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Published by the Kansas Bar Foundation Editor: Gayle B. Larkin, Attorney at Law, Lawrence Coordinators: Ron Keefover, Kansas Supreme Court and Art Thompson, Kansas Bar Foundation | |
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December 1999 | |
- A Trial of the Century
- A History of the Kansas Appellate Courts
- For the Record now available
- Resources at the Law Related Education Inventory
- Lesson Plan 1 You and the U.S. Constitution
- Lesson Plan 2 The U.S. Constitution Power Grab Game
- Terrific technology for teachers
- Court of Appeals welcomes you
Ever wonder how we arrived at the present number and organization of the Kansas appellate
courts? To better understand, one needs to begin at the territorial days of our state's history,
when only about 100,000 U.S. Citizens called Kansas home.
The first organized government in the territory that is now Kansas was created by an act of
Congress on May 30, 1954. The act created a supreme court, composed of a chief justice and
two justices appointed by the president for terms of four years each. Any two of the justices were
sufficient to constitute a quorum and the supreme court was directed to hold sessions at the seat
of territorial government at least once a year. The first session of the Territorial Supreme Court
was held at the Shawnee Manual Labor School on July 30, 1855.
The members of the Territorial Supreme Court performed dual roles. The territory was divided
into three judicial districts and each of the justices of the Supreme Court also served as a judge of
a district court. Final judgment of the district courts were reviewable in the Supreme Court. In
some cases, a further appeal to the U.S. Supreme Court was available.
Kansas remained a territory until January 29, 1861. When Kansas became a state, the constitution
created a Supreme Court consisting of one chief justice and two associate justices elected from
the state at large for six-year terms. The population of Kansas at that time was slightly more than
100,000. By 1885, the population had increased to more than 1.2 million. The three-justice
Supreme Court, adequate at the beginning of statehood, was hopelessly inadequate to serve the
needs of the growing state. The legislature proposed an amendment to the constitution to
increase the number of justices immediately to five and later to seven; however, the voters did not
pass the amendment.
Two years later, the legislature tried another approach. They authorized the governor (with the
consent of the Senate) to appoint three citizens of "high character for legal learning and personal
worth" as commissioners of the Supreme Court to help with the tremendous number of pending
cases. The commissioners were appointed for terms of three years with no provision for
reappointment. Their purpose was clearly to help out temporarily until the number of justices
could be increased. In 1889, the legislature again proposed a constitutional amendment to
provide seven justices. In the 1890 election, the proposal was once again defeated. The
legislature then extended the terms of the commissioners until 1893.
Between 1887 and 1893, the commissioners prepared about the same number of opinions as did
the Supreme Court, thus doubling the number of cases that could have been handled by the court
alone. But even then, delays were great with some cases waiting three years before a decision
was reached. In 1895, the legislature dealt with the problem by creating the Kansas Courts of
Appeal. However, this also was a temporary means of assistance, as the act that created the
Courts of Appeal also provided that the courts should expire in 1901.
Meanwhile, and finally, in 1900, a constitutional amendment was approved by the voters to
increase the number of justices to seven--the same number as today. However, at the turn of the
century, the justices sat in two divisions, with three justices making a quorum in either division.
In cases where the entire Court was ordered to hear a case, four justices made a quorum. The
justices were still elected for six-year terms with the senior justice, according to years served,
being the chief justice. In 1903 new rules were adopted which did away with the separate
divisions and from that time cases were heard by the entire court.
In 1958, another constitutional amendment changed the selection of justices from a partisan
election to an appointment process. Under the plan adopted in 1958 and still in existence today,
there is an initial screening of candidates by the Supreme Court Nominating Commission. The
commission nominates three persons for appointment by the governor. The governor makes the
appointment and that justice then stands for retention elections every six years.
The Court of Appeals was re-established in 1977 as a seven-member intermediate appellate court.
It was expanded to 10 members in 1987 and remains at that number today. Persons who lose
their appeal at the Court of Appeals level may petition the Supreme Court to review the Court of
Appeals decision, but the justices are not required to do so.
