Lone Wolf vs Hitchcock SCOTUS FILES Teaching Guide Active Learning Initiative 1
Table of Contents Purpose of the game................................. 3 Suggested Activities................................. 3 Student Assignments................................ 4 Background Information (Lecture Material).............. 9 Post-Mortem Material............................... 12 Facilitator s Role................................... 13 2
Purpose of the Game Welcome to the SCOTUS Files! SCOTUS Files is based on moot court, a role play of a Supreme Court hearing. In this activity, you will assume a role and participate in a Supreme Court hearing. The cases selected for the SCOTUS Files are some of the most important in US history. The constitutional issues involved in these cases, and the subsequent decisions made by the Supreme Court, impacted nearly every aspect of US society. Now it s your turn to debate these important constitutional issues. Will you reach the same decision as our nation s highest legal body? Suggested Activities The SCOTUS FILES case Lone Wolf vs Hitchcock requires a minimum of three class days to play, although more days could be added to provide students with additional in-class time to prepare for the hearing. Class/ Out of class activity Class #1 (week of January 26) Sequencing of Activities Instructor Tasks Student In-class Activities Students work on outside of class The instructor assigns the students roles and explains the nature of the game. Instructor introduces the game and gives a brief 10 to 15 minute lecture about Federal Indian Policy and the Lone Wolf vs Hitchcock case. Students begin moving through the online game interface, preparing for the hearing. (see assignments below) The instructor gives the students specific roles; the justices are briefed on their responsibilities, and assignments made. 3
Out-of Class Class #2 (week of February 2) Move students into the online discussion area. Place them in the correct roles online. Assist students; answer questions. Facilitate hearing. Justices in charge of class. Students engaged in hearing. Justices run hearing, asking questions. Respondents and Petitioners present their arguments. Journalists take notes and listen. Justices announce decision(s) at end of class. Students work independently to prepare for the hearing. Justices create their questions. Respondents and petitioners prepare cases. Journalists conduct interviews and background research. Out-of-class Assist students; answer questions. Justices write their ruling, including minority decision, if there is one. Journalists write their blog news story. Class #3 (week of February 9) Instructor facilitates as Justices deliver decision. Instructor holds post-mortem of case study. Justices deliver written decision(s) orally. Have already submitted decisions online. Journalists pass out their news story. Class discusses the case and Federal Indian Policy. (see assignments below) Student Assignments Journalist The Supreme Court of the United States is the highest judicial body in the United States. As the court of last resort, the Supreme Court is often asked to rule on a lower court s decision. A hearing before the Supreme Court is not a trial and no witnesses are called. The basic facts of 4
the original case are not under dispute. The arguments presented are usually based on legal questions related to the Constitution, applicable law, and, precedents set by other courts. As a Journalist, you will be reporting to the public the decision(s) reached by the Supreme Court. Your job is to: 1. Observe and listen to the petitioners and respondents as they prepare for the hearing. Take notes as both sides formulate their arguments and statements. (Do not disturb or interject into the conversations a good reporter simply observes and reports.) 2. Attend the moot court hearing and take notes. Afterward interview attorneys and justices. 3. Report to the public through a blog. You have been assigned a specific journalist position. You are a political blogger who writes a weekly blog. Your news report should reflect the nature of political blogs. Assignment to be graded: 1. Each journalist will research, write, and prepare an article on the case and the Justices decisions. This blog report will inform the public about the case and provide background information that includes other cases that serve as precedence. The article will also discuss the Supreme Court s decision(s). If a dissenting decision is made, the journalist will report on it, too, in the article. 2. The journalist will post his/her article online on the discussion board. The journalist will essentially blog online on the discussion board. The area set up for the journalists is a blog. 3. The journalist will share their blogged articles with the class on the last class day of the game. Examples of political blogs can be found at: http://thecaucus.blogs.nytimes.com/ http://politicalticker.blogs.cnn.com/ http://donklephant.com/ Supreme Court Justices The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trail and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a Supreme Court Justice, you will be making a ruling in this case. Your job is to: 1. Choose a student to serve as Chief Justice. The Chief Justice will be in charge of the hearing and will call on the attorneys to present their arguments. 5
