Aligned with Maryland State Standards

Transcription

1 Multiple Pathways to Success Quarter 3 Learning Module Aligned with Maryland State Standards Social Studies LSN GOVERNMENT Prince George s County Public Schools Board of Education of Prince George s County, Maryland

2 LSN Government 3rd Quarter Learning Module Maryland State Standards Covered in 3rd Quarter Goal 1: Political Systems The student will demonstrate an understanding of the historical development and current status of principles, institutions, and processes of political systems The student will evaluate how the principles of government assist or impede the functioning of government. Assessment limits: Concepts: federalism, separation of powers, checks and balances, judicial review, representative democracy, limited government, rule of law, individual rights and responsibilities, consent of the governed, majority rule, popular sovereignty, equal protection, and eminent domain. Federal and Maryland state government: Legislative, Executive and Judicial powers, structure and organization. Local government will be assessed in terms of powers and responsibilities. Selection of National and Maryland state leaders: Electoral College and election/appointment processes. INDICATOR The student will evaluate roles and policies the government has assumed regarding public issues. Assessment limit: Public issues: Environment (pollution, land use) Entitlements (Social Security, welfare) Health care and public health (costs, substance abuse, diseases) Censorship (media, technology) Crime (prevention, punishments) Equity (race, ethnicity, region, religion, gender, language, Socioeconomic status, age, and individuals with disabilities) EXPECTATION The student will evaluate how the United States government has maintained a balance between protecting rights and maintaining order The student will analyze the impact of landmark Supreme Court decisions on governmental powers, rights, and responsibilities of citizens in our changing society. Assessment limits: Cases included: Marbury v. Madison, McCulloch v. Maryland, Plessy v. Ferguson, Brown v. Board of Education, Miranda v. Arizona, Gideon v. Wainwright, Tinker v. Des Moines Board of Education, and New Jersey v. T.L.O. Other cases that address the same issues could be used, but information about these cases will be provided in the item. INDICATOR The student will evaluate the impact of governmental decisions and actions that have affected the rights of individuals and groups in American society and/or have affected maintaining order and/or safety. Assessment limits: Presidential use of power and executive orders affecting rights, order, and/or safety. National government agenciesâ actions affecting rights, order, and/or safety. State actions affecting rights, order, and/or safety. INDICATOR

3 1.2.4 The student will evaluate the principle of due process. Assessment limits: Fifth Amendment due process clause. Fourteenth Amendment due process clause. Procedural due process and the incorporation doctrine under the Fourteenth Amendment. Information about due process cases will be provided in the item. INDICATOR The student will analyze elements, proceedings, and decisions related to criminal and civil law. Assessment limits: Compare and contrast the elements, proceedings and decisions of civil and criminal law. Civil law: plaintiff, defendant, contract, breach of contract, torts (lawsuits involving negligence), damages, preponderance of evidence, petit jury, and out-of-court settlements. Criminal law: defendant, prosecutor, reasonable doubt, felony, misdemeanor, grand jury, indictment, probable cause, presumption of innocence, plea bargaining, writ of habeas corpus, and subpoena , 2.2.1, 4.1.2, 4.1.3, EXPECTATION 4.1 The student will demonstrate an understanding of economic principles, institutions, and processes required to formulate government policy. INDICATOR The student will evaluate the effectiveness of current monetary and fiscal policy on promoting full employment, price stability, and economic performance. Assessment limits: Business cycle, monetary policy (Federal Reserve actions) and fiscal policy (Legislative and Executive actions) and their effect on economic performance, full employment, and price stability. Tools of monetary policy (Federal Reserve System FED) include the reserve requirement, interest rates, and open-market operations (buying and selling of government securities). Tools of fiscal policy include increasing/decreasing taxes and tariffs and/or spending. Measures of economic performance include Gross Domestic Product (GDP), Consumer Price Index (CPI), and unemployment rate. Activities for Unit 5: Part 1: All in a Day s Work Procedures: 1. Anticipation Set: What does the President do? Which of his jobs are easiest? Which are hardest? Think about everything the President does in a day and rank each set of tasks from hardest to easiest. 2. Complete the Background Reading: All in a Day s Work to gather information about different types of governments. Be sure to Mark the Text as you read! 3. Next, practice what you learned by completing the All in a Day s Work Worksheet Parts A-C. Part 2: A Very Big Branch Procedures: 1. Begin with the Background Reading: A Very Big Branch to learn a bit about structure and functions of the various departments and agencies that comprise the Executive Branch. 2. Be sure to Mark the Text as you read! 3. Practice applying the concepts covered in the reading by completing the A Very Big Branch Worksheet Parts A-D.

