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Standards-based MediA Resource for Teachers
The Judicial Branch of Government
Teacher’s Guide
30822
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FILMS MEDIA GROUP
INTRODUCTION
This Teacher’s Guide provides information to help you get the most out of The Judicial Branch of Government.
The contents in this guide will allow you to prepare your students before using the program and present
follow-up activities to reinforce the program’s key learning points.
The purpose of this program is to help students understand one of the most misunderstood branches of government. The purpose, responsibilities, and make-up of the judicial branch of government are detailed in this video.
This program highlights and explains how members of the Supreme Court are continuously asked to interpret
laws and uphold the Constitution on a regular basis.
LEARNING OBJECTIVES
After viewing the program, students will be able to:
● Understand how a system of checks and balances maintains equal power between the branches of
government.
● Understand how the Supreme Court interprets laws to resolve disputes.
● Understand how the judicial branch is organized, and the process by which decisions pass through the court
system.
● Understand how the decisions made by the Supreme Court affect people’s daily lives.
EDUCATIONAL STANDARDS
National Standards
This program correlates with the National Standards for Civics and Government from the Center for Civic
Education and the National Standards for History from the National Center for History in the Schools. The
content has been aligned with the following educational standards and benchmarks from these organizations.
● Understand the purposes and uses of constitutions.
● Understand the relationship of limited government to political and economic freedom.
● Understand shared powers and parliamentary systems.
● Understand how American constitutional government has shaped the character of American society.
● Identify the criteria for evaluating rules and laws.
● Understand the organization and the responsibilities of state and local governments.
● Understand judicial protection of the rights of individuals.
● Understand distributing, sharing, and limiting powers of the national government.
● Understand the scope and limits of rights.
● Identify economic rights.
● Identify political rights.
● Identify personal rights.
● Understand the institutions and practices of government created during the Revolution and how they were
revised between 1787 and 1815 to create the foundation of the American political system based on the U.S.
Constitution and the Bill of Rights.
Reprinted with permission. National Standards for Civics and Government. 1994. Center for Civic Education. Calabasas, California.
The National Standards for History, Basic Edition reprinted with permission from the National Center for History in the Schools.
English Language Arts Standards
The activities in this Teacher’s Guide were created in compliance with the following National Standards for the
English Language Arts from the National Council of Teachers of English.
● Apply knowledge of language structure, language conventions (e.g., spelling and punctuation), media
techniques, figurative language, and genre to create, critique, and discuss print and non-print texts.
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● Use spoken, written, and visual language to accomplish their own purposes (e.g., for learning, enjoyment,
persuasion, and the exchange of information).
● Adjust their use of spoken, written, and visual language (e.g., conventions, style, vocabulary) to communicate
effectively with a variety of audiences and for different purposes.
● Employ a wide range of strategies as they write and use different writing process elements appropriately to
communicate with different audiences for a variety of purposes.
● Use a variety of technological and information resources (e.g., libraries, databases, computer networks, video)
to gather and synthesize information and to create and communicate knowledge.
● Conduct research on issues and interests by generating ideas and questions, and by posing problems. They
gather, evaluate, and synthesize data from a variety of sources (e.g., print and non-print texts, artifacts,
people) to communicate their discoveries.
● Participate as knowledgeable, reflective, creative, and critical members of a variety of literacy communities.
Standards for the English Language Arts, by the International Reading Association and the National Council of Teachers of English, copyright
1996 by the International Reading Association and the National Council of Teachers of English. Reprinted with permission.
Technology Standards
The activities in this Teacher’s Guide were created in compliance with the following National Education
Technology Standards from the National Education Technology Standards Project.
● Demonstrate proficiency in the use of technology.
● Practice responsible use of technology systems, information, and software.
● Use a variety of media and formats to communicate information and ideas effectively to multiple audiences.
● Use technology tools to enhance learning, increase productivity, and promote creativity.
● Use technology to locate, evaluate, and collect information from a variety of sources.