2. You must review the case and formulate five questions that you will ask the petitioners and respondents. 3. Listen carefully to the arguments and ask questions whenever you like. 4. Discuss the case with the other justices and determine whether the decision of the lower court should be upheld or overturned. You do not have to agree. The decision will be based on the majority vote. There can be dissenting opinions. 5. Announce your decision on the last day of the game (the class period after the hearing). The Justices should meet online in the discussion area and prepare in advance of the hearing date. Each Justice must prepare five (5) questions for the attorneys. During the preparation period, the Justices are to pool the questions and choose the best to be used during the court hearing. Assignments to be graded: 1. Each Justice will post five questions online in the discussion area that they would like to ask during the hearing. These questions should address the major issues, individuals, and impact of the lower court decision. Prior to the hearing, the justices should choose the best of these questions to use during the hearing. 2. The Justices will collectively post a written brief regarding their decision. The Justices do not have to all agree. Some may dissent. If there is a dissenting opinion, the dissenting Justices must collectively write a brief addressing their dissent. Chief Justice The Chief Justice resides over the hearing. He or she will call for each side to present its case as well as recognize other justices to ask questions. The Chief Justice will insure that the attorneys do not question each other or debate the facts of the case. The Chief Justice will ask each side to present its arguments in the following order Justices may intervene and pose questions at any time. Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee Each side should have three to five minutes for its initial arguments and two minutes for rebuttal. (Time can be lengthened if the Justices intervene to pose questions). During and/or after each presentation, the Justices will question the attorney in an effort to clarify the arguments. Attorneys can and will consult as a group before responding to the Justices. After all arguments and questions have been posed, the Chief Justice will convene the Justices for a decision. The decision should not be announced until the next class period. The decision will be delivered orally but will also be written. If there is a dissenting voice, its opinion can also be heard orally but will also be written formally. Petitioner/Appellant 6
The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trial and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a petitioning attorney, you will be making an argument in this case to overturn a lower court s ruling. Your job is to: 1. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 2. You team must meet and prepare an argument to be presented to the Justices. Your arguments must persuade the Supreme Court to overturn the lower court decision. 3. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 4. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The petitioning attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation. Assignments to be graded: 1. The team will divide the research, writing, and presentation preparation. Head attorneys will post team responsibilities online. Each member will post their share of work online. Team member roles can include: a. Head attorney(s) b. Secretary c. Researcher d. Writer e. Presenter 7
The team will determine how many of these roles are needed and who will perform what role. All materials generated by team members should be made available online in a format viewable to the team. 2. The team will collectively write and post their presentation and rebuttal. 3. The team will prepare online for the Justices questions. Respondent/Appellee The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trail and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a responding attorney, you will be making an argument in this case to uphold a lower court s ruling. Your job is to: 5. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 6. You must meet with your team and prepare an argument to be presented to the Justices. Your arguments must persuade the Supreme Court to uphold the lower court decision. 7. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 8. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The responding attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation. Assignments to be graded: 8
