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LAW WISE    

March 2003

Greetings from the Kansas Supreme Court and the Kansas Bar Association. The theme for this edition of Law Wise is A Summary of Landmark Cases.

• Calendar of Events
• Landmark Cases In Supreme Court History
• Law Matters
• Resources at the Law-Related Education Inventory
• Technology for Teachers
• Lesson Plan #1: Federalism, School Safety, and Congress
• Lesson Plan #2: How Much Do You Know About The Supreme Court?
• Peer Mediation and Youth Court Grants
• Appellate Courts Welcome You

Calendar of Events

The ABA has a free newsletter that contains information on law-related education. Law Matters, which reports on developments, ideas, programs, and resources in the field of public education about the law, is published three times each year (winter, summer, fall). For information on ordering, contact the ABA at (312) 988-5735 or abapubed@abanet.org.

Resources at the Law-Related Education Inventory

The Law-Related Education Inventory has the following items which might be useful in discussing the Supreme Court:

Constitution: A Framework to Govern the Nation. This video is geared for high school students and addresses the basic Constitutional framework. Includes a program guide and list of issues raised. Library number 342/C766.

This Honorable Court. This video includes interviews with U.S Supreme Court justices about how the court functions and is for elementary students. Library number 347.035/W53t.

The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog, call Btissam Touijer at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8:00 a.m. to 7:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at Darbymar@esumail.emporia.edu/

   Terrific Technology for Teachers

1. For more information on arguably one of the most important cases in history, Marbury v. Madison, go to http://writ.findlaw.com/commentary/20030224_grossman.html.

2. For a student handout about Marbury v. Madison created by the Minnesota Center for Community Legal Education at the University of Minnesota, click on http://www.ccle.fourh.umn.edu/marbury.pdf.

3. For two excellent websites with information on landmark cases, check out http://www.landmarkcases.org and http://supreme.lp.findlaw.com/supreme_court/landmark.html.

Lesson Plan #1:     Federalism, School Safety, and Congress

Grade Level: High school

Here is a lesson on federalism that a resource person could do in a class period by focusing closely on the analysis and discussion of the case itself (steps 4-10), or be done by a teacher in two or three class periods with a fuller discussion of federalism issues.

Background
In 1990, Congress passed a law that required schools to take certain steps to reduce violence. Federal funding was made available for schools to implement certain programs. Part of this law made it a federal offense to bring a weapon on or within 1,000 feet of school grounds. A case (see below) before the U.S. Supreme Court challenged the constitutionality of this law. A lower federal court agreed that the law was unconstitutional, not because it violated the Second Amendment or the Tenth Amendment, but because Congress exceeded its power under the Constitution's commerce clause.

Case Background
In United States v. Alfonso Lopez, the Supreme Court was asked to decide an issue of federalism. Basically the Court was asked to decide whether the federal government or the state and local governments should regulate guns on school grounds. If the Court found that Congress (the federal government) did not have the power under the commerce clause to enact the statute regulating guns, it would be the first time in more than 50 years that the Court declared unconstitutional a congressional law as being outside the powers granted by the commerce clause.

The constitutional history of the relationship of the federal government to the states for the last 50 years has been one which has seen an increase of powers given to the national government and a decrease in the protection afforded the states under the Tenth Amendment. The Lopez case may prove to be an important addition to the history of federalism.

Objectives As a result of this lesson, students will:

• Learn of federalism and Congress's power under the commerce clause
• Learn about the Supreme Court process
• Analyze Supreme Court opinions and develop a position on an opinion
• Develop student awareness of school-safety issues

Time Needed: 2-3 class periods for full discussion, 1 period for discussion of the case.

Materials Needed: Student Handout 1 (.pdf) and Student Handout 2 (.pdf)

Procedures

1. Have students look for news articles that discuss sharing of (or transfers of) power between the federal government and the states; increases in violence; and gun control. Crime and gun-control issues are in the news quite often. You may easily focus this lesson on the Supreme Court's role or the growth of the federal government following Franklin Roosevelt's New Deal in the 1930s.

2. Throughout the lesson, remember that vocabulary development is important. Make sure students understand any difficult words.

3. Tell students that this case involves the question of federalism. Define federalism, and relate it to current developments in the news. Inform students that the Constitution authorizes the Congress to make laws only in areas granted to it. Some lawmaking authority was left to the states. This division of authority between the federal and state governments is a major aspect of federalism.

4. Distribute the case (Handout 1) and two opinions (Handout 2) and read them together. Ask: What is the issue in this case? What must the Court decide? (The issue is whether Congress exceeded its commerce clause authority to regulate interstate commerce when it prohibited the possession of firearms near schools.) Have students decide whether they agree with Opinion A or Opinion B as well as why they agree. Conduct a poll by a show of hands to determine which opinion students agree with.

5. Divide the class into groups of five or six. Give each group an opinion to support. Each group should assign a recorder to write down the group's ideas and a spokesperson to report the arguments to the class. Have groups identify each argument in the opinion and rank the arguments from most to least important. Tell students they are free to add arguments supporting the opinion. If some students in the group do not agree with the opinion, ask them to think as lawyers would and to help defend the opinion.

6. Tell students that they have seven minutes to list the arguments. Circulate, giving any needed instruction, or prompt discussion with questions.

7. Begin class discussion by asking the spokesperson from a group supporting Opinion A to give its highest ