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 Complete Unit Guide Packet
Overview
The Judicial Branch is perhaps the most
overlooked branch of America’s Government.
However, it plays a vital role in our democracy.
While the Federal Court system was established
under Article III of the Constitution, much of the
current system we have today had to be sorted
out along the way.
State courts deal with the rights that were granted
to states in the Constitution. Federal courts deal
with matters of the Constitution and are divided
between trial courts which hear cases in the first
instance, and appellate courts which review
decisions made by lower or state courts.
The highest court in the nation is the Supreme Court. This court has the power to review other court decisions to
decide if they are unconstitutional. This power is called judicial review. Members of the Supreme Court, called
“justices” also play a unique role. Justices, like all federal judges, are appointed by the president and confirmed
by the Senate. Once confirmed, justices and federal judges serve for as long as they live, or until they choose to
retire or are impeached.
How judges and justices choose to do their jobs or interpret the Constitution varies widely. Some justices choose
to interpret the Constitution just as it was written over 200 years ago, while others choose to see the Constitution
as being more flexible so it can be applied to contemporary issues. Additionally, some justices believe their role
should be very active, while others see their role as one that should be restrained.

Essential Questions
a) Which Supreme Court decisions have become landmark cases in U.S.
history? Content Page

b) How are Supreme Court Justices appointed and confirmed? Vocabulary 2

c) What is Judicial Review and how did it come to be established? Timeline 3
d) How has the Judicial branch influenced American citizens? People & Roles
4
e) How has the concept of Federalism affected the federal court system? to Know

f) What is a judicial philosophy? Judicial Review 5

g) What is “strict” vs “broad” constructionism and how does it affect how Key Concepts 6-7
justices interpret the Constitution?
h) How do individuals, corporations, and the media shape outcomes in our Visual Literacy 8-9
judicial system?
i) What is judicial restraint versus judicial activism, and how do they affect how justices do their jobs?
 Vocabulary
Directions: Write the definition for each word in the middle column and draw a picture to represent each in the 3rd column.

Supreme Court

District Court

Court of appeals
/ appellate
court

Precedent

Writ of
Certiorari

Majority opinion

Dissenting
opinion

Judicial review

Concurrent
Jurisdiction
 Timeline of Major Court Decisions & Actions
Directions: Place the following events on the timeline and draw images or symbols for at least four of them.
• The number of justices is increased to 10, the most • The Judiciary Act of 1789 is adopted, dividing the • The Supreme Court makes their infamous ruling on
ever in US History nation into 13 judicial districts and three circuits, and Plessy v. Ferguson
set the number of Supreme Court justices at 6
• The first Supreme Court is assembled • Fletcher v. Peck becomes the first time the Supreme
• The Supreme Court rules to uphold prohibition Court rules a state law unconstitutional
• The Supreme Court rules on Brown v. Board of
Education • The Supreme Court rules on Roe v. Wade • The number of justices is set to 9, the most recent
change to the number of justices.
• The Supreme Court rules on Miranda v. Arizona, • West v. Barnes is the first U.S. Supreme Court Case
leading to the creation of the Miranda Warning

1780 1800 1820 1840 1860 1880 1900 1920 1940 1960 1980 2000 2020

Which Supreme Court decision do you think was most controversial? Explain.
 Supreme Court People & Roles to Know
Directions: First, research the role and importance of the Chief Justice, and then find information about the current
Chief Justice. Then, research the eight associate justices and record their information below. In the notes section, look
for details about important rulings or opinions, judicial philosophy, etc.

Chief Justice Chief Justice:

Role:
Appointed in:

Nominated by:

Notable rulings:

Associate Justice: ________________________ Associate Justice: ________________________

Appointed in: Appointed in:

Nominated by: Nominated by:

Notable rulings: Notable rulings:

Associate Justice: ________________________ Associate Justice: ________________________

Appointed in: Appointed in:

Nominated by: Nominated by:

Notable rulings: Notable rulings:

Associate Justice: ________________________ Associate Justice: ________________________

Appointed in: Appointed in:

Nominated by: Nominated by:

Notable rulings: Notable rulings:

Associate Justice: ________________________ Associate Justice: ________________________

Appointed in: Appointed in:

Nominated by: Nominated by:

Notable rulings: Notable rulings:

 The Supreme Court & Judicial Review
Directions: First, research Marbury v Madison to understand where the concept of Judicial Review comes from and then answer the questions below. Next, find a case
that has recently undergone Judicial Review and write the details of the case below.