4. The team will divide the research, writing, and presentation preparation. Head attorneys will post team responsibilities online. Each member will post their share of work online. Team member roles can include: a. Head attorney(s) b. Secretary c. Researcher d. Writer e. Presenter The team will determine how many of these roles are needed and who will perform what role. All materials generated by team members should be made available online in a format viewable to the team. 5. The team will collectively write and post their presentation and rebuttal. 6. The team will prepare online for the Justices questions. Background Information (Lecture Material) Federal Indian Policy Prior to the Civil War, Americans had considered the great western region between the Mississippi River and Rocky Mountains Indian Territory and had resettled many tribes from the East Coast to the region in an effort to segregate the races. The Federal government broke treaties signed to grant land in perpetuity as Manifest Destiny gripped the nation and settlers migrated west into the plains and prairies once promised to the Indians. Migration by farmers, ranchers, and miners to the West led to increasing conflicts. Natives fought back, attempting to protect their lands. Although most tribes resisted Anglo migration, the Sioux on the northern plains and Apache in the southwest were noted as fearsome warriors, skilled at mounted warfare. Differing Views on Land Ownership Views on land ownership and the environment caused many conflicts between white settlers and Native Americans. Although tribes varied, Indians generally did not believe that they could own the land. Rather, land was held communally and belonged to the entire tribe and was to be protected by the tribe. The plants and animals on the land held spiritual and religious meaning. White settlers took an almost opposite viewpoint, believing that the land, plants, animals, and minerals were created by God specifically to be used by humans. Anglo settlers believed that ownership of the land was crucial and that humans were to be the masters of the environment. This worldview was in direct opposition to the beliefs of the Indians. In 1851, Congress approved a new policy toward Native tribes that created a limited and defined boundary within which tribes were to live the reservation system. The Department of Indian 9
Affairs determined tribal territories, and treaties were signed at Fort Laramie, guaranteeing extensive territory to the northern Plains Tribes in return for promises that the Indians would not harass white settlers. The government proposed to supply the Indians with anything that they could not produce themselves from the reservation land, an offer of $50,000 worth of supplies every year for 50 years. Then the government added to this offer of maintenance with a promise that the tribes would have perpetual control and ownership of their reservations and remain sovereign nations on the reservations, residing within the larger United States. Two years later the government secured a similar treaty with southern Plains Tribes, creating a safe corridor of passage for American emigrants through the region. Boundaries, however, proved hard to patrol, and both white settlers and Indians broke the agreements. Tribes crossed the reservation boundaries to hunt, and white settlers attempted to mine gold on Indian land. Peace did not last, and wars both conventional and guerilla broke out between the two groups. Changing Indian Policy By 1887 Eastern humanitarians and Christian reformers, such as the Board of Indian Commissioners and the Indian Rights Association, pushed through the Dawes Act through Congress The Dawes Act legislated allotment. The reformers felt communal and tribal systems impeded American Indian development. Christian reformers felt American Indians could be best assimilated and Americanized by breaking up the tribal systems and reservations. Allotment served as a way to destroy the communal aspects of tribal life. Allotment meant breaking the reservation into smaller plots to be owned individually. The reformers embraced white Anglo-Saxon Protestant values, such as capitalism and free enterprise. The reformers felt these concepts were essential to progress and were alien to brown-skinned natives, in particular, American Indians and peoples of the Pacific and Caribbean. Reformers influenced congressional legislation from the Dawes Act to the Wheeler-Howard Act of 1934. The policies severely affected American Indians, especially inhabitants of southwestern Indian Territory, diminishing Indian landholdings in Oklahoma and reducing many Indian to paupers barely surviving on small allotments. Dawes Severalty Act of 1887 Congress allowed the passage of the Dawes Severalty Act in 1887. i The Dawes Act liquidated lands in southwestern Indian Territory. In 1889 Congress ratified the Springer Amendment, providing presidential authority to negotiate land cessions. In March 1889 congress formed a three-man commission to negotiate with the Cherokees and other tribes, including the Comanche, Kiowa, Apache, Arapaho, Cheyenne, and Wichita, who made claim to lands west of the ninety-sixth degree of latitude in Indian Territory. The reformers and boomers wanted to open the land to white settlement, eventually opening fifteen million acres of American Indian lands. Chairman David H. Jerome (former governor of Michigan), Alfred M. Wilson, and Warren G. Sayre formed the Cherokee Commission, which later became known as the Jerome Commission. The commission negotiated agreements to open surplus Indian land first with the Sac and Fox, Pottawatomies, Shawnees, Iowas, Cheyennes, Arapahos, Caddos, Tonkawas, and Wichitas and then made the Jerome Agreement of 1892 with the Kiowas, Comanches, and Kiowa-Apaches. ii Under the jurisdiction of the Kiowa Agency, which oversaw the Kiowas, 10