The National Education Technology Standards reprinted with permission from the International Society for Technology Education.
PROGRAM OVERVIEW
The operation of the judicial branch is part of our daily lives, but how much do we really know about it? Almost
every day, we read and hear about the judicial branch of government. In school, we learn how famous cases
have changed the history of this country. The Supreme Court of the United States has issued decisions concerning school desegregation, school prayer, abortion, prison overcrowding, the death penalty, the rights of criminal
defendants, and many other subjects. In the United States, there are three branches of government—the legislative, executive, and judicial. They interact in a system of checks and balances that prevents any one branch from
becoming too powerful. This program focuses on the judicial branch and its role in government. Students see
how its decisions affect our daily lives, how it resolves disputes without bloodshed, how it interprets our laws
and explains what they mean, and how it prevents the legislative and executive branches from abusing their
power.
MAIN TOPICS
Topic 1: The Three Branches of Government
This section of the program begins by defining the three branches of government, and how a system of checks
and balances keeps any one branch from becoming too powerful.
Topic 2: Interpreting the Laws
This section explains that the major role of the Supreme Court is to interpret the laws, and apply this interpretation in federal court.
Topic 3: Crime and the Law
This section explains the difference between criminal cases and civil cases. It also describes how verdicts are
made in the two systems, and the role of a jury.
Topic 4: State and Federal Courts
This section outlines the process of trying a case in state and federal courts, and the purpose and procedure of
appeals.
FAST FACTS
● The Constitution of the United States was written in Philadelphia, Pennsylvania, in 1787.
● The word “privacy” does not appear anywhere in the Constitution.
● The process for amending the Constitution is described in Article V.
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● The first ten amendments to the Constitution are called the Bill of Rights.
● Amendments are not removed from the Constitution. They are repealed by adding another amendment which
nullifies the first.
● The 13th, 14th, and 15th amendments are known as the Civil War amendments because they abolished slavery,
gave African-Americans the right to vote, and granted them legal and representative equality.
● The 18th amendment prohibiting the manufacture, transport, or sale of alcohol is the only amendment to be
repealed by another amendment—the 21st.
● Women did not have the right to vote in national or state elections until 1920, when the 19th amendment was
ratified, ending the women’s suffrage movement.
● Amendment 26, lowering the voting age to 18, was ratified only 4 months after it was first proposed.
● It took Amendment 27, limiting politicians’ pay raises, more than 200 years to be ratified.
● In 1789, the Chief Justice’s salary was $4,000, while associate justices made $3,500. By 1997, the Chief Justice’s
salary had risen to $171,500, and associate justices to $164,100.
● A Supreme Court term begins on the first Monday in October, and runs through late June or early July.
● Chief Justice Samuel P. Chase was the only justice to appear on U.S. currency. He was on the $10,000 bill,
which is no longer printed.
● Justice Byron (“Whizzer”) White is the only justice to be a member of the football Hall of Fame.
● The Supreme Court initially had only six judges—it has nine today.
VOCABULARY TERMS
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amendment: In government and law, an addition or alteration made to a constitution, statute, or legislative bill
or resolution.
Articles of Confederation: The first U.S. constitution (1781–1789), which served as a bridge between the initial
government by the Continental Congress of the Revolutionary period and the federal government provided
under the U.S. Constitution of 1787.
Bill of Rights: The first ten amendments to the Constitution, adopted in 1791. These are the basic rights that all
Americans have. The Bill of Rights’ purpose is to protect the people from the government.
checks and balances: A system set by the Constitution in which the executive, legislative, and judicial branches of government have the power to check each other to maintain a balance of power.
civil rights: Those rights that belong to all persons who are citizens of a state or country.