Marbury v. Madison A recent case under judicial review:

Year: ___________
(Case Name)
Case Context:
Case Context:

Case Ruling:
Issue being reviewed:

If there has been a decision, what was it?

What is the significance of Marbury v.

Madison?
 Key Concepts
Directions: For each section, answer the questions in complete sentences.

Federalism & the Court

The Constitution created a governmental structure for the How does federalism apply to the court system?
United States known as federalism. Federalism refers to a
sharing of powers between the central (federal)
government, and the governments of each of the individual
50 states. The Constitution gives certain powers to the
federal government and reserves the rest for the states.

Federalism also means that both the federal and state

governments need their own court systems to apply and
interpret their laws. The federal court system deals with What types of laws can state courts rule on?
issues of law relating to the powers expressly or implicitly
granted to it by the Constitution while state court systems
deal with issues of law relating to the matters that the
Constitution did not give to the federal government nor
explicitly deny to the states.

The Supreme Court

Which court is the highest ruling court in the The Supreme Court of the United States sits at the apex of the federal court
nation? system. It is composed of nine judges, known as justices, and is presided
over by the chief justice. It sits in Washington D.C.

Parties who are not satisfied with the decision of a U.S. Circuit Court of
Appeal (or, in rare cases, of a U.S. District Court), or a state supreme court
How does the Supreme Court get cases? How can petition the U.S. Supreme Court to hear their case. This is mainly done
do they decide which cases to hear? by a legal procedure known as a Petition for a Writ of Certiorari.

The court has discretion to decide whether to accept such cases. The court
accepts about 100-150 of some 7,000 cases it is asked to hear for argument
per year. The cases typically fit within general criteria for oral arguments.
Four justices must agree to hear the case. While primarily an appellate
court, the court does have original jurisdiction over cases involving
ambassadors and two or more states.

In your own words, explain Taft’s above belief about the Supreme Court.
“Presidents come and go, but the
Supreme Court goes on forever”
-William Howard Taft

“There are some singers that know exactly when to go, and others What are the benefits and drawbacks of justices receiving
hang on much too long and that is the same, that is the same with lifetime appointments to the Supreme Court?
judges. My own view, and I’ve said this many times, is as long as
I can do the work full steam, I will stay on the Court. But when I
feel myself slipping, when I slow down in my ability to write
opinions with fair dispatch, when I forget the names of cases that
I once could recite at the drop of a hat, I will know.”
- Justice Ruth Bader Ginsburg. 9/16/2013
Judicial Philosophies
Since the Constitution was drafted, there has always been debate What is the difference between a “strict” versus
about how to interpret it, even amongst judges. “broad” construction of the Constitution?

Some people believe in a “strict construction” of the Constitution,

also known as “Originalism.” Those that follow this philosophy
believe that the Constitution should be followed as closely as
possible to the original intent.

Others believe in “broad construction,” also known as a “living

constitution” philosophy. In this philosophy, people believe that the
Constitution should be interpreted as a living document that is more
flexible in its application to modern situations.

Judges also disagree on the degree to which they should intervene

into the activities of the legislative and executive branches.

Some believe in practicing judicial restraint that places strong

limitations on the powers of judges and relies on the law-making What is the difference between judicial restraint
process of the judicial branch. In practicing judicial restraint, justices versus judicial activism?
seek only to interpret the law, and not to intervene in policy making.
In this philosophy, judges believe that they should not question the
Constitution if at all possible, and that it is their duty to uphold all
acts of Congress and state legislatures, except for those that violate
the Constitution. They defer to the decisions of Congress and should
be cautious in the use of Judicial Review.