Kiowa-Apaches, and Comanches, the Jerome Commission forced the agreement on the Plains Indians. Kiowa headman Lone Wolf challenged the legality of allotment, the case working its way to the U.S. Supreme Court. In Lone Wolf vs. Hitchcock the court ruled that the government could open Indian reservations without obtaining the permission from the tribes. Congress had the power to pass legislation that overruled earlier treaty provisions. iii The Jerome Agreement in June 1900, the Stephen Bill in 1906, the U.S. Supreme Court ruling in Lone Wolf v. Hitchcock, and additional legislation like the Burke Act allowed Congress to dissolve Indian lands through allotment and homesteading. iv Lone Wolf v. Hitchcock (1903) is a United States Supreme Court decision, declaring the "plenary power" of the United States Congress. This power gave the federal government the authority to unilaterally repeal treaty obligations between the United States and Indian tribes. The decision represented a departure from the decisions in Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), which gave greater respect to the autonomy of Native American tribes. In 1867 the United States and the Kiowa and Comanche tribes entered into the first of three treaties collectively called the Medicine Lodge Treaty. The treaties created a reservation for Kiowa and Comanche use, and these two tribes were eventually joined by the Plains Apache, Southern Cheyenne, and Southern Arapaho tribes. The treaty required the approval of three-fourths of adult males on the reservation in order for any portion of the reservation to be ceded. Approval was never given. In addition to this, Congress modified how the treaty allotted land without obtaining consent as provided for in the treaty, effectively removing millions of acres of land from the reservation. The Court held that Congress had the authority to void treaty obligations with Native American tribes because it had an inherent "plenary power": Plenary authority over the tribal relations of the Indians has been exercised by Congress from the beginning, and the power has always been deemed a political one, not subject to be controlled by the judicial department of the government. Lonewolf v Hitchcock. The Supreme Court decision was based largely on a paternalistic view of the United States' relationship with the tribes: These Indian tribes are the wards of the nation. They are communities dependent on the United States. Dependent largely for their daily food. Dependent for their political rights. They own no allegiance to the states, and receive from them no protection. Because of the local ill feeling, the people of the states where they are found are often their deadliest enemies. From their very weakness and helplessness, so largely due to the course of dealing of the Federal government with them and the treaties in which it has been promised, there arises the duty of protection, and with it the power. This has always been recognized by the executive and by Congress, and by this court, whenever the question has arisen. Lonewolf v Hitchcock quoting US v Kagama (1885). 11
Afterward Congress, relying in part on the decision in Lone Wolf, unilaterally modified other treaties between Native American tribes and the United States. i Blue Clark, Lone Wolf v. Hitchcock: Treaty rights and Indian Law at the End of the Nineteenth Century (Lincoln: University of Nebraska Press, 1994); Kracht, Kiowa Religion, 573-574; Prucha 1984: 759-762 and Olson & Wilson 1984: 72-74, 80. Kracht, Kiowa Religion, 496-497; Francis P. Prucha, The Great Father: The United States Government and the American Indians (Lincoln: University of Nebraska Press, 1984), 667-669. ii The Wichitas reported to the Kiowa agency alongside the Kiowa, Comanche, and Apache, but the Jerome Commission decided to negotiate separately with the Wichita and Affiliated Bands. Andrew Isenberg, The Destruction of the Bison: An Environmental History, 1750-1920 (New York: Cambridge University Press, 2000), 182; Donald J. Berthrong, The Cheyenne and Arapaho Ordeal: Reservation and Agency Life in Indian Territory, 1875-1907 (Norman: University of Oklahoma Press, 1976), 150; William T. Hagan, United States-Comanche Relations: The Reservation Years (New Haven: Yale University Press, 1976), 203; Kracht, Kiowa Religion, 497. iii Prucha, The Great Father, 775-776; James S. Olson and Raymond Wilson, Native Americans in the Twentieth Century (Urbana: University of Illinois Press, 1984), 71; and Kracht, Kiowa Religion, 534. The Post-Mortem Class After the Justices have given their decision orally, the journalists should share their blogs with the class. At this point the instructor should resume control of the classroom. A reflection session should follow where the instructor anchors the case and hearing in the historical context. This is an opportunity to address many of the counterfactual arguments and decisions made during the process. This conversation should guide students toward understanding the interpretive nature of history as a discipline and instill an awareness of historical causation and create greater empathy toward peoples of another time. Students should be allowed time to discuss their roles during the reflective session and talk about how their personal beliefs may have conflicted with the objectives that they were asked to achieve within the game. The reflective session should be a casual time for students who will need to transition out of their roles, particularly if the hearing became heated. Some Possible Topics to Discuss in the Post-Mortem Class Federal Indian Policy Allotment The reservation system Indian Policy today 12
