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Unit

Unit 5: The Judiciary

Guiding question

What is the role of courts in the American constitutional order?

Published
Apr 12, 2025
U.S. Supreme Court building with an American flag and blue ribbon graphic above it.

Guiding Question:

  • What is the role of courts in the American constitutional order?

Objectives:

  • Students will explain the purpose of courts.
  • Students will describe the connections between the U.S. Supreme Court and the constitutional principles, institutions, processes, policies, and behaviors of the United States government.
  • Students will differentiate court levels and describe the difference between state and federal courts and the difference between civil and criminal trials.
  • Students will describe the facts, issues, holdings, reasonings, decisions, and opinions of landmark Supreme Court cases.
  • Students will analyze documents to explain how Supreme Court cases relate to foundational documents and other primary or secondary sources.

Teacher resource

Unit 5: The Judiciary Inquiry Organizer

What is the role of courts in the American constitutional order?

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Lessons

Black and white image of a courthouse facade with decorative columns and the word "COURTHOUSE" above.
Levels of Federal Courts
  • 2 Activities

What is the structure of the federal court system in the United States? 

Statue of Lady Justice holding scales, representing fairness and legal justice.
The Rule of Law
  • 1 Activity
  • 60 min

How does the Founding principle of the rule of law affect the daily lives of citizens?

A gavel rests on a wooden surface in front of a person writing on paper.
Judicial Review
  • 2 Activities
  • 90 min

What role does the Supreme Court play in the United States constitutional order?

Three people with raised fists in front of a historic building, symbolizing solidarity and protest.
Judicial Review: Precedent & Change
  • 1 Activity
  • 2 Essays
  • 45 min

What role does the Supreme Court play in the United States constitutional order?

Image of a classical building with columns, featuring the inscription "Equal Justice Under Law." Abstract blue brushstroke in background.
Discussion Guide for Landmark Cases
  • 1 Activity
  • 1 Essay

A discussion guide that helps students analyze landmark Supreme Court cases, distinguishing between constitutional reasoning and personal opinions.

Close-up of classical sculptures on a building facade, featuring figures representing justice and law.
Point-Counterpoint: Supreme Court Authority
  • 1 Activity
  • 2 Essays

Is the Supreme Court the final authority on the meaning of the Constitution?

Unit resources

Text about the United States Supreme Court and its role in the federal court system.
ActivityLevels of the Courts Handout

A student handout that details the responsibilities of the U.S. District Courts, U.S. Court of Appeals, and the Supreme Court.

Infographic explaining the levels of federal courts: U.S. Supreme Court, U.S. Courts of Appeals, and U.S. District Courts.
ActivityInfographic: Levels of Federal Courts

An infographic outlining the structure and jurisdiction of the three levels of federal courts: District Courts, Courts of Appeals, and the Supreme Court.

Abraham Lincoln's First Inaugural Address from March 4, 1861, with a portrait of Lincoln.
ActivityAbraham Lincoln’s First Inaugural Address, March 4, 1861

The text of Lincoln's speech and corresponding analysis questions.

Text on a webpage outlining an activity about judicial review and Supreme Court case analysis.
ActivityJudicial Review: Precedent & Change Organizer

Explore the role of judicial review and precedent in Supreme Court decisions and analyze cases to understand how the Court maintains consistency.

Illustration of scenario cards for Marbury v. Madison (1803), detailing case summary and constitutional principles.
ActivityLandmark Supreme Court Cases Scenario Cards

A student handout that helps students articulate the main arguments and implications of the decisions in nine Landmark Supreme Court Cases.

Document excerpt discussing the role of the Supreme Court in the American constitutional system.
ActivityFederalist 78

The text of Federalist 78 and corresponding analysis questions.

A graphic organizer summarizing judicial review and foundational documents, including excerpts and interpretations.
ActivityFounding Documents Graphic Organizer

Help students define and understand judicial review by analyzing Federalist #78, Article III of the Constitution, and the Marbury v. Madison (1803) decision.

Text discussing Article III of the U.S. Constitution alongside an image of a historical document.
ActivityPrimary Source: U.S. Constitution, Article III

The text of Article III of the U.S. Constitution and corresponding comprehension questions.

Document titled "Judicial Review" with directions for comparing Supreme Court cases. Contains a worksheet format.
ActivitySupreme Court Decisions Comparison Worksheet

Compares two Supreme Court cases through the lens of judicial review and a single founding principle.

A game box titled "Courtship" next to black and white cards labeled "Response" and "Opinion."
ActivityCourtship Card Game

A judging and deductive reasoning game that explores the concept of analyzing a case and reapplying it elsewhere.

Illustration of John Marshall with text about the Marshall Court and its historical significance.
EssayTimeline of the Court

Narrative content that explores four eras of the Supreme Court: The Marshall Court, the Taney Court, The Warren Court, and the Modern Courts.

Text excerpt discussing the role of the judiciary in the U.S. constitutional system, titled "The Court over Time."
EssayThe Court over Time

Explore the limits, powers, and expansion of the Court's interpretations over the course of U.S. history.

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