Description: A constitution contains basic laws that govern people. The U.S. Constitution
contains rules that govern our country. The U.S. Constitution protects the rights and freedoms of
America's citizens. The U.S. Constitution is over 200 years old. Social Studies is the study of
past and current events of a society - the ongoing history of people, places and things.
Grade Level: Fourth Grade.
Goal: After this lesson, your class should better understand why people who work and play
together need to follow rules as well as how these rules are developed.
Objectives: To develop awareness of the necessity for rules. To use logic to decide whether
things are right or wrong. To give practice in classifying.
Materials: Copy of the U.S. Constitution. Instant Camera with film. Poster (We The People ).
Colored construction paper. Colored chart paper.
Procedure:
Activity 2. Open Discussion. Have students give opinions about how people who lived in the
U.S. 200 years ago might have dressed, the kinds of homes they lived in and the kinds of schools
students might have attended. Take full-length photographs of each other (if possible, used
instant photographs). Ask: How do the people in the these photos differ from people who lived in
1787? Establish that people who lived 200 years ago might have looked much like the people of
today. Differences in manner of dress and hair styles should be noted. Look at things around the
classroom and identify the TV, telephone, automobile, computer, book, etc. and discuss which
objects would be familiar to people who lived 200 years ago? Which would be unfamiliar? Why?
Do you think anyone took photographs of the men who wrote the Constitution? Why not?
(cameras had not been invented) If photographs had been taken, what do you think they would
have shown? If people met today to make changes in the Constitution, could there be photos of
the meetings? What might be in the photos to let you know they were taken in the 1990's and not
in the 1700s? Display side one of the poster (We The People) in a prominent place. Discuss the
illustrations and what each means to the students. Invite students to tell of any bicentennial
celebrations they have heard about. Ask them to read the first three words (We the People . . .)
of the Constitution. What do the words mean to you? If you could take one photograph to show
the meaning of the words, what would be in the photograph? Discuss various ideas and have
students bring photographs of themselves. Duplicate the poster design to create a bulletin board
display. Use colored construction paper to make the tree's trunk, branches and leaves. Have each
student write his or her name on one leaf. As the unit progresses, have students write about the
rights depicted on the poster and add these writings to the bulletin board as they are done.
Activity 3. Following Rules. Have students take a walking tour of the school in action
(classroom, hallways, lunchroom, playground, etc.) Discuss what is observed. Ask: Are there
rules involved in these places? What are the rules? How did they come about? Are they good or
bad rules? What or whom do they protect? Why do you think we have rules? Continue by asking:
If you play a game for the first time, how do you know in what way the game should be played?
(Learn the rules.) Why is it wrong to run in the school hallways? (against school rules) Through
discussion, help students understand that rules give order, ensure fair play and protect people's
rights and welfare. Have students suppose you made a rule stating that only children with blue
eyes are allowed to have play periods. Why would such a rule be unfair? Stress the point that
rules are best when they protect the rights of all people. Write the words Safety, Health, Game
on the chalkboard. Invite students to think of rules for each category and write them under the
proper heading. Explain that a government makes rules called "laws." Our Constitution is a set of
rules or laws all people in our country must follow. Follow-Up: Help the students make a "visual reference" bulletin board of specific classroom
procedures. Title the bulletin board: The Right Things To Do. Subheads can read: Working
Quietly, Cleaning Up, Waiting To Speak, Playing Fairly, Asking Permission, Raising Your Hand,
Sharing, Using Equipment, Taking Turns. Have the students draw pictures to illustrate each of
the subheads. Display the drawings on the bulletin board to create a visual reference. Write a
"Classroom Constitution" by having students suggest rules that will help make things run
smoothly in the classroom. As each rule is proposed, have the class vote on whether or not it
should be included in the document. If two-thirds or more votes yes, the rule becomes part of the
constitution. If not, the rule cannot be passed. Students might, at your direction, discuss the
following: Should students be allowed to bring any kind of toy to use at recess? What kinds
should be allowed? What kinds should not be allowed? Should there be a "court system" to judge
students who break rules? How many judges should there be? Should all class members take turns
being judges? What would be a reasonable punishment for breaking rules?
