Coats v. Green Mock Trial

Transcription

1 Coats v. Green Mock Trial Name: PART 1: Guided Questions for Watching McCulloch v. Maryland Segment Directions: As you view the DVD clip, think about the following questions. Do not move on to part 2 until your teacher asks you to do so: A. Who were the major players in the case? B. What was the main issue of conflict? C. What did the Court decide in the case of McCulloch v. Maryland? What reasons did the Court give for its decision? PART 2: Coats v. Green Mock Trial Directions: After reading the case out loud, students will assume the role of either the Coats or Green legal team. This case tackles issues very similar to McColluch v. Maryland. Once you are put in a group, you will be your group s task to convince the Supreme Court (your teacher) whose side is right. In order to do this, you need to familiarize yourself with both sides arguments. 1. Individually: Prepare for your case by learning more about the background of the case and McColluch v. Maryland. Read the material that is provided in the rest of this handout. 2. Individually: After reading, draft 3 arguments for each side. Include supporting evidence from the material below. 3. As a Team you will a) Agree on your three arguments and supporting evidence a. At least one of your arguments must make use of your team s witness and affidavit b) Use your knowledge of the opposing side to come up with counter-arguments Be prepared to present your arguments and counter-arguments next class. Good Luck!

2 Coats v. Green (2015) Since the late 2000s, Pioneer High in South Temple, PA has experienced problems with its students. Not only has school performance steadily dropped, but several student-teacher brawls have reached the Internet through smartphones and social media making the school a national laughing stock. By the beginning of 2015, community uproar prompted the South Temple School Board to do something about it and they issued a new student conduct policy. In addition to stricter rules and consequences for misconduct, the new policy gave teachers, the freedom to create their own rules if necessary for the implementation of school policy. This caused some alarm among the student body and some parents. Many feared that some teachers would go beyond disciplining students and would use the loose policy to exact revenge teachers like Mr. Froula who had his coffee spiked with laxatives by the famous Brutal Boolin Squad. As a result, the School Board came up with a compromise the student conduct policy would remain asis, but there would be some additional safeguards for student rights. An amended student conduct policy said that, powers not given to administration/faculty would be reserved to the Student Council. One of the first measures passed by Pioneer s Student Council allowed for students to write disciplinary referrals for their teachers if they should abuse school policy. While most teachers were able to regain control of their classes without heavy use of their new powers, teachers like Ms. Coats still struggled. In the beginning of October, Ms. Coats unveiled to her class a series of new rules: Students cannot be excused from class without being escorted out by Ms. Coats student-teacher or an administrator Hoodies and other distracting garments are banned Students have to put their phones in their lockers before coming to class, those who fail to do so will be suspended No boolin allowed whatsoever These rules were universally unpopular with all of Ms. Coats classes. On October 20 th these issues came to a head. Jeremy Green, alleged leader of the Brutal Boolin Squad, decided to write Ms. Coats a referral, accusing her of infringing on his rights as a student.

3 Relevant Excerpts of the Constitution: The Necessary and Proper Clause (Article I, Section 8, Clause 18) "The Congress shall have the Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested in this Constitution." The Necessary and Proper Clause is also known as the "Elastic Clause" because its meaning may be stretched to allow Congress to pass a variety of laws. The Supremacy Clause (Article VI, Clause 2) "This Constitution, and the Laws of the United States which shall be made in pursuance thereof... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding." This part of the Constitution specifically states that federal laws take priority over state laws. The Tenth Amendment "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people." Main s for McCulloch: Although the power to charter a national bank is not specifically mentioned in the Constitution, it is one of the implied powers that the Necessary and Proper Clause grants Congress. The bank is a "necessary and proper" way for Congress to conduct the financial affairs of the country. If Maryland is allowed to tax the bank, the state could destroy the bank by taxing it so much that it would have to close. Main s for Maryland: The right of the national government to establish a bank is not specifically granted in the Constitution. It is also not an implied power, so Congress had no right to establish a national bank. The power to establish banks is reserved for the states. States are sovereign (they have complete and permanent authority over themselves), so they have the authority to tax institutions and businesses in their borders.

4 Plaintiff: Affidavit of Jeremy Green 1. My name s Jeremy Green and I was born in Lived in South Temple all my life. 2. Our school is pretty wild man (haha). Kids throw chairs, get in fights with teachers, they don t care. But I do good in school all Bs, maybe one or two Cs. Teachers bug out on me sometimes and I don t know why. I m loud in class sometimes but so is everyone else. Teachers say I m a part of that Brutal Boolin Squad but those are just rumors. 3. I tried to ignore all this mess until Ms. Coats went OD with the rules. Like, she went crazy or something. Everybody hates the rules so I don t know why she has them. The class still acting bad as hell. 4. So, yeah, I wrote Ms. Coats up. Her rules don t help anything. She just use it to pick on kids like me. 5. She didn t think I knew about Student Council. She making rules that the Student Council is supposed to make, not her. We have student rights. Defendant: Affidavit of Ms. Coats 1. My name is Margaret Coats and I was born in I lived in Haveford most my life, but I ve been in South Temple the last couple of years teaching. 2. Teaching at Pioneer is definitely challenging, but I try to appreciate what we have. We have a very supportive administration that is giving us the tools to save our classrooms. I know most of the teachers are making their own classroom rules and they re seeing the results. 3. I waited to introduce my class new rules; most teachers laid them out at the beginning of the school year, but there was so much that needed to change that I didn t know where to start. After my department chair observed a class of mine that didn t go too well, she told me about what the other teachers were doing what rules they had. I decided that I was going to adopt all of them. 4. Of course the students don t like the rules. They are so used to having their way, but it s been hurting them and the school. After a while, they will get used to them and they will see the difference. So many classes at Pioneer now are better behaved and studious. 5. I don t discipline Jeremy anymore than my other students so, no, I haven t been taking away his rights like he says. I did not break any school rules so he can t write me up.

5 Coats Coats v. Green Graphic Organizer Green

6 Coats Coats v. Green Graphic Organizer Green