On the other side of judicial restraint is judicial activism. Justices

that practice judicial activism see the nation’s courts as watchdogs
of the Constitution, and that the courts have a special role to play in
the identification, definition, and protection of individual rights. In
this philosophy, judges believe that the judicial branch is an equal
and active part of the government, and that judges should use their
power to correct injustices.

“As a member of this Court I am not justified in writing my opinions into the Constitution, no matter how deeply I
may cherish them.”
- Justice Felix Frankfurter

“The ultimate question must be, what do the words of the text mean for our time? For the genius of the
Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the
adaptability of its great principles to cope with current problems and current needs”
- Justice William J. Brennan
Based on the quote above, how would you describe the judicial Based on the quote above, how would you describe the
philosophy of Justice Frankfurter? judicial philosophy of Justice Brennan?
 Visual Literacy
Directions: Use the included images and captions to answer each question.

Because Supreme Court Justices are appointed by

presidents, they often get labeled as judges of a
particular era. For example, Justices Gorsuch,
Kavanaugh, and Barrett were all appointed by
Donald Trump and are often referred to as Trump Era
judges. However, Justices have made it clear that they
do not represent presidents, but the Constitution.

Why do you believe that some people see justices as

an indicator of the president they were appointed by?

Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett,

all of whom were appointed by Donald Trump.
As a form of checks and balances, all Supreme Court Justices must go
through a confirmation hearing before Congress. After the hearing,
Congress must vote to confirm or reject the nominee.

Why is the check on power for the nomination of a justice important?

Justice Antonin Scalia’s confirmation hearing, 1974

The first female justice, Justice Sandra Day
O’Connor, was not nominated to the United States
Supreme Court until 1981. There have since been
five total female Justices

Why has the addition of women into the Supreme

Court been an essential advancement?

Justices Sandra Day O’ Connor, Sonya Sotomayor, Ruth Bader Ginsburg,

and Elana Kagan--The first four female Supreme Court Justices, 2010.
 One of the highest honors for U.S. citizens upon
death is to lie in state. This means that their coffin is
brought to the Capitol Building (usually to the
Capitol Rotunda) for a week where it is open to the
public to pay their respects. Only two Justices have
been Lain in State.

What does it indicate about a justice who has lain in

state?

Justice Ruth Bader Ginsburg laid in state in the Capital Statuary Hall, 2021

Use the flowchart of the Federal Court System to

answer the questions below.

Where do most Supreme Court cases come from?

Why do you think the Supreme Court chooses to hear

more cases from federal courts?

How does it seem that a state court can appeal to the

Supreme Court?

© Students of History – www.studentsofhistory.com

 Answer Key - Vocabulary
Directions: Write the definition for each word in the middle column and draw a picture to represent each in the 3rd column.

Supreme Court The highest judicial court in the United States, Pictures for each

District Court Federal courts where the first trials are held, and lawsuits begin

Court of
A court that reviews decisions made by lower courts when one
appeals/appellate
party of the case appeals the decision
court

A ruling that is used as the basis for future judicial decisions in

Precedent
similar situations

The Supreme Court’s decision to hear an appeal from a lower

Writ of Certiorari
court

A statement that presents the views of the majority of the

Majority opinion
Supreme Court justices regarding a case

A statement written by a justice who disagrees with the majority

Dissenting opinion
opinion, explaining the minority opinion

The power of the Supreme Court to say if a federal, state, or

Judicial review
local law, or a government action goes against the Constitution

Concurrent
Powers shared by the state and federal government
Jurisdiction
 Presidential Timeline
Directions: Place the following events on the timeline and draw images or symbols for at least four of them.
• The number of justices is increased to 10, the most ever • The Judiciary Act of 1789 is adopted, dividing the nation • The Supreme Court makes their infamous ruling on
in US History into 13 judicial districts and three circuits, and set the Plessy v. Ferguson
number of Supreme Court justices at 6
• The first Supreme Court is assembled • Fletcher v. Peck becomes the first time the Supreme
• The Supreme Court rules to uphold prohibition Court rules a state law unconstitutional
• The Supreme Court rules on Brown v. Board of
Education • The Supreme Court rules on Roe v. Wade • The number of justices is set to 9, the most recent change
to the number of justices.
• The Supreme Court rules on Miranda v. Arizona, leading • West v. Barnes is the first U.S. Supreme Court Case
to the creation of the Miranda Warning