Tying it All Together: Have students observe various sports or other activities where safety
devices are evident. Discuss the special equipment needed as protection while playing certain
sports (baseball, football, ice hockey, etc.). Ask: What do you use to protect yourself when it is
very cold outside? What are the people who protect you from harm? (parents, firefighters, police
officers, government officials). Help students understand that the Constitution protects their
rights just as an umbrella protects them from rain. Explain to students that a symbol is a picture,
sign, sound or object that stands for something else. Ask: What bird is a symbol of the United
States? Why might an umbrella be a good symbol for the Constitution? Discuss other symbols the
students might know. Grade Level: High School
Overview: The highest law of the land in the United States is the Constitution. This is the basic
principle we want young people to understand and support in our social studies classes.
Associated with the knowledge of the Constitution are several fundamental ideas: checks and
balances, separation of powers, Bill of Rights and amendments.
Purpose: To encourage students to comprehend these points of emphasis and relate them to the
study of the three branches of our federal government. Several activities are described. The
culminating activity is the "Power Grab Game" given before the final test on the Constitution
Unit.
Objectives: Students will be able to: Identify the three branches of American government.
Describe the function of each branch of government. Explain how the "checks and balances"
system functions to protect the individual citizen from illegal power hungary politicians.
Describe how each branch of government is "separate" in its powers to the other branches of
government. Explain how the amendments to the Constitution function today.
Activities: The following ideas will prepare students for their explanation of the Constitution. The
Power Game--Checks and Balances in the Constitution--Divide the class into three groups:
Executive, Legislative and Judicial branches of government. Each student should have a copy of
the Constitution with them. In each round the teacher will give each branch of government an
opportunity for an unconstitutional "Power Grab". The remaining two groups have two minutes
to find proof from the Constitution (amendments included) by Article, section and clause, why the
power grab is unconstitutional. When a person thinks he finds the appropriate check he yells
"check". He must be prepared to respond with the answer immediately. If wrong, others may try
to block the grab for power within the two minutes, alternating between branches until the two
minutes are gone or the answer is correct. When checked correctly, the branch receives 10
points. If no one gets the correct answer, the branch grabbing power gets 5 points. No penalty
for wrong answers. A round is a question for each branch.
Power Grab 1:
Power Grab 2:
Power Grab 3:
Power Grab 4:
Power Grab 5:
Power Grab 6:
Power Grab 7:
Power Grab 8:
Power Grab 9:
Power Grab 10:
Resources/Materials Needed: A copy of the U.S. Constitution for each student.
Tying It All Together: The understanding and study of the Constitution can be interesting and
exciting to students when a variety of methods and activities are used. Teachers must constantly
be seeking new ways and materials to make their subject challenging and worthwhile. Continued
study and thoughtful discussion can help teachers to make the Constitution relevant.
Law Wise is published by the Kansas Bar Foundation during the school year. Published free, on
request, for teachers or anyone interested in law-related education, it is edited by Gayle B. Larkin,
Lawrence, (785) 865-3970. For further information about any projects or articles, contact Ron
Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka,
(785) 296-4872, or Eric Ward, Public Services Director of the Kansas Bar Association, Topeka
(785) 234-5696. Law Wise is printed at the Kansas Bar Foundation, 1200 Southwest Harrison,
P.O. Box 1037, Topeka, Kansas 66601-1037.
A Trial of the Century
A History of the Kansas Appellate Courts by Ron Keefover
For the Record Now Available
Resources at the Law-Related Education Inventory
Lesson Plan #1
You and the U.S. Constitution
An AskERIC Lesson Plan
Submitted by: Kim-Scott Miller
Activity 1. Introduce the Topic. Ask: What do you celebrate on your birthday? (the anniversary
of your birth) What other kinds of anniversaries call for celebrations? (weddings, special
occasions) What does our country celebrate on the Fourth of July? (its birthday-the anniversary of
the founding of the United States of America) Explain that our country is over 200 years old and
that once it became a country, it needed rules to follow. Display a copy of the U.S. Constitution.
Explain that this document tells the laws of our country. It lists our country's rules and the rights
of its citizens. Without much detail, point out certain parts of the Constitution that spell out the
three branches of government - Executive(The branch of government concerned with putting a
country's laws into effect.), Legislative(Having the power to create laws.), Judicial(Of or
pertaining to courts, judges, or the administration of justice.) - and how they balance each other to
keep power in check, the rights of citizens and how changes, amendments, can be made.
