Active learning ideas
The US Supreme Court and Civil Rights unit investigates the 'least dangerous branch' that has become a central battleground in American politics. Students examine the power of judicial review, established in Marbury v. Madison, and how the Court interprets the Constitution to shape public policy. The unit covers landmark cases regarding racial equality, reproductive rights, and the Second Amendment, prompting students to ask if the Court has become a 'third house of the legislature.'
Activity 01
Assign students as Justices, Petitioners, and Respondents for a fictional case regarding privacy or free speech. Justices must ask probing questions based on constitutional amendments, and then deliver a written 'opinion' justifying their ruling.
Is the US Supreme Court a political or judicial body?
Activity 02
Display summaries of cases like Brown v. Board, Roe v. Wade, and DC v. Heller. Students move around the room to identify which constitutional principle was at stake and whether the ruling was 'activist' or 'restrained.'
How effectively does the Supreme Court protect civil rights?
Activity 03
Students research the most recent Supreme Court confirmation hearing. They discuss in pairs whether the process is too partisan and then propose one reform to make the process more 'judicial' and less 'political.'
What is the impact of judicial review on US politics?
A few notes on teaching this unit
Watch Out for These Misconceptions
The Supreme Court can choose any law to strike down whenever they want.
The Court can only rule on cases brought to them; they cannot initiate 'judicial review' on their own. A 'pathway of a case' diagram helps students understand that the Court is a reactive body, not a proactive one.
Judicial activism is always a 'liberal' thing.
Conservative courts can also be activist by striking down long-standing precedents (e.g., the Dobbs decision). Using a 'swinging pendulum' visual helps students see that activism refers to the *method* of overturning law, not the political direction of the ruling.
Methods used in this brief
The US Constitution and Federalism
An exploration of the origins, nature, and principles of the US Constitution. Students will assess the evolving relationship between the federal government and the states.
8 methodologies
US Congress and the Presidency
A detailed look at the legislative and executive branches of the US government. Students will evaluate the power of the President and the effectiveness of Congress.
8 methodologies
US Democracy and Participation
An analysis of the US electoral system, political parties, and pressure groups. Students will evaluate the democratic health of the United States.
8 methodologies