Congress: America’s legislative branch of government, consisting of two chambers: the House of
Representatives, and the Senate.
consent: To agree or approve; to be in agreement in opinion or sentiment.
constitution: A group of customs, traditions, rules, and laws that sets forth the basic way a government is
organized and operated.
constitutional: A determination by the U.S. Supreme Court as to whether Congress enacted a law that is within
the powers granted by the Constitution.
democracy: The governmental philosophy in which the people ideally have a high degree of control over
political leaders.
domestic tranquility: Peace among the states.
ex post facto law: A law that makes an act a crime after it was committed.
exclusionary rule: A judicial doctrine based on the Fourth Amendment to the Constitution which protects
citizens against illegal search and seizure. Any evidence obtained in this manner would be inadmissible in a
court proceeding.
executive branch: The U.S. President and the departments that carry out the laws of the federal government.
federal supremacy clause: Article VI, Section 2 of the U.S. Constitution, which states that the Constitution and
all federal laws and treaties shall be the supreme law of the land.
founding fathers: Individuals who made significant intellectual contributions to the Constitution.
full faith and credit clause: A constitutional provision in Article IV of the Constitution that requires all states
to honor the laws, judgments, and public documents of every other state.
government: The organization, machinery, or agency through which a political unit exercises authority and
performs functions, and which is usually classified according to the distribution of power within it; the complex
of political institutions, laws, and customs through which the function of governing is carried out.
House of Representatives: The lower chamber, it is the larger of the two chambers of Congress. The number
of representatives depends on each state’s population but is limited to a total of 435 members.
implied powers: Powers that are not explicitly granted by the Constitution, but are implied in Article I, Section
8, Clause 18 of the Constitution. (Clause 18 is also known as the “elastic clause” or the “necessary and proper”
clause.)
inalienable rights: The natural rights of citizens defined by John Locke as “life, liberty, and property that can
only be taken away by God.” Government is created to protect these rights.
joint committee: A committee made up of members of both houses of government in order to speed action
on the legislation.
judicial branch: one of the three governmental branches with the purpose of interpreting laws.
judicial review: A power the Supreme Court conferred upon itself in the 1803 case of Marbury v. Madison
(1803) to review the constitutionality of acts passed by Congress or actions by the president.
legislative branch: The division of government that makes the laws; Congress.
necessary and proper clause: The implied powers clause located in Article I, Section 8, Clause 18 of the
Constitution. It states that aside from the enumerated powers given to the federal government, it also has the
power to pass any law that can be traced back to those powers delegated in the Constitution.
prohibition: A ban.
ratify: To pass or approve.
representative government: Also known as an indirect democracy or a republic. This is when the people elect
representatives to make laws for their benefit.
republic: The type of government in which voters elect representatives to make the laws for the country.
separation of powers: The philosophy of a balanced government in which each of the three branches
(executive, legislative, judicial) have their own powers.
standing committee: The name given to a permanent congressional committee.
U.S. Supreme Court: The highest federal court in the nation. U.S. Supreme Court justices are appointed by the
President on the advice and consent of the Senate.
unconstitutional: A legislative act or presidential action that violates the Constitution based on the interpretation of the Supreme Court.
unicameral legislature: Refers to a one-house legislature.
PRE-PROGRAM DISCUSSION QUESTIONS
1. Do you think the U.S. court system is fair?
2. Explain why the phrase “Equal Justice Under Law” is inscribed on the Supreme Court building.
3. What are some of the roles of the Supreme Court?
4. Does the judicial branch of government only include the Supreme Court?
5. Why is it necessary to have an appointed group of people to interpret laws?
POST-PROGRAM DISCUSSION QUESTIONS
1. How can a Supreme Court decision in one instance result in changes all over the country?
2. Do you think that Supreme Court Justices should have a time limit on how long they can serve? What are the
pros and cons of having justices serve life terms?
3. Describe the three-tiered system used in federal courts.
4. What is a petition for certiorari? Why is the Supreme Court considered a discretionary court?
GROUP ACTIVITIES
No One Said Life Was Fair
The purpose of this activity is to provide an unfair situation to introduce the concept of justice. It is a hypothetical problem which students will try to solve through critical thinking skills.
