We Are the Jury: Interpreting the Laws

Grade: 5 Subject: Social Studies

In this lesson plan, teachers will assist students in explaining the role of the court system in interpreting laws. Students focus on interpreting a law being challenged as unconstitutional based on the First Amendment. Students will serve as U.S. Supreme Court justices and will determine whether the law should be allowed to stand or be struck down.

Files
Lesson Plan Template: Civics Lesson Plan

Learning Objectives

  • Explain the role of the court system in interpreting law
  • Explain why the U.S. Supreme Court is the highest court in the system

Prior Knowledge

Students should be familiar with:

  • Separation of powers and checks and balances
  • The First Amendment
  • The structure of the judicial branch and judicial review

Guiding Questions

  • How do courts interpret the law?
  • How does the U.S. Supreme Court demonstrate its power in the judicial process?

Procedure

  1. Place the guiding questions at the front of the classroom and ask students to conduct a Think Pair Share with a partner. Distribute the simulation scenario sheets while students discuss. The packets will all contain the same information, although student group answers might vary.
  2. To introduce the lesson, focus students and ask them the following question: “How do courts interpret the laws?” Ask students to share their ideas based on their Think Pair Share.
    • Students should focus on the concepts of interpretation, constitutionality, and judicial review.
    • You can guide their discussion by asking them some of the key actions courts might take when they conduct judicial review.
    • You may refer students to the infographic on the simulation scenario packet if they need some help getting started with their thinking.
  3. After students share their ideas, explain to them that today’s class focuses on the role that the U.S. Supreme Court plays in interpreting laws after they are passed.
  4. Direct student attention to the simulation scenario packet. Direct students to the infographic that shows the separated powers of the federal government and remind students of the role each branch plays in checking and balancing the other branches.
  5. Now, provide a bit more detail about the scenario they are playing a part in and explain to them that they will all be serving as members of the U.S. Supreme Court. They will be exercising their powers of judicial review to interpret a new law passed by Congress.
  6. Depending on class size, you can conduct one large hearing with students all as members of the court or you can break the class down into a few courts. They will all have an opportunity to share their deliberations and reasoning at the end of the class. Groups should be odd-numbered to prevent tie decisions.
  7. Read “Part One: Setting” along with students, pausing to check for understanding and to address questions.
  8. Help students review the First Amendment and ask them if there are any parts that are related to the specific law they are reviewing.
  9. Now read “Part Two: Tasks” with students, checking for understanding and making expectations clear.
    • Each court should elect a notetaker/presenter for the group and let students know that they will have to present their reasoning and decision at the end of the class.
    • Alert students at this point that majority rules – which means that a majority opinion of justices on the court will be the final decision.
    • The court should draft a short statement of its decision or opinion. This should be the majority’s answer and reasoning (i.e., what and why).
    • Members of the court that do not agree can also provide an opinion. This is a called a dissenting or disagreeing opinion. Alert students that if they want to present their dissent, they will also have to provide their reasoning.
  10. Provide students with 10-15 minutes to discuss with their peers. Teachers should remind students as they transition into discussion that this process is called “deliberation.” The students should take their own notes as they discuss. This is question one in “Section Three: Notes.”
  11. After the discussion interval, tell students to shift to writing their opinion statement when appropriate. The note taker should ask for a vote either for or against keeping the law to determine the majority view. They should then write down the main ideas of the majority opinion – the decision and the reasoning. (The note taker can read their work for question three aloud when reporting out in the next step.) All students should complete questions two, three, and four in “Section Three: Notes.” This step should take about 10 minutes.
  12. Conduct a presentation of each court’s majority opinion and dissenting opinions (if there are any). Emphasize the need to share reasoning behind the decision. Each group’s note taker will share the group answer to question three. If dissenting justices want to share, they will read their individual answers to question two.
  13. As a culminating discussion, help students identify similarities and differences between each court’s reasoning. If the class is one court, invite students to discuss their thought process and the most challenging questions that they dealt with in their deliberations.

Teacher Notes

  • If needed, students can review “The Verdict Is In: The U.S. Court System” slideshow contained below in the “Special Materials” section prior to conducting simulations. This will help with student clarity on process and allow the simulations to take center stage during the lesson time.

Optional

  • For a formative assessment, teachers can collect note sheets to review.
    • If you plan to collect the questions at the end of the lesson, be sure to provide clear guidelines on your expectations. For example, each question must be answered in complete sentences.
  • For a summative assessment or an ELA Extension activity:
    • Students can create a one paragraph response to one or more of the guiding questions.
    • Students can explore how their legal opinion conflicted with or was similar to the majority opinion. Students can reflect, in a brief writing assignment, on why their opinion reflected that similarity or difference.
    • Students can design a new law that might be permissible, in their opinion, under the U.S. Constitution and make an argument in support of their law.

Special Materials Needed:

  • Interpreting the Law student worksheet
  • Interpreting the Law teacher answer key
  • The Verdict Is In: The U.S. Court System slideshow (optional)

Grade(s): 5 Subject : Social Studies Instructional time : 0 Hour(s) 50 Minute(s) Instructional type(s) : Lesson Plan, Worksheet, Presentation/Slideshow, Text Resource Resource Collection : CPALMS - Civics Original teacher resources - Grades K-5 Name of Author/Source : Gregg Lightfoot/CPALMS