1780 1800 1820 1840 1860 1880 1900 1920 1940 1960 1980 2000 2020

Which Supreme Court decision do you think was most controversial? Explain.
Open to a variety of student responses, provided that students explain their reasoning.
Supreme Court Justices & Roles to Know
Directions: First, research the role and importance of the Chief Justice, and then find information about the current Chief
Justice. Then, research the eight associate justices and record their information below. In the notes section, look for details about
important rulings or opinions, judicial philosophy, etc. Updated December 2021.

Chief Justice Chief Justice: John G. Roberts, Jr.

Role: Appointed in: 2005
• Presides over the court
• Assigns the writing of court opinions in Nominated by: George W. Bush
cases where they are part of the majority
Notes: Considered a strong advocate for conservative principles,
practices judicial minimalism, works to preserve the court’s
legitimacy.

Associate Justice: Clarence Thomas Associate Justice: Stephen Breyer

Appointed in: 1991 Appointed in: 1994

Nominated by: George H. W. Bush Nominated by: Bill Clinton

Notes: Originalist in Constitutional interpretations, advocate Notes: Focuses legal decisions based on concern for
of natural law, considered one of the most conservative consequences, has criticizes originalism for lack of concern
members of court. of consequences.
Associate Justice: Samuel Alito Associate Justice: Sonia Sotomayor

Appointed in: 2006 Appointed in: 2009

Nominated by: George W. Bush Nominated by: Barack Obama

Notes: Considered one of the most conservative justices in Notes: Concerned with the rights of defendants, calls for a
the Supreme Court, is a practical originalist reform of the criminal justice system, and has dissented on
issues of race, gender, and ethnic identities.
Associate Justice: Elena Kagan Associate Justice: Neil Gorsuch

Appointed in: 2010 Appointed in: 2017

Nominated by: Barack Obama Nominated by: Donald Trump

Notes: Considered a liberal judge, but tends to be more Notes: Originalist in Constitutional interpretations, advocate
moderate, wrote opinion on case restricting permissible use of natural law.
of race in drawing congressional districts.
Associate Justice: Brett Kavanaugh Associate Justice: Amy Coney Barrett

Appointed in: 2018 Appointed in: 2020

Nominated by: Donald Trump Nominated by: Donald Trump

Notes: Originalist in Constitutional interpretations, very Notes: Newest member of the Supreme Court, originalist in
conservative voting record. Constitutional interpretations
 The Supreme Court & Judicial Review:
Directions: First, research Marbury v Madison to understand where the concept of Judicial Review comes from., and answer the questions below. Then, find a case that
has recently undergone Judicial Review and write the details of the case belo

Marbury v. Madison A recent case under judicial review:

Year: 1803 ___________

(Case Name)
Case Context: A judge, William Marbury, was appointed to Justice of the
Peace by President John Adams. However, President Thomas Jefferson took Case Context:
office before Marbury could be confirmed. Jefferson refused to give Marbury
the position, so Marbury sued Jefferson’s secretary of state, James Madison.

Case Ruling: The case ended up examining the Judiciary Act of 1789, which Issue being reviewed:
was deemed as unconstitutional because it attempted to extend the courts
original Jurisdiction beyond Article 3, Section 2 of the Constitution. This
allowed the court to establish the principle of judicial review.
If there has been a decision, what was it?

What is the significance of Marbury v.

Madison?

Marbury v Madison established the

precedent that only the federal courts
could interpret the Constitution. This
power has given federal judges the final
word in settling virtually every major
issue that has challenged the government
in American history.
 Key Concepts
Directions: For each section, either takes notes on the required topics or answer the questions in complete sentences.

Federalism & the Court

The U.S. Constitution created a governmental structure How does federalism apply to the court system?
for the United States known as federalism. Federalism
refers to a sharing of powers between the central Federalism applies to the court system in two ways. First, it
(federal), or United States government, and the determines that there should be two levels of courts, the Federal
governments of each of the individual 50 states. The court system and the State court system. Secondly, it determines
Constitution gives certain powers to the federal which types of cases each court hears. Federal courts hear cases
government and reserves the rest for the states. about things that have been designated to them in the Constitution.