Lesson Plan #2
The U.S. Constitution Power Grab Game
An AskERIC Lesson Plan
Submitted by: Don M. Carlson
President: A serious economic crisis takes place in the U.S. The President decides to run for a
third term. (Amendment 22)
Congress: Congress passes a law taking 10% on lumber being exported. (Article I, Section 9,
Paragraph 5)
Courts: The Court rules that the government may not issue patents because of the need for
technological advance. (Article I, Section 8, Paragraph 8)
President: The President declares war on China. (Article I, Section 8, Paragraph 11)
Congress: Congress passes a low that people from Washington may not drive cars in Oregon
because of pollution. (Article IV, Section 2, Paragraph 1)
Courts: Since Washington D.C. is not in any state, residents there may not vote in national
elections. (Amendment 23)
President: The President appoints Dan Evans to Senator Adams' seat when he resigns due to a
personal scandal. (Article I, Section 3, Paragraph 2)
Congress: Congress impeaches Bush because he pardons North. The Democratic Congress uses
their anger to get him. (Article II, Section 4)
Courts: The Court rules that because of our large national debt, the U.S. can no longer borrow
money. (Article I, Section 8, Paragraph 2)
President: To fight terrorism, anyone found guilty of hijacking will be punished by having their
fingernails ripped off. (Amendment 8)
Congress: Congress decides that beards are illegal; anyone who wore one in the last year must
pay a $100 fine. (Article I, Section 9, Paragraph 3)
Courts: The Court decides that religion and politics don't mix, therefore; no government official
is required to take an oath of office. (Article II, Section 1, Paragraph 8 or Article VI, Section 3)
President: The President decides that Congress will meet in regular session on December 15 of
each year. (Amendment 20, Section 2)
Congress: Congress decides to impeach President Bush with the President Pro-Temp of the
Senate presiding. (Article I, Section 3, Paragraph 6)
Courts: The ambassador to Spain is brought home and tried in a New York court for crimes.
(Article III, Section 2, Paragraph 1)
President: The President orders that a mass murderer be sent back to Washington from Oregon.
(Article IV, Section 2, Paragraph 2)
Congress: A House member dies, the House takes four days off to mourn, but the Senate says
they can only have two days off. (Article I, Section 5, Paragraph 4)
Courts: The Court rules that the heads of departments may no longer make appointments of
inferior officers, but only the President of the U.S. (Article II, Section 2, Paragraph 2)
President: Paul Newman comes to town and cuts off the heads of all parking meter. President
Bush pardons him. (Article II, Section 2, Paragraph 1)
Congress: Congress passes a law naming 15 university students guilty of crimes against the
government - orders them expelled from school. (Article I, Section 9, Paragraph 3)
Courts: A male teacher sues over sexual discrimination by taking the case directly to the Supreme
Court. (Article III, Section 2, Paragraph 2
President: Your land is in the way of a federal highway, so the President takes your land without
compensation. (Amendment 5)
Congress: Congress passes a law that says you can sue your state in federal court. (Amendment
11)
Courts: The Court rules that income tax is illegal and you don't have to pay them. (Amendment
16)
President: The President orders that since all citizens over 18 want to vote for the President, they
may do so by popular vote. (Amendment 26)
Congress: Congress decides because of the contributions of Pete Rose in baseball, they will
honor him with the title, "Sir Pete Rose". (Article I, Section 10, Paragraph 1)
Courts: The Court rules that because of the difficulty of finding honest, law abiding they will
allow Senator Mark Hatfield be Secretary of Interior. (Article I, Section 6, Paragraph 2)
President: The President, concerned about drug violations in the state of Washington, allows the
Governor and Attorney General to suspend democracy for a period of one month. (Article IV,
Section 4)
Congress: Congress decides to change the Constitution to allow the President to be elected to
one term of six years. (Article IV or Amendment 22)
Courts: The Courts find Poindexter guilty of treason on the basis of testimony of Ollie North,
alone. (Article III, Section 3, Paragraph 1)
Terrific Technology
for Teachers
Court of Appeals Welcomes You