Civics & Government · 9th Grade

Active learning ideas

Judicial Activism vs. Judicial Restraint

Active learning helps students grasp the nuanced differences between judicial activism and restraint because these concepts require careful analysis of judicial reasoning and constitutional interpretation. Debating real cases challenges students to move beyond labels and consider how judicial philosophy shapes outcomes in a democracy.

• Common Core State Standards
• C3: D2.Civ.13.9-12
• C3: D2.Civ.4.9-12

• 20–50 min
• Pairs → Whole Class
• 4 activities

Activity 01

• Structured Academic Controversy
• 50 min · Small Groups

Structured Academic Controversy: Was Brown v. Board an Act of Activism?

Divide students into four groups -- two arguing the decision reflects legitimate constitutional interpretation, two arguing it overstepped judicial bounds. After presenting their positions, pairs switch sides and argue the opposing view before the class reaches a negotiated conclusion.

Differentiate between judicial activism and judicial restraint.

Facilitation Tip

During the Structured Academic Controversy on Brown v. Board, assign roles explicitly so students prepare both activist and restraint arguments before defending one position in small groups.

What to look for

Present students with a hypothetical court case scenario. Ask: 'Would a judge practicing judicial activism or judicial restraint be more likely to overturn the existing law in this situation? Explain your reasoning, referencing the definitions of both terms.'

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

Activity 02

• Formal Debate
• 25 min · Whole Class

Spectrum Line: Activist or Restrained?

Post a spectrum on the board from 'Maximum Restraint' to 'Maximum Activism.' Read brief descriptions of five Supreme Court decisions aloud. Students physically move to a spot on the spectrum after each one and explain their placement to a neighbor before the teacher facilitates a brief debrief.

Analyze the arguments for and against an active judiciary.

Facilitation Tip

For the Spectrum Line activity, place a large poster with ‘Activist’ at one end and ‘Restrained’ at the other, then have students physically move to show where cases belong after discussion.

What to look for

Provide students with a list of landmark Supreme Court cases. Ask them to categorize each case as primarily exemplifying judicial activism or judicial restraint, and to briefly justify their choice with one sentence per case.

• Analyze
• Evaluate
• Create
• Self-Management
• Decision-Making

Activity 03

• Socratic Seminar
• 45 min · Whole Class

Socratic Seminar: Who Should Have the Last Word?

Provide a reading packet with excerpts from Justice Thurgood Marshall (activist philosophy) and Justice Antonin Scalia (restraint philosophy). An inner circle debates whose approach best protects rights in a democracy while the outer circle tracks the strongest and weakest arguments made.

Evaluate which approach best upholds the principles of democratic governance.

Facilitation Tip

Use the Socratic Seminar to model how to press for textual evidence in judicial decisions by asking students to cite specific phrases from cases when explaining their reasoning.

What to look for

On an index card, have students write one argument in favor of judicial activism and one argument in favor of judicial restraint. Then, ask them to state which philosophy they believe better serves democratic principles and why, in 2-3 sentences.

• Analyze
• Evaluate
• Create
• Social Awareness
• Relationship Skills

Activity 04

• Think-Pair-Share
• 20 min · Pairs

Think-Pair-Share: Consistent Principles Test

Give students three decisions -- one with liberal outcomes, one with conservative outcomes, and one with mixed -- labeled only as 'Decision A, B, C.' Pairs decide which philosophy each reflects. The reveal prompts reflection on whether students apply principles consistently regardless of outcome.

Differentiate between judicial activism and judicial restraint.

What to look for

Present students with a hypothetical court case scenario. Ask: 'Would a judge practicing judicial activism or judicial restraint be more likely to overturn the existing law in this situation? Explain your reasoning, referencing the definitions of both terms.'

• Understand
• Apply
• Analyze
• Self-Awareness
• Relationship Skills

A few notes on teaching this unit

Experienced teachers approach this topic by grounding abstract philosophies in concrete cases so students see how labels like ‘activist’ or ‘restrained’ are applied by real judges. Avoid letting the debate become partisan by emphasizing that both approaches can be used to reach progressive or conservative outcomes. Research shows that structured argumentation improves students’ legal reasoning when they must defend positions they initially disagree with.

Successful learning looks like students accurately applying definitions of activism and restraint to court cases, articulating clear criteria for each approach, and supporting their choices with constitutional and precedent-based reasoning. Evidence of growth includes students revising initial judgments based on new information or counterarguments.

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Watch Out for These Misconceptions

• During the Structured Academic Controversy, watch for students assuming activism always aligns with liberal outcomes or restraint with conservative ones.

  Use the Brown v. Board controversy as a case where both sides can argue activism: liberals might see it as correcting legislative inaction, while conservatives could argue it was an activist imposition of federal power. Debrief by explicitly asking students to identify which side used which definition.

• During the Spectrum Line activity, students may conflate judicial restraint with never striking down laws.

  Have students physically place *Marbury v. Madison* on the spectrum, then ask them to justify its placement by explaining that restraint does not mean avoiding judicial review but rather setting a high bar for striking down laws.

• Before introducing modern examples, students might assume the Founders intended courts to be passive interpreters.

  During the Socratic Seminar, ask students to evaluate whether *Marbury v. Madison* itself was an activist act. Use the case’s reasoning to model how restraint can still involve bold judicial action when necessary.

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Methods used in this brief

• Structured Academic Controversy
• Formal Debate
• Socratic Seminar
• Think-Pair-Share