Civil Rights (infringement of Civil Rights) Other minority groups whose rights have been infringed The rights of minorities in a nation-state (think global, such as in the Middle East) The Facilitator s Role The facilitator will set-up the game by dividing the students into roles and providing a minilecture to ground the game in the historical period, providing background and context for the students. The facilitator will establish the game rules (assignments, due dates, discussion boards) and assist the students in preparing for the caucus and convention session. The instructor may also want to allow some in-class time for students to organize. During the hearing, the instructor will literally and figuratively move to the side. The Chief Justice will run the class, determine the order of the hearing, and make all major decisions. The students may call upon the instructor to clarify a fact. The facilitator can insert a comment but should keep it brief so that the students truly remain in control. If the process begins to stall, the facilitator may want to pass a note to a student, offering them hints at a specific line of inquiry or a point to make that will get the hearing back on track. Once the hearing has finished, the facilitator will need to hold a reflection session. During this time, the instructor will brief the students about what actually happened in the past and illustrate how the students decisions and arguments were different from the ones actually made. The instructor should encourage students to talk about their roles and the parts that they played, make the larger connections to the broad scope of United States History, and discuss how their engagement in the simulation illustrates the interpretive nature of the discipline. Most students find it difficult to understand that History is not a series of names, dates, or right answers. The reflective session provides a perfect opportunity for the instructor to get into this higher-order thinking element. Additionally, the students will be more deeply engaged with this material than they would be in a lecture class. The instructor may find that students want to talk more outside of class or email more frequently. The instructor will likely not have the answer to all the questions posed and a simple let s find out will prove educational for all involved. Facilitators in the role-playing simulations are creating the space their students need to learn effectively. They should be reassuring and available to answer a variety of questions. 13
Journalist The Supreme Court of the United States is the highest judicial body in the United States. As the court of last resort, the Supreme Court is often asked to rule on a lower court s decision. A hearing before the Supreme Court is not a trial and no witnesses are called. The basic facts of the original case are not under dispute. The arguments presented are usually based on legal questions related to the Constitution, applicable law, and, precedents set by other courts. As a Journalist, you will be reporting to the public the decision(s) reached by the Supreme Court. Your job is to: 1. Observe and listen to the petitioners and respondents as they prepare for the hearing. Take notes as both sides formulate their arguments and statements. (Do not disturb or interject into the conversations a good reporter simply observes and reports.) 2. Attend the moot court hearing and take notes. Afterward interview attorneys and justices. 3. Report to the public through a blog. You have been assigned a specific journalist position. You are a political blogger who writes a weekly blog. Your news report should reflect the nature of political blogs. Assignment to be graded: 1. Each journalist will research, write, and prepare an article on the case and the Justices decisions. This blog report will inform the public about the case and provide background information that includes other cases that serve as precedence. The article will also discuss the Supreme Court s decision(s). If a dissenting decision is made, the journalist will report on it, too, in the article. 2. The journalist will post his/her article online on the discussion board. The journalist will essentially blog online on the discussion board. The area set up for the journalists is a blog. 3. The journalist will share their blogged articles with the class on the last class day of the game. Examples of political blogs can be found at: http://thecaucus.blogs.nytimes.com/ http://politicalticker.blogs.cnn.com/ http://donklephant.com/ You will receive a grade for these things: 1. Final Blog Article due online in the discussion area prior to class period during week of February 9, 2009. 2. Two other brief online blogs due during week prior to hearing and week after hearing. These two posts should show background information and research and interviews conducted. All blogs must be completed by class period during week of February 9, 2009.