Read a hypothetical note from the principal to the class which says that their class will not be able to participate
in an activity enjoyed by other classes on their grade level. For example, an area of the playground would be
off-limits to them and the class must find other activities to do. The class will not receive any assistance in
obtaining other forms of activities.
Begin a class discussion asking for students’ reactions to the letter. If they feel that it’s unfair, make sure you ask
them to explain why. Then, suggest that the class compose a letter to the principal describing their concerns.
The letter should also include suggestions of ways to make the new policy more fair to the class.
INDIVIDUAL STUDENT PROJECTS
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Supreme Treasure Hunt
Each student will go on a treasure hunt to discover information related to the Supreme Court. Students may use
the library, textbooks, or the Internet to find the answers to the following questions. They should then compile
the answers to all the questions in a short essay paper.
• Can you name the person who currently sits in the center chair of the Supreme Court bench?
• How long have the justices worn black robes?
• Why do the justices shake hands with one another when they assemble and at the beginning of private
conferences?
• Which president has appointed the most associate justices to the Supreme Court? How many did he appoint?
• Create another tradition or symbol for the Supreme Court. Draw the symbol or write a description of the new
tradition. How does your new tradition or symbol fit the purpose and goals of the Court?
INTERNET ACTIVITIES
Is Justice Fair?
Have students research the structure of the state and federal court systems. Then, have them construct a
diagram of the applicable federal and state courts for their jurisdiction. Once the charts are constructed, ask
the students if the system does indeed provide “equal justice.” Ask for suggestions to improve the system.
ASSESSMENT QUESTIONS
Q: Which of the following is not part of the judicial branch of the U.S. government?
(a) The Supreme Court
(b) Courts of appeal
(c) District courts
(d) Small claims court
A: (d)
Feedback: The judicial branch of government consists of district (or trial) courts, circuit (or appellate) courts, and
The Supreme Court.
Q: The Supreme Court consists of ____ justices.
(a) six
(b) seven
(c) eight
(d) nine
A: (d)
Feedback: Nine justices of the Supreme Court are appointed by the president.
Q: Federal judges are appointed to _____ terms.
(a) lifetime
(b) ten year
(c) twenty year
(d) five year
A: (a)
Feedback: Justices have their jobs for life, unless they resign, retire, or are impeached as described in the
Constitution.
Q: __________ appoint(s) Supreme Court justices.
(a) The Senate
(b) State representatives
(c) The President
(d) A conference committee
A: (c)
Feedback: George Washington appointed the most associate Supreme Court justices.
Q: The Supreme Court has no power to:
(a) interpret constitutional questions
(b) impeach the U.S. president
(c) decide constitutionality of laws made by Congress
(d) make rulings on cases involving foreign affairs
A: (b)
Feedback: The legislative branch has the power to impeach a U.S. president.
Q: The Supreme Court has the power to strike down laws determined to be unconstitutional. (True or False)
A: True
Feedback: The Court decides if a law or government action violates the Constitution. Judicial review enables the
Court to overrule both federal and state laws when they conflict with its interpretation of the Constitution.
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Q: Our system of checks and balances is defined in the ________________.
(a) Declaration of Independence
(b) Bill of Rights
(c) United States Constitution
(d) Federalist Papers
A: (c)
Feedback: Article V of the Constitution outlines the system of checks and balances.
Q: The U.S. Supreme Court is obligated to review all cases brought before it. (True or False)
A: False
Feedback: Thousands of cases are brought before the Supreme Court every year, but only about 80 to 100 cases
are reviewed. Those reviewed address a pressing constitutional issue, as the decision in one case can affect hundreds of other cases.
Q: Checks and balances prevent ___________ from becoming too powerful.
(a) any one branch
(b) the President
(c) the states
(d) Congress
A: (a)
Feedback: The system of checks and balances described in the Constitution is a way to prevent one branch of
government from becoming too powerful.
Q: The Supreme Court has never exercised its power to declare a law unconstitutional. (True or False)
A: False
Feedback: One example occurred in 1954, when the decision in Brown v. Board of Education banned racial
segregation in public schools. The ruling started a long process of desegregating schools and other institutions.
ADDITIONAL RESOURCES
The White House
www.whitehouse.gov
The U.S. Constitution Online
www.usconstitution.net
Government Resources
THOMAS (The Library of Congress)
http://thomas.loc.gov/links
The National Archives
America’s Historical Documents
www.archives.gov/historical-docs
GovSpot
U.S. government, state government & more
www.govspot.com
Govtrack.us
a civic project to track Congress
www.govtrack.us
OpenCongress
Track bills, votes, senators, and representatives in the U.S. Congress
www.opencongress.org
United States Senate
www.senate.gov
United States House of Representatives
www.house.gov
The Supreme Court of the United States
www.supremecourtus.gov
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PUBLICATIONS
Abigail Adams: Witness to a Revolution, by Natalie S. Bober. Pocket Books, 1998. ISBN: 0689819161
Amending America: If We Love the Constitution So Much, Why Do We Keep Trying to Change It?
by Richard B. Bernstein, Jerome Agel. Times Books, 1993. ASIN: 0812920384
American Patriots: The Story of Blacks in the Military from the Revolution to Desert Storm,
by Gail Lumet Buckley. Random House, 2001. ISBN: 0375502793
Founding Brothers: The Revolutionary Generation, by Joseph J. Ellis. Knopf, 2000. ISBN: 0375405445
Jefferson’s Pillow: The Founding Fathers and the Dilemma of Black Patriotism, by Roger Wilkins.
Beacon Press, 2001. ISBN: 0807009563
Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787,
by Catherine Drinker Bowen. Little Brown & Co., 1986. ISBN: 0316103985
OTHER PRODUCTS
U.S. Government: How It Works
While the complexities of the American political system have never been greater, the right visual aid can help
students sift through them—and even develop a passion for the subject. This six-part series is an ideal tool for
introducing and exploring key aspects of U.S. government and public policy. Using a combination of eye-catching graphics, dynamic video footage, and interviews with legal and political scholars, each episode celebrates a
particular dimension of American democracy while equipping students to candidly discuss political issues. Topics
range from the Constitution and the three branches of government to the electoral process and the responsibilities of citizenship. Viewable/printable instructor’s guides are available online. A Films for the Humanities &
Sciences Production. 6-part series (21-26 minutes each) © 2010
Order #: 39960, www.films.com, 1-800-257-5126
Moyers: Report from Philadelphia Video Clip Collection—Themes
This two-part set composed of 76 clips (2:35 each) is arranged into groupings that take a thematic approach to
the Constitutional Convention of 1787. A viewable/printable instructor’s guide is available online. 2-part set.
Themes from the 1787 Constitutional Convention—Part 1
This program uses 38 video clips (2:35 each) to explore seven themes that emerged during the Constitutional
Convention of 1787, some of which are still relevant today. (104 minutes)
Themes from the 1787 Constitutional Convention—Part 2
This program uses 38 video clips (2:35 each) to explore seven more themes of the Constitutional Convention of
1787, including National Powers: War, Taxes, and National Defense. (104 minutes)
Order #: 39942, www.films.com, 1-800-257-5126
The Amendments to the Constitution: Bill of Rights and Beyond
This comprehensive three-part series explores each Constitutional amendment, its origins, its real-world
applications, its history of interpretation in America’s courts, and its implications for the future. A Cambridge
Educational Production. 3-part series (43-61 minutes each)
Order #: 36175, www.cambridgeeducational.com, 1-800-468-4227
Bill of Rights: Bill of Responsibility
Bill Maher hosts this witty inquiry into the meaning of the U.S. Constitution in our lives today.
Order #: 7984, www.cambridgeeducational.com, 1-800-468-4227
Symbols of Freedom, Posters
This laminated poster set beautifully captures the reassuring dignity and inspirational power of six national
icons while providing dozens of fascinating facts about them.
Order #: 36962, www.cambridgeeducational.com, 1-800-468-4227
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