Lesson #6: Independent Judiciary, Judicial Review, and the Rule of Law

Activity 6.2: Judicial Independence

^[1]

This statue, called Justitia (the symbol of the judiciary) sits outside the Shelby County Courthouse in Memphis, Tennessee.^[2]

The judicial branch of the U.S. government plays an important role in interpreting laws. The judges and justices make many important and potentially life-changing decisions that can affect everyone in the United States. It is important that the judges and justices remain free from public opinion and political pressure so that they can make just, unbiased decisions.

Social Studies Benchmark:

9.1.4.6.6: Evaluate the importance of an independent judiciary, judicial review and the rule of law.

Writing Benchmark:

9.14.4.4: Produce clear and coherent writing in which the development, organization, and style are appropriate to discipline, task, purpose, and audience.

Learning Target:

I can evaluate the importance of independent judiciary, judicial review and the rule of law.

• I understand the factors that guarantee the judicial branch’s independence.
• I understand the importance of judicial independence.

Essential Questions:

What is the importance of an independent judiciary, judicial review and the rule of law?

What is the role of the Supreme Court in the application and interpretation of laws?

• What factors guarantee the judicial branch’s independence?
• How might the court system be different if judges were not independent from public opinion, or from the other two branches of government?
• How does the independence of the judiciary provide for all people to be treated equally under the law?

To complete Activity 6.1 please follow the steps below:

Complete the tasks listed below and submit your responses by uploading a file to the “Add Submission” box. Respond to the critical thinking questions below. Please submit your responses to each question using the text submission box located at the bottom of this moodle page. Please answer with proper response construction and make sure to include your name properly on the assignment. Name, Course, Grade, Date.

STEP 1: Pre-Thinking Questions^[3]

Consider these questions and discuss your thoughts with your group.

1. What is judicial independence?
2. How did the founders establish judicial independence?
3. Why do you think judicial independence is important?
4. Do you agree or disagree with the following statements? Why?

1. Supreme Court judges are influenced by what the president or Congress does or by their opinions.
2. Judicial independence protects the majority and the minority.
3. Judicial independence protects principles that the founders believed to be fundamental.
4. The justices decide cases based on their personal opinions of right and wrong.

STEP 2: Judicial Independence Webquest^[4]

You will be using the Judicial Learning Center web page to find the answers to the questions on this webquest sheet. Please read the sections on “About Federal Judges” and “Judicial Independence” to find the answers. Be sure to watch Court Shorts: An Impartial Judiciary! Record your answers to the webquest sheet in a separate document.

STEP 3: “A Conversation on the Constitution: Judicial Independence” Video

In this 32 minute video, Justices Stephen Breyer, Anthony Kennedy, and Sandra Day O’Connor (now retired) have a conversation with students about the necessity of having an independent judiciary and the safeguards put in place by the Constitution to protect the role of judges. As you view the video, record your answers to the following questions:^[5]

1. The founders established judicial independence to protect basic, fundamental principles. What principles did the founders want to preserve?
2. In what ways are the Supreme Court Justices independent from the president and Congress? In what ways are they held accountable?
3. Does the process of appointing a Justice - with presidential nomination and senate confirmation - also gain accountability? Can justices be accountable yet independent?
4. Justice Breyer spoke about “patrolling the boundary.” What does this mean? What is the Supreme Court’s relationship with Congress and the president?

Upload your responses to the “Add Submission” box!

1. Open document to your computer
2. Complete the Activity
3. Click "Save As" and save it onto a special place on your computer
4. Click "Upload a File"
5. Upload the file to this Moodle page
6. Click Save