3. Journalist must make a minimum of 3 total blogs. Two brief blogs with research and interview information and one full article blog. Blogs will be graded using this rubric: Written Papers Rubric Dimension 4 3 2 1 Tot Focus Takes a clear position and supports it with well chosen reasons and/or examples. Takes a position and provides some support. There is some development of the essay. Takes a position but essay is underdeveloped. Attempts to take a position but position is unclear OR takes a position, but provides minimal or no support. Organization Is focused and well organized and uses good transitions between the parts of the paper. Is generally organized but has few transitions among the sections. Is disorganized or unfocused in much of the essay. Parts may be disjointed and lack transitions. May be too brief. Shows little or no apparent organization. EVIDENCE Substantiate the assertion Examples clearly support and are relevant to the position. Examples moderately support and are relevant to the position. Examples are not clearly or consistently linked to the position. The relationship between the examples and the position is unclear. Grammar, sentence structure, punctuation No real errors in grammar, spelling, and punctuation. Composition easy to understand. Very few errors in grammar, spelling, and punctuation but they do not interfere with understanding. Some errors in grammar, spelling, and punctuation and they interfere with understanding of the composition. Errors in grammar, spelling, and punctuation prevent reader from fully understanding composition. Quotations Format Accurately cited and integrated Meets basic citation requirements Reflects a Political Blog N/A N/A Inaccurately cited or integrated N/A N/A Does not meet basic citation requirements Does not reflect a political blog Total
Class Schedule: 1. Week of January 26: get role, discuss with other journalists. 2. Week of February 2: Hearing in class. 3. Week of February 9: Justices deliver written decision(s), Journalists show class their blogs, discuss case.
Petitioner/Appellant The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trial and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a petitioning attorney, you will be making an argument in this case to overturn a lower court s ruling. Your job is to: 1. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 2. You team must meet and prepare an argument to be presented to the Justices. Your arguments must persuade the Supreme Court to overturn the lower court decision. 3. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 4. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The petitioning attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation. Assignments to be graded:
1. The team will divide the research, writing, and presentation preparation. Head attorneys will post team responsibilities online. Each member will post their share of work online. Team member roles can include: a. Head attorney(s) b. Secretary c. Researcher d. Writer e. Presenter The team will determine how many of these roles are needed and who will perform what role. All materials generated by team members should be made available online in a format viewable to the team. 2. The team will collectively write and post their presentation and rebuttal. 3. The team will prepare online for the Justices questions. You will receive a grade for these things: 1. Online discussion posts illustrating your part in the preparation for the hearing. All posts must be completed by class period during week of February 2, 2009. 2. Written initial argument and written rebuttal delivered orally during hearing. 3. Responses to justices questions during hearing. All work will be graded based on the rubrics under Unit 5. Class Schedule: 1. Week of January 26: get role, organize workload with group. 2. Week of February 2: Hearing in class. 3. Week of February 9: Justices deliver written decision(s), Journalists show class their blogs, discuss case.
Respondent/Appellee The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trail and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a responding attorney, you will be making an argument in this case to uphold a lower court s ruling. Your job is to: 1. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 2. You must meet with your team and prepare an argument to be presented to the Justices. Your arguments must persuade the Supreme Court to uphold the lower court decision. 3. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 4. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The responding attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation. Assignments to be graded:
1. The team will divide the research, writing, and presentation preparation. Head attorneys will post team responsibilities online. Each member will post their share of work online. Team member roles can include: a. Head attorney(s) b. Secretary c. Researcher d. Writer e. Presenter The team will determine how many of these roles are needed and who will perform what role. All materials generated by team members should be made available online in a format viewable to the team. 2. The team will collectively write and post their presentation and rebuttal. 3. The team will prepare online for the Justices questions. You will receive a grade for these things: 1. Online discussion posts illustrating your part in the preparation for the hearing. All posts must be completed by class period during week of February 2, 2009. 2. Written initial argument and written rebuttal delivered orally during hearing. 3. Responses to justices questions during hearing. All work will be graded based on the rubrics under Unit 5. Class Schedule: 1. Week of January 26: get role, organize workload with group. 2. Week of February 2: Hearing in class. 3. Week of February 9: Justices deliver written decision(s), Journalists show class their blogs, discuss case.
Supreme Court Justices The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trail and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a Supreme Court Justice, you will be making a ruling in this case. Your job is to: 1. Choose a student to serve as Chief Justice. The Chief Justice will be in charge of the hearing and will call on the attorneys to present their arguments. 2. You must review the case and formulate five questions that you will ask the petitioners and respondents. 3. Listen carefully to the arguments and ask questions whenever you like. 4. Discuss the case with the other justices and determine whether the decision of the lower court should be upheld or overturned. You do not have to agree. The decision will be based on the majority vote. There can be dissenting opinions. 5. Announce your decision on the last day of the game (the class period after the hearing). The Justices should meet online in the discussion area and prepare in advance of the hearing date. Each Justice must prepare five (5) questions for the attorneys. During the preparation period, the Justices are to pool the questions and choose the best to be used during the court hearing. Assignments to be graded: 1. Each Justice will post five questions online in the discussion area that they would like to ask during the hearing. These questions should address the major issues, individuals, and impact of the lower court decision. Prior to the hearing, the justices should choose the best of these questions to use during the hearing. 2. The Justices will collectively post a written brief regarding their decision. The Justices do not have to all agree. Some may dissent. If there is a dissenting opinion, the dissenting Justices must collectively write a brief addressing their dissent. Chief Justice
The Chief Justice resides over the hearing. He or she will call for each side to present its case as well as recognize other justices to ask questions. The Chief Justice will insure that the attorneys do not question each other or debate the facts of the case. The Chief Justice will ask each side to present its arguments in the following order Justices may intervene and pose questions at any time. Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee Each side should have three to five minutes for its initial arguments and two minutes for rebuttal. (Time can be lengthened if the Justices intervene to pose questions). During and/or after each presentation, the Justices will question the attorney in an effort to clarify the arguments. Attorneys can and will consult as a group before responding to the Justices. After all arguments and questions have been posed, the Chief Justice will convene the Justices for a decision. The decision should not be announced until the next class period. The decision will be delivered orally but will also be written. If there is a dissenting voice, its opinion can also be heard orally but will also be written formally. You will receive a grade for these things: 1. Online discussion posts of FIVE QUESTIONS to be posed during hearing. These questions due prior to class period week of February 2, 2009. 2. Online discussion determining the best questions that will be used during the hearing. 3. Oral questioning of attorneys during the hearing. 4. Written decision after hearing. If there is a dissenting decision, dissenting justices will write their dissent. Justices should work collaboratively to write the decision. 5. Written decision due class period during week of February 9, 2009. All work will be graded based on the rubrics under Unit 5. Class Schedule: 1. Week of January 26: get role, organize workload with group. 2. Week of February 2: Hearing in class.
3. Week of February 9: Justices deliver written decision(s), Journalists show class their blogs, discuss case.