4 Part 3: Foreign Policy 1. Begin by exploring the description of what Foreign Policy is as well as the tools used by the government to accomplish the goals of United States Foreign Policy. 2. Be sure to Mark the Text as you read! 3. Finally, practice what you learned about the given concepts by completing the Foreign Policy Worksheet Activities A-D. Part 4: Apply What you Learned Read the information below and respond to the Constructed Response Item that below on a separate sheet of paper. A major goal of United States foreign policy is to have free and open trade with other countries. However, some of these other countries do not have democratic governments. Explain why the United States would maintain trade with these countries. Do you believe the United States should continue to trade with countries that do not have democratic governments? Explain why or why not. Use details and examples to support your answer.

5 Activities for Unit 6: Part 1: The Judicial Branch in a Nutshell Procedures: 1. First, read the Judicial Branch in a Flash in order to differentiate between different types of courts and familiarize yourself with the responsibilities and jurisdiction of each type of court. Be sure the Mark Up the Text as you read! 2. Then, complete the Worksheet Practice Activity, parts A-C. Part 2: Criminal vs. Civil Law Procedures: 1. Begin by reading and comparing various aspects of Criminal and Civil Law. Be sure the Mark Up the Text as you read! 2. Go on to complete the Compare & Contrast Activity A on Worksheet 1. Part 3: Marbury vs. Madison 1. Read about the case of Marbury vs. Madison. Identify the Case Background, COnstitutional Issue questioned, and the decision of the Supreme Court in this landmark case. 2. Complete the Practice Activity titled Supreme Court Strikedown: End of the Line for a Law to guess the outcome of each law presented based on what you learned about the power of the court. Part 4: Apply What you Learned Respond to the Constructed Response Item that below on a separate sheet of paper. *Note: This CR incorporates what you learned throughout Units 4, 5, and 6. Look at the chart below: Use the flow chart above to identify an example of the principle of checks and balances. Describe advantages and disadvantages of checks and balances in the United States government. Do the advantages of the use of checks and balances outweigh the disadvantages? Explain your answer. Include details and examples to support your answer.

6 All In a Day s Work The Coolest Job in the Country! Imagine you have been elected President of the United States. What do you think would be the best part of the job? Having your own personal jet? Living in the White House? Having a bowling alley in your house? (Yes, there s a one lane bowling alley in the basement of the White House!) Being president is not just fun and games. You have real responsibilities. Below is a list of things you would do as president of the United States. Which do you think would be the hardest to do? Which do you think would be the easiest? Rank the tasks in each list from 1 (hardest) to 3 (easiest). There is no correct answer! Use your own judgment. Anticipation Activity

7 All In a Day s Work The President s Rule Book The President of the United States is the leader of our nation and the leader of the executive branch of government. The Constitution of the United States gives all the rules for being president. It tells who can become president, what powers the president has, and some of the roles and duties the president takes on. Read it for yourself: Barack Obama is the current president of the United States. He was elected in November 2008 and took office on January 20, He was re-elected in Lawmaking and the Prez One of the President s most important functions is not in Article II it s in Article I, which talks about Congress! (The Constitution can be sneaky that way.) Congress is the lawmaking branch of government, but the Constitution requires the president s approval before a bill can actually become a law. The president either signs the bill to approve it or rejects the bill with a veto and sends it back to Congress. Reading p.1