Federalism also means that both the federal and state

governments need their own court systems to apply and What types of laws can state courts rule on?
interpret their laws. The federal court system deals with
issues of law relating to the powers expressly or State courts can only rule on things that the Constitution did not
implicitly granted to it by the Constitution while the give to the Federal government.
state court systems deal with issues of law relating to
the matters that the U.S. Constitution did not give to
the federal government nor explicitly deny to the states.

The Supreme Court

Which court is the highest ruling court in the The Supreme Court of the United States sits at the apex of the federal
nation? court system. It is composed of nine judges, known as justices, and is
presided over by the chief justice. It sits in Washington D.C.
The highest ruling court in the nation is the
Supreme Court. Parties who are not satisfied with the decision of a U.S. Circuit Court of
Appeal (or, in rare cases, of a U.S. District Court), or a state supreme
court can petition the U.S. Supreme Court to hear their case. This is
How does the Supreme Court get cases? How do mainly done by a legal procedure known as a Petition for a Writ of
they decided which cases to hear? Certiorari.

The Supreme Court gets cases that are appealed to The court has discretion to decide whether to accept such cases. The
them from lower Federal courts or from State court accepts about 100-150 of some 7,000 cases it is asked to hear for
Supreme courts. The Supreme Court decides which argument per year. The cases typically fit within general criteria for
cases to hear based on if they fit into a set of oral arguments. Four justices must agree to hear the case. While
criteria, and if four justices agree that it would be a primarily an appellate court, the court does have original jurisdiction
good case. over cases involving ambassadors and two or more states.

In your own words, explain Taft’s above belief about the Supreme Court.
“Presidents come and go, but the
Taft believes that the Supreme Court stand the test of time because their rulings come to Supreme Court goes on forever”
influence entire generations, while presidents and their agendas rotate in and out of the -William Howard Taft
White House every four to eight years.

“There are some singers that know exactly when to go, and others What are the benefits and drawbacks of justices receiving
hang on much too long and that is the same, that is the same with lifetime appointments to the Supreme Court?
judges. My own view, and I’ve said this many times, is as long as
Open to various student responses. They could note how
I can do the work full steam, I will stay on the Court. But when I
feel myself slipping, when I slow down in my ability to write lifetime appointments are intended to keep justices
apolitical and not open to being swayed by public
opinions with fair dispatch, when I forget the names of cases that
I once could recite at the drop of a hat, I will know.” opinion. A negative could eb that they could be very old
and possibly out of touch with current values.
- Justice Ruth Bader Ginsburg. 9/16/2013
Judicial Philosophies
Since the Constitution was drafted, there has always been debate What is the difference between a “strict” versus
about how to interpret it, even amongst judges. “broad” construction of the Constitution?

Some people believe in a “strict construction” of the Constitution,

also known as “Originalism.” Those that follow this philosophy Strict Construction means judges interpret the
believe that the Constitution should be followed as closely as possible Constitution just as it was originally written.
to the original intent.

Others believe in “broad construction,” also known as a “living Broad Construction means that judges interpret the
constitution” philosophy. In this philosophy, people believe that Constitution as a living document that should be
Constitution should be interpreted as a living document that is more applied to modern situations.
flexible in its application to modern situations.

Judges also disagree on the degree to which they should intervene

into the activities of the legislative and executive branches.

Some believe in practicing judicial restraint that places strong

limitations on the powers of judges and relies on the law-making What is the difference between judicial restraint
process of the judicial branch. In practicing judicial restraint, justices versus judicial activism?
seek only to interpret the law, and not to intervene in policy making.
In this philosophy, judges believe that they should not question the Judicial restraint means that judges see their role as
Constitution if at all possible, and that it is their duty to uphold all secondary to the legislative and executive branch,
acts of Congress and state legislatures, except for those that violate and that they should not question the Constitution.
the Constitution. They defer to the decisions of Congress and should
be cautious in the use of Judicial Review. Judicial activism means that judges see the court as
an essential part of government, and that they should
On the other side of judicial restraint is judicial activism. Justices that actively be using their power to correct injustices.
practice judicial activism see the nation’s court as watchdogs of the
Constitution, and that the courts have a special role to play in the
identification, definition, and protection of individual rights. In this
philosophy, judges believe that the judicial branch is an equal and
active part of the government, and that judges should use their power
to correct injustices.

