity to instruct students how to do similar work in small groups. 2. Create small groups of three to four students. Each group will analyze one of the other three cases from the Landmark Case handouts. 3. Give each student in each group a copy of the same Landmark Case handout. 4. Students should work together to read about their group’s case and answer the Case Analysis questions. Remind students to ask you for help or consult a dictionary for vocabulary questions. Students in each group should also work together to write a short summary about the case they have studied. 5. A representative from each group should present the case to the class. After each group presents, ask the entire class to consider the following discussion questions: a. Mapp v. Ohio The Constitution says that “unreasonable searches” are not allowed. What do you think is an “unreasonable search”? b. Texas v. Johnson Do you think expression and speech that offends people should be allowed? c. Brown v. Board of Education Are separate facilities ever equal? d. U.S. v. Nixon Should the President be treated like everyone else under the law? 6. To conclude the class, use this discussion question: Many of these cases are controversial today. How do you feel about the cases you learned about? Option 2 (more basic) 1. Select one or two cases from the Landmark Case handouts (attached). Provide copies of the handout (s) related to the case/cases that you selected. 2. Read the selected Landmark Case handout(s) as a class and answer the Case Analysis questions together. Depending on the case(s) chosen, discuss the following questions: a. Mapp v. Ohio The Constitution says that “unreasonable searches” are not allowed. What do you think is an “unreasonable search”?

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b. Texas v. Johnson Do you think expression and speech that offends people should be allowed? c. Brown v. Board of Education Are separate facilities ever equal? d. U.S. v. Nixon Should the President be treated like everyone else under the law? 3. To conclude the class, use this discussion question: Many of these cases are controversial today. How do you feel about the cases you learned about? Learn More Links Smithsonian’s History Explorer (http://historyexplorer.americanhistory.si.edu) Your gateway to innovative online resources for teaching and learning American history, designed and developed by the National Museum of American History. The American Presidency Online Exhibition (http://americanhistory.si.edu/presidency) The online exhibition accompanies The American Presidency exhibition at the National Museum of American History. Although the exhibition focuses on the presidents, it also interprets artifacts connected to the Supreme Court, particularly in relation to curbing presidential powers. Street Law (http://www.streetlaw.org) Street Law is a nonprofit organization dedicated to providing practical, participatory education about the law, democracy and human rights. The Supreme Court (http://www.supremecourt.gov) The official website for the Supreme Court provides information about the Supreme Court, including current and past cases and justices. Credits for Handout Content •

Street Law, Inc. Georgetown University Law Center, www.streetlaw.org Accessed September 15, 2011.

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Background Information • • • • • • •

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The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for reelection, they are thought to be insulated from political pressure when deciding cases. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress. The Court's decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. However, the Court may consider appeals from the highest state courts or from federal appellate courts. The Court has original jurisdiction in cases involving ambassadors and other diplomats, and in cases between states. Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court's task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied. Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions.

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Landmark Case Handout 1

Mapp v. Ohio (1961)

What happened? In Cleveland, Ohio, police forced open the door of Dolree Mapp’s house. They searched her house. Police did not have a warrant to search Mapp’s house. A warrant is permission from a court. The police found illegal materials in her house. The police showed the illegal materials in court. The court found Dolree Mapp guilty and sent her to prison. What part of the Constitution is important to this case? The Fourth Amendment says: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . . and particularly describing the place to be searched, and the persons or things to be seized.” What is the question of the case? Since the police search of Mapp’s house was illegal (against the Constitution), can the things they found be part of a case in court? What was the Supreme Court’s decision? Courts cannot use things that are found in an illegal search to decide if someone is guilty or innocent.

Case Analysis Questions: (Answers may vary for each student.) What was this case about?_____________________________________________ __________________________________________________________________ Name the amendment to the Constitution that was important to this case. Then, rewrite that amendment in your own words.______________________________ __________________________________________________________________ __________________________________________________________________ What did the Supreme Court decide?____________________________________ __________________________________________________________________ What does this mean for Americans today?_______________________________ __________________________________________________________________ Circle or highlight any words that are new. Underline words that you think are especially important to the story of this case.

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Landmark Case Handout 2

Texas v. Johnson (1989)

What happened? Gregory Lee Johnson was part of a protest in Dallas, Texas. Johnson burned a United States flag as part of the protest. Many people were upset. Johnson was arrested. He was sent to prison. What part of the Constitution is important to this case? The First Amendment says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” What is the question of the case? Do people have the right to express themselves, even when it upsets others? What was the Supreme Court’s decision? Even offensive speech and expression, like flag burning, are protected by the First Amendment.