8 All In a Day s Work Second In Command The Constitution of the United States gives the president a helper: the vice president. However, the Constitution doesn t say much about what the vice president does, except that the VP is also the president of the Senate (one of the two lawmaking chambers in Congress). But the VP only presides over the Senate to cast a tiebreaking vote or when there is a ceremony. The rest of the time, the vice president advises the president, travels the world negotiating with other countries, helps carry out laws here at home, and is important to many functions in the executive branch of government. Obama and Biden belong to the Democratic Party. Becoming President Political Party Leaders In the United States, presidential elections happen every four years. A president cannot serve more than two 4-year terms a total of eight years. This rule is found in the 22nd Amendment to the Constitution, which was added in If a president has only served one term and wants to be re-elected, that president ends up spending a lot of time campaigning during the last year of the term. If the president has already served a second term, often the vice president will decide to become a presidential candidate. Many presidents started out as the vice president. Joseph Biden is the current vice president of the United States. The president and vice president act as the leaders of their political party. This role is not part of the Constitution, but has evolved over time as part of the political process. A political party is an organized group of people who share similar views and work to influence the government in support of those views. As party leaders, the president and vice president work to accomplish the party s goals for how the government should address the issues facing our nation. The Republican and Democratic parties are the two major political parties in the U.S. Before the 2-term limit, President Franklin D. Roosevelt was elected to four terms in a row! He took office in 1933 and died in 1945, a few months into his fourth term. What If the President Dies? There have been several times in the history of the United States where a president has died. When that happens, the Constitution provides that the vice president becomes president. It also gives Congress the power to make a law saying who becomes president if something happened to both the president and the vice president. Congress did this in the Presidential Succession Act, which puts the speaker of the House (the leader of the House of Representatives) next in line after the vice president and lists everyone who is in line after that. Reading p.2

9 All In a Day s Work A. I ve Got the Power! Match each responsibility of the president and vice president with the correct power or duty found in the Constitution. President s Responsibilities 1) Lead weekly meetings where I ask the leaders of executive branch departments for advice on how to handle the country s most difficult problems. 2) Go to Congress and give my yearly State of the Union speech on what s happening in America. 3) Decide whether to approve or reject a bill that Congress has sent me. 4) Follow the Constitution and the law even if I disagree with it. 5) Decide whether to send more troops into war knowing that some will die, but it will keep the country safe. 6) Make sure the Department of Homeland Security properly carries out new airport safety laws that will anger some travelers. 7) Hold a press conference where I ask Congress to spend more money on space exploration. 8) Decide whether to let someone out of prison based on the prisoner s good conduct and particular circumstances 9) Negotiate an agreement with another country that would lower the taxes each one adds to the sale of items from the other country. 10) Choose a new Supreme Court justice to replace one who is retiring. Vice President s Responsibilities 11) Take over as president if I m needed. 12) Act as leader of the Senate. 13) Cast a tiebreaking vote in the Senate. 14) Work with the president to run the executive branch. Powers & Duties Listed in the Constitution: A. Power to carry out the laws B. Must protect and defend the Constitution C. Commander in Chief of the military D. Elected with the president to hold office in the executive branch E. May ask advisors, who lead parts of the government, for their opinion on different issues F. Is the president of the Senate G. Pardon someone for a crime, canceling their punishment H. Make treaties with other countries (with Senate approval) I. Take office as president if the current president dies, resigns, or is unable to do the job J. Choose new Supreme Court justices (with Senate approval) K. Make recommendations to Congress about what laws are needed L. Update Congress on how things are going in the country M. Sign (approve) or veto (reject) bills from Congress N. Can vote in the Senate if the senators are equally divided on a vote Review Worksheet p. 1

10 All In a Day s Work B. So Many Laws, So Little Time! The executive branch is in charge of carrying out thousands of laws, but the President doesn t do this alone. Departments inside the executive branch are responsible for carrying out certain kinds of laws. Complete the table by matching each executive department to its function. Use the word/picture bank for help EXECUTIVE DEPARTMENT FUNCTION Works to protect the country against terrorism and make sure the borders are safe. Makes coins and paper money, tries to help the economy, and collects taxes. Keeps the United States safe using the Army, Navy, Marines, Air Force, Coast Guard, and other military resources. Enforces federal laws, prevents crime, and punishes those convicted of federal crimes. Supports farmers, makes sure our food is safe, and gives recommendations about good nutrition. Works to protect the health of all Americans and offers medical and other basic services to people in need. Builds and maintains federal highways and railroads, makes rules for air travel, and promotes transportation safety. Provides funding to public schools and helps students pay for college. C. Crossword! Complete the puzzle using information from the lesson. Down 2. Political party of the current president and vice president 3. Length of a presidential term, in years 5. Name of the current president Across 1. Name of the current vice president 4. Word that refers to the sequence of who will become president if something happens 6. Number of times a president can be elected Review Worksheet p.2