“As a member of this Court I am not justified in writing my opinions into the Constitution, no matter how deeply I
may cherish them.”
-Justice Felix Frankfurter

“The ultimate question must be, what do the words of the text mean for our time? For the genius of the
Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the
adaptability of its great principles to cope with current problems and current needs”
-Justice William J. Brennan
Based on the quote above, how would you describe the judicial Based on the quote above, how would you describe the
philosophy of Justice Frankfurter? judicial philosophy of Justice Brennan?

Based on this quote, Justice Frankfurter seems to be a believer of Based on this quote, Justice Brennan seems to be a
judicial restraint because he believes that his opinions should not believer in judicial activism because he believes that the
affect the Constitution at all. Constitution should be applied to current problems and
needs of the nation.
 Visual Literacy
Directions: Use the included images and captions to answer each of question.

Because Supreme Court Justices are appointed by

presidents, they often get labeled as judges of a
particular era. For example, Justices Gorsuch,
Kavanaugh, and Barrett were all appointed by
Donald Trump and are often referred to as Trump Era
judges. However, Justices have made it clear that they
do not represent presidents, but the Constitution.

Why do you believe that some people see justices as

an indicator of the president they were appointed by?

Some people see justices as an indicator of the

president they were appointed by because presidents
tend to appoint judges who’s beliefs are similar to
their own party’s and who they believe will better
help them meet a certain agenda.
Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, all of whom were appointed
by Donald Trump
As a form of checks and balances, all Supreme Court Justices must go
through a confirmation hearing before Congress. After the hearing,
Congress must vote to confirm or reject the nominee.

Why is the check on power for the nomination of a justice important?

This check on power is important because it ensures that the other two
branches are allowed a say in reviewing who is places in the third
branch. That way, a president knows that their choice in justices is
being monitored and that they must hold up to the review of Congress.

Justice Antonin Scalia’s confirmation hearing, 1974

The first female justice, Justice Sandra Day
O’Connor, was not nominated to the United States
Supreme Court until 1981. There have since been
five total female Justices

Why has the addition of women into the Supreme

Court been an essential advancement?

The addition of women into the Supreme Court has

not only been important as a sign of equality, but
because it has finally been a way for additional
perspectives to be brought to the court. The
addition of women into the Supreme Court just 40
years ago had allowed for a greater diversity in
perspectives and voices in landmark supreme court
decisions.
Justices Sandra Day O’ Connor, Sonya Sotomayor, Ruth Bader Ginsburg, and Elana Kagan--The
first four female Supreme Court Justices, 2010
 One of the highest honors for U.S. citizens upon
death is to lie in state. This means that their coffin is
brought to the Capital Building (usually to the
Capitol Rotunda or sometimes to the National
Statuary Hall) for a week where it is open to the
public to pay their respects. Only two Justices have
been Lain in State.

What does it indicate about a justice who have lain in

state?

For a justice to be lain in state it shows that the

justice was a part of many significant decisions, and
that they were well loved and respected by fellow
members of the United States Government, and by
the people of the country.

Justice Ruth Bader Ginsburg laid in state in the Capital Statuary Hall, 2021
For the questions below, please examine the flow
chart to the left.

Where do most Supreme Court cases come from?

Most Supreme Court Cases come from lower federal

courts.

Why do you think the Supreme Court chooses to hear

more cases from federal courts?

The Supreme Court chooses to hear more cases from

federal court because federal courts deal with matters
of the constitution, which is the same area as the
Supreme Court focuses.

How does it seem that a state court can appeal to the

Supreme Court?

A state court decision can be appealed to the

Supreme Court when it deals with matters of the
Constitution.

© Students of History – www.studentsofhistory.com