Case Analysis Questions: (Answers may vary for each student.) What was this case about?_____________________________________________ __________________________________________________________________ Name the amendment to the Constitution that was important to this case. Then, rewrite that amendment in your own words.______________________________ __________________________________________________________________ __________________________________________________________________ What did the Supreme Court decide?____________________________________ __________________________________________________________________ What does this mean for Americans today?_______________________________ __________________________________________________________________ Circle or highlight any words that are new. Underline words that you think are especially important to the story of this case.

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Landmark Case Handout 3

Brown v. Board of Education (1954)

What happened? In the 1950s, schools were segregated in Topeka, Kansas. African American children went to one school. White Americans went to another school. In some ways, the schools seemed equal. But lawyers for student Linda Brown argued that they were not. They said that separate schools meant worse education for African American students. What part of the Constitution is important to this case? Part of the Fourteenth Amendment: “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” What is the question of the case? Is racial segregation constitutional? What was the Supreme Court’s decision? No, segregated schools are against the Constitution. If schools are separate, they cannot be equal.

Case Analysis Questions: (Answers may vary for each student.) What was this case about?_____________________________________________ __________________________________________________________________ Name the amendment to the Constitution that was important to this case. Then, rewrite that amendment in your own words.______________________________ __________________________________________________________________ __________________________________________________________________ What did the Supreme Court decide?____________________________________ __________________________________________________________________ What does this mean for Americans today?_______________________________ __________________________________________________________________ Circle or highlight any words that are new. Underline words that you think are especially important to the story of this case.

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Landmark Case Handout 4

U.S. v. Nixon (1974)

What happened? President Richard Nixon was suspected of doing illegal acts. The court collected evidence, including tapes that Nixon recorded in his office in the White House. But Nixon didn’t give the court all of the tapes. He said that because he was President, he did not have to follow the court’s order. What part of the Constitution is important to this case? Part of Section One: Before [the President] enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." What is the question of the case? Does the President have to follow the law (and the Constitution)? What was the Supreme Court’s decision? Yes, the President must follow the law.

Case Analysis Questions: (Answers may vary for each student.) What was this case about?_____________________________________________ __________________________________________________________________ Name the amendment to the Constitution that was important to this case. Then, rewrite that amendment in your own words.______________________________ __________________________________________________________________ __________________________________________________________________ What did the Supreme Court decide?____________________________________ __________________________________________________________________ What does this mean for Americans today?_______________________________ __________________________________________________________________ Circle or highlight any words that are new. Underline words that you think are especially important to the story of this case.

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Sample Answers for Handouts 1-4 Landmark Case Handout 1: Mapp v. Ohio (1961) What was this case about? This case was about search warrants and illegal searches. A woman was searched illegally. She was sent to jail because police found illegal things in her house. This case decided if this is constitutional. Name the amendment to the Constitution that was important to this case. Then, rewrite that amendment in your own words. The Fourth Amendment says that police cannot search people without a search warrant. What did the Supreme Court decide? The Supreme Court decided that things that the police find in illegal searches cannot be part of a court case. What does this mean for Americans today? We do not have to let police search ourselves or our things without a search warrant. If we are searched illegally, the police cannot use things they find against us in court.

Landmark Case Handout 2: Texas v. Johnson (1989) What was this case about? This case was about burning the American Flag. Name the amendment to the Constitution that was important to this case. Then, rewrite that amendment in your own words. The First Amendment says that people have freedom of speech. They can express themselves as they choose. What did the Supreme Court decide? The Supreme Court decided that people have freedom of speech even when it offends other people. What does this mean for Americans today? You can say and express your opinions even if it makes other people upset.

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Landmark Case Handout 3: Brown v. Board of Education (1954) What was this case about? This case was about racial discrimination and segregation in schools. Name the amendment to the Constitution that was important to this case. Then, rewrite that amendment in your own words. The Fourteenth Amendment says that the law needs to treat everyone the same. What did the Supreme Court decide? The Supreme Court decided that it people went to separate schools, then they weren’t being treated equally. What does this mean for Americans today? Segregation is illegal. African Americans are treated more equally.

Landmark Case Handout 4: U.S. v. Nixon (1974) What was this case about? President Nixon didn’t follow the law. Does a President always have to follow the law? Name the part of the Constitution that was important to this case. Then, rewrite that part in your own words. Section One says that the President must preserve the Constitution. This means they must follow laws themselves. What did the Supreme Court decide? The Supreme Court decided that President Nixon needed to follow the law. What does this mean for Americans today? The rule of law means that all people are equal under the law. All elected officials must follow the law.

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