11 The Executive Branch A Very Big Branch We ve Got a Job to Do The job of the executive branch is to carry out the laws that the legislative branch passes. When you think of the executive branch, you probably think of the president. But the president is only the head of the executive branch. He is like the tip of the iceberg: underneath, there is a giant organization with lots of people doing many different jobs. In fact, the executive branch is the largest branch of our government! President Executive Departments & Agencies There are 52 agencies and offices within the DOJ. Help From Many Most of the executive branch is made up of departments and independent agencies. Departments are the main organizations in the executive branch. There are 15 departments. Each one focuses on a specific type of activity such as education, transportation, defense, or energy. Each department has smaller agencies that do specific jobs. For example, the Department of Justice (DOJ) operates our justice system and works to prevent crime. Two agencies inside the DOJ are the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA). The FBI investigates certain kinds of crimes, while the DEA deals with crime related to drugs and controlled substances. The president appoints a secretary to lead each department. (But the head of the Department of Justice is called the Attorney General). These secretaries do more than just lead a department. They are the president s cabinet a group of people that give advice to help the president make important decisions. Officials who hold these cabinet-level positions such as the Secretary of Defense, the Secretary of Education, or the Secretary of Homeland Security, are very important players in the executive branch. President Obama and his cabinet. Independent agencies are government organizations that also focus on specific issues, but they are different from departments because they are independent of the president s control. Instead, these agencies are controlled by a board or commission. The president can appoint someone to the board or commission but cannot remove them. Carrying Out Laws: Enforcement What does it mean to carry out a law? That depends on the kind of law that needs to be carried out. Some laws make things illegal and describe consequences for those who do those things. Executive agencies enforce the law when someone isn t following it. There are several things an agency can do to enforce a law: Educate the public about new laws Monitor the public to make sure laws are being followed Catch individuals or organizations not following the law Take the offenders to court Follow any other enforcement procedures the agency may have The U.S. Marshals Service is the oldest federal law enforcement agency. Marshals provide court security, hunt fugitives, and offer witness protection. Reading p.1

12 A Very Big Branch Carrying Out Laws: Regulations Other laws are just instructions about something that must be done, such as installing new security procedures at the nation s airports. A law like this will not include every last detail about how it should be carried out. Instead, the law will authorize the executive branch to decide these details. The rules the executive branch makes about how the law will be carried out are called regulations. Regulations have power similar to laws. Some regulations make activity illegal, and others give instructions for how something must be done. Maintaining Order and Safety Agencies Enforce and Regulate We depend on many parts of the executive branch to keep us safe and to keep order. For example, the Department of Homeland Security (DHS) is responsible for protecting the United States against all kinds of threats. It includes agencies that deal with terrorism, natural disasters, and border protection. It even includes the Secret Service, whose agents protect the president! Inside the DHS, the Federal Emergency Management Agency (FEMA) responds to natural disasters to help people get the help they need in an orderly way. The Coast Guard, also part of DHS, patrols our nation s coastlines to watch for threats and help boats in distress. The Department of Agriculture inspects more than eight million birds every year. Most departments and agencies both enforce laws and make regulations. For example, the Environmental Protection Agency (EPA) is an independent agency whose goal is to protect the environment and human health. It carries out laws passed by Congress, such as the Clean Air Act that is designed to limit air pollution. The Clean Air Act authorizes the EPA to set limits on how much pollution can be put into the air. To do this, the EPA issues regulations that say exactly how much pollution vehicles, factories, and other sources can put into the air. The EPA then works to enforce these regulations. Violating them can result in penalties. The ever-present Secret Service has the president s back. The headquarters of the DoD is located at the Pentagon. The Department of Defense (DoD) is the biggest department. It includes all the military departments such as the Army, Navy, and Air Force, as well as many other agencies. Together, all the parts of the Department of Defense work together to make sure our armed forces are prepared to protect our nation s security. Busy, Busy Remember that most of the day-to-day activity in the executive branch involves ordinary people doing the work that needs to be done: an FBI agent conducts an investigation, a soldier participates in training exercises, or a worker monitors a nuclear reactor at an energy plant. The executive branch needs people to answer phones, program computers, file papers, do scientific research, process mail, fly airplanes, and clean bathrooms. In fact, the federal government is the nation s largest employer, and most of those jobs are in the executive branch. A U.S. Postal Service employee works hard to deliver your mail. Reading p.2

13 A Very Big Branch A. Cabinet Departments. Use the word bank to fill in the missing words from the graphic organizer: Attorney armed basic needs college highway countries farmers military homes money fuel public lands wages terrorists trade court B. Who Said That? Identify which secretary might give the following advice or information: 1) Mr. President, we need to invest in more solar electricity. 2) Mr. President, we saw a decrease in highway deaths this year. 3) Mr. President, agents intercepted a terrorist threat this morning. 4) Mr. President, it s time to take the penny out of circulation. 5) Mr. President, we need to combat bark beetles in the national forest. Sec. of Sec. of Sec. of Sec. of Sec. of Worksheet p. 1

14 A Very Big Branch C. Whose Job Is It, Anyway? Identify the executive agency that would most likely execute each act: The Veterans Educational Assistance Act (2008) Increases educational benefits for military veterans who have served since September 11, Protect America Act (2007) Provides the intelligence community tools to gather important information about terrorists. Violent Crime Control and Law Enforcement Act (1994) Increased the number of police officers, funding for prisons, and crime prevention programs. No Child Left Behind Act (2001) Ensures that students in every public school achieve important learning goals by well-prepared teachers. Helping Families Save Their Homes Act (2009) Prevents families from losing their homes to foreclosure. American Recovery and Reinvestment Act (2009) Gives funds to projects like ones that support improving roads, bridges, and other public structures. The Patient Protection and Affordable Care Act (2010) Makes it easier for Americans to be covered by health insurance and get medical attention. Farm Security and Rural Investment Act (2002) Provides support to American farmers. The Clean Air Act (1963) Controls air pollution on a national level. D. Enforce and Regulate. The Centers for Disease Control and Prevention (CDC) works to protect public health and safety. Decide if each item on the list is a CDC regulation or enforcement activity. Worksheet p.2

15 U.S. Foreign Policy... is this country s actions, words, and beliefs towards other countries. The main goals of our foreign policy are to: protect America and Americans support economic growth and human rights around the world increase support for American values like democracy and freedom Most often, the President and executive branch initiate our foreign policy responses to world events and work with the legislative branch to carry out those responses. Foreign Aid... is the help or assistance that we give to other countries, usually through our Department of State. The main goal of our foreign aid is to create friendships abroad and foster future trading partners. Foreign aid comes in many forms. The most common are economic, like money military, like soldiers helping after a disaster advice, like how to create a democracy Projection Master p.1

16 Military... is this country s troops, led by our President who is called the Commander-in-Chief. The main goal of our military is to prevent war and protect the United States. The Department of Defense is made up of the following branches: Army Navy Air Force Marines Treaties... are a formal agreement between countries that, like laws, must be followed. The President is responsible for negotiating and signing treaties. All treaties must be approved by 2/3rds of the Senate. An example: Countries form an alliance through signing a treaty. This treaty says that if one of the countries is attacked, the others will step in to protect each other. Projection Master p.2

17 Foreign Policy Definition: U.S. Foreign Policy Main Goals 1) Key Players: 2) 3) Foreign Aid Military Definition: Definition: Main Goals Forms Main Goals Active Groups 1) 1) 2) 2) 3) 3) 4) Treaties Definition: Who is involved? Example: Notes

18 Foreign Policy A. Foreign vs. Domestic. Read each example and select the correct word to fill in the blank. 1. Americans often refer to a country that is not the United States as a country domestic foreign 2. A language that is not English and comes from a country outside the United States is called a language. domestic foreign 3. Someone who is really good at chores and maintaining a home might be described as a person. domestic foreign 4. If you get on an airplane and take a flight that doesn t leave the country it is called a flight. domestic foreign Looking at the examples you answered above, complete the following definitions and draw a symbol that represents the term to you in each box. Foreign refers to things that happen of the United States. Domestic refers to things that happen of the United States. B. Which is which? Read each example below and decide if it is a domestic policy addresses issues at home or a foreign policy addresses issues around the world. Label each with a D or and F. _ 1. The government wants to make sure students are learning what they should be, so it requires standardized testing in certain grades. _ 2. The government operates national parks in different parts of the country. _ 3. The United States is allied with countries around the world, which means they are partners and look out for each other s interests. _ 4. The United States provides help to other countries when natural disasters, like earthquakes, occur. _ 5. The countries of the world meet to decide how to handle climate change, and the United States plays a role in the talks. _ 6. The United States is attacked, and the President, in his role as Commander-in- Chief, calls on the U.S. military to defend the U.S. by attacking the other country. _ 7. The government decides how much money Americans must pay in federal taxes. _ 8. The government makes an agreement with specific countries that none of them will attack each other. _ 9. The government cleans up land and water areas that are severely polluted. _ 10. The government enforces federal laws and sends convicted criminals to jail. Activity p.1

19 Foreign Policy C. Who does what? The Constitution, the rulebook for the government, says who has which foreign policy powers. Using your notes, see if you can figure out who is responsible for which power and write them in the correct places in the chart bellows. Negotiates and signs As Commander-in-Chief, can send troops around the world 2/3 s of the Senate must approve Writes and passes bills Makes recommendations on and signs or vetoes bills into law. Declares war Foreign Aid Military Treaties President Congress D. What do you think? Read the questions below carefully and check the answer that best reflects your opinion. 1. Who do you think has the most difficult job when it comes to foreign policy? President Congress 2. Why do you think the writers of the Constitution gave Congress a voice in most foreign policy decisions? so the President can make decisions on his own and not listen to Congress to make it really difficult for our country to respond in a war to make sure that not just one person had all the power in making these important decisions, like whether or not to go to war Why? List two reasons that you think that branch has the hardest job when it comes to foreign policy. 1) 2) Activity p.2

20 Judicial Branch in a Flash It s All About the Robes Actually, it s not. The cool black robe judges wear is the first thing a lot of people think of when they hear the word judicial. But the first thing you really need to know is how courts were created. The only court the United States Constitution actually creates is the Supreme Court the highest court in the country. The Constitution also allows Congress to create other courts. When Congress created those courts, the federal court system was born. The federal system is divided into districts called circuits. Two Court Systems Here s the confusing part: There are two systems of courts in the United States. The federal court system deals with disputes about laws that apply to the entire United States. State court systems mostly deal with disputes about state laws. Each state has its own court system created by its own state constitution. Whether people take their case to a federal or state court depends on the laws involved in the case. The good news is that state court systems usually work just like the federal court system. Which Court to Use Each court system deals with certain kinds of cases. Federal courts hear cases involving federal laws, the U.S. Constitution, or disputes between citizens of different states. State courts hear cases involving state laws or the state s constitution. They also deal with disagreements between citizens of the state. State courts normally resolve the kinds of issues you hear about in everyday life, such as family matters, accidents, crimes, and traffic violations. Criminal v. Civil Most legal issues that people have get resolved in the state court system. Most trials you see on TV involve a person who has been accused of a crime. But criminal cases are not the only kind of cases that go to trial. Sometimes people have a disagreement that they can t resolve on their own. Often, one side feels that the other side violated their rights in some way. This kind of case is called a civil case. The goal of a civil case is not to find out whether someone is innocent or guilty, but to decide which side s version of the story is correct. You re On Trial! The trial court is the first court to hear a case. Both the state and federal systems have trial courts. In the Federal system, the trial court is called a District Court. In the trial court, lawyers use evidence to try to prove that their client s side of the story is what really happened. Evidence can be almost anything witnesses, videos, photographs, a letter, a piece of fabric, or even a murder weapon! In a jury trial, a group of twelve people listens to the evidence and decides who wins the case. That decision is called the verdict. In a bench trial there is no jury, so the judge gives the verdict. Which roles do you recognize? Reading p.1

21 Judicial Branch in a Flash It s Not Over Until It s Over Losing in the trial court doesn t mean the case is over. If the losing side thinks there s been an error, they can ask a higher court to review the verdict and replace it with a different decision. The courts above the trial court are called appellate courts. The federal system and most state systems have two appellate-level courts: a Court of Appeals and a Supreme Court. (Your state might have a different name for these courts!) Asking an appellate court to review a case is called making an appeal. Going Up! (And Sometimes Down) Want to sound like a legal eagle? Then you can say that a case is brought up on appeal. Cases are thought of as going up through the court system. A trial court decision is brought up to the appeals court; an appeals court decision is brought up to the highest court. Once a case has been heard by the highest court, there is nowhere left to go. Appellate courts review lower courts decisions to see if a mistake was made. When an appellate court makes a decision, all lower courts must follow that decision in the future when the same issue comes up again. Judges and More Judges While a trial court only has one judge, most Court of Appeals cases are heard by three judges! When more than one judge listens to a case, the group of judges is called a panel. Usually, the judges decide the case by majority vote. At the appellate level, there is never a jury. That s because a jury s only job is to look at evidence and decide what happened. In an appellate court, the judges are deciding whether legal errors have been made. For the losing side in the Court of Appeals, there is one more chance: the Supreme Court, which is the highest court. The nine current U.S. Supreme Court Justices. And That s Final! At the U.S. Supreme Court, a panel of nine justices hears the cases. (State supreme courts often have fewer justices.) The Supreme Court gets to choose which cases to take and it doesn t take very many! Often, cases that make it to the Supreme Court are disputes about whether a law goes against the Constitution. Once the Supreme Court has said something is unconstitutional, that s it! Only the Court itself can reverse that decision. This power of deciding what is constitutional is called judicial review. The U.S. Supreme Court has this power over federal laws. State supreme courts have this power over state laws. Reading p.2

22 Judicial Branch in a Flash A. Complete the Sentence. Use the terms and ideas that you learned in this lesson to finish each statement. 1. The only court the Constitution creates is _ 2. The two court systems in the United States are B. Making Comparisons. Decide whether each description fits trial courts only, appellate courts only, or both, and write the letter of the description in the correct part of the diagram. The first one is done for you. _ A _ 3. Two kinds of legal cases are 4. The job of the Court of Appeals is 5. It s difficult to take a case to the Supreme Court because _ 6. If you lose a case in the trial court, you can 7. If an appellate court affirms a case, it means 8. If a law is unconstitutional, the Supreme Court can 9. Evidence is used for _ 10. A trial with no jury is called a C. Order in the Court! Number each set of events to put the three events in the correct order. Worksheet p.1

23 Sources of Law Types of Law Laws can be divided into two main categories: criminal and civil. The sources of law you just read about create both kinds of laws. However, courts treat criminal and civil cases differently. Criminal Law Judge s-eye view of a typical courtroom Criminal laws are laws that make certain actions a crime. These laws come from all three levels of government (federal, state, and local) and can be found in statutes, regulations, and sometimes in state constitutions. There are two general levels of crimes. Felonies are serious crimes that normally have a punishment of more than a year in jail. Misdemeanors are less serious crimes where the penalty is usually less than a year in jail or even just a fine. A law that makes it a crime to do something usually says whether violating the law will be considered a felony or a misdemeanor. Felonies and misdemeanors are also divided into classes depending on how serious they are. In a criminal trial, the question is always, Did this person commit a crime? The government is always on one side of the case, charging someone with a crime. The person accused of the crime, called the defendant, is always on the other side. The defendant is either found innocent of the crime and is acquitted, or he or she is found guilty and is sentenced with a fine or jail time. Civil Law Here s a basic rule of thumb: If it s not criminal, it s civil! Civil laws involve a wide range of subjects such as property, divorce, contracts, wills, personal injury, bankruptcy, employment, agriculture, and taxes. For this reason, there are many more civil laws than criminal laws. Civil laws usually help settle disagreements between people. People may disagree over things like rights to property, custody of children in a divorce, or what a contract says. The two sides in a civil case each get to tell their side of the story. The judge or jury decides what the facts are and what the remedy, or solution, should be. Sometimes, like criminal cases, civil cases involve someone who has injured someone else. Many injuries, such as accidents, are not caused by a crime. The person who caused the accident and the person who was hurt must come to an agreement about how the injured person can be compensated for his or her loss. Very often, civil law does not involve a problem or disagreement at all. If someone wants to make a will or draw up a contract to sell something, there are civil laws that say how those things should be done. Reading p.3

24 Sources of Law A. One Accident, Two Trials. Follow the diagram through to the questions below. In both cases, Tracy has to defend her actions in court. Did you know? Someone can be found innocent in a criminal case but found at fault in a civil case and be ordered to pay for damages. Compare & Contrast. Based on what you have learned, complete the Venn diagram by using the statements below. (A) The defendant may have to pay money (B) The defendant may get jail time or loss of privileges (C) Deals with a crime that was committed (D) The case involves a problem between two individuals (E) The case involves the government against a person (F) Trials can be heard and decided by a jury (G) The remedy is decided according to state guidelines (H) The remedy is decided according to what is asked for Worksheet p.1

25 Marbury v. Madison (1803) But the President Said I Could Be a Judge! So What? In 1800, President John Adams ran to be re-elected as president, but he lost to Thomas Jefferson. During his last weeks in office, Adams appointed a bunch of men to be justices of the peace in the District of Columbia. Each man would receive a paper commission that was signed and sealed. The commissions were prepared, but they were not sent before Adams left office. When President Jefferson took over, he refused to send them. One man, William Marbury, was upset. He wanted to be a judge! So he asked the United States Supreme Court to issue a legal order called a writ of mandamus (man-day-mus). In this case, the writ would have required Marbury s commission to be delivered. The Decision The Supreme Court agreed that Marbury had a right to receive his commission, but disagreed that the Court had the power to issue the writ. Why? Because the Supreme Court gets its power directly from the Constitution, and the Constitution says only certain kinds of cases can start at the Supreme Court. That meant the 1789 law passed by Congress was unconstitutional. Congress did not have the power to allow more kinds of cases to start at the Supreme Court. Therefore, the Supreme Court said it could not help Marbury get his commission. Thanks to Marbury v. Madison, today the three branches of government are equal. The Argument James Madison was Jefferson s Secretary of State. He was told not to deliver the commissions. Did you notice that Marbury didn t start in a regular, local court? He started at the Supreme Court. Normally, that would be backwards. But in 1789, Congress had passed a law saying people could start at the Supreme Court if all they wanted was a writ of mandamus. Marbury argued that he was entitled to the writ because his commission had already been created. He also argued that the Supreme Court had the power to issue the writ. William Marbury never did receive his commission. Photo courtesy of Maryland Historical Society. Believe it or not, this is considered one of the most important cases the Supreme Court has ever decided. That s because it was the first time the Supreme Court struck down an act of Congress for being unconstitutional. The idea that the Supreme Court has the final say about what is constitutional is called judicial review. Judicial review lets the judicial branch do two things: 1) interpret the Constitution and decide what it means, and 2) stop the executive and legislative branches from doing things that go against the Constitution. The decision in Marbury v. Madison helped cement the judicial branch as equal with the other two branches of government by giving it equal power. Reading

26 Marbury v. Madison (1803) Supreme Court Strikedown: End of the Line for a Law? The Supreme Court may declare a law unconstitutional, but that doesn t always mean the whole law is dead. Congress can change the law, repeal the law and pass a new one, drop the subject, or even amend the Constitution itself! First, read about four laws the Supreme Court has struck down. Then see if you can correctly guess what happened next! When you re done, match the letter of each law to its answer below. (Hey no peeking!) Activity