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

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“No man is above the law and no man is below the law.” - Theodore Roosevelt^[2]

Summary:

The idea of the rule of law is one of the most important Constitutional principles in the United States. It is the foundation of what gives people the confidence to speak their minds and live their lives peacefully, as they know what the rules are in advance and know that all people will be held accountable to the same standards and expectations. 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. One of the Supreme Court’s jobs is to help make the rules of the Constitution and the Bill of Rights easier to follow. When the justices make decisions on individual cases, they provide clarification on how that particular part of the Constitution should be interpreted.

Social Studies Standard:

9.1.4.6: The United States government has specific functions that are determined by the way that power is delegated and controlled among various bodies: the three levels (federal, state, local) and the three branches (legislative, executive, judicial) of government. 

Social Studies Benchmark:

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

Reading Benchmarks:

9.12.2.2: Determine the central ideas or information of a primary or secondary source; provide an accurate summary of how key events or ideas develop over the course of the text.

9.12.3.3: Analyze in detail a series of events described in a text; determine whether earlier events caused later ones or simply preceded them.

9.12.4.4: Determine the meaning of words and phrases as they are used in a text, including vocabulary describing political, social, geographic, historical, or economic aspects of history/social studies.

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.

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?

Activities:

6.1: The Rule of Law

6.2: Judicial Independence

6.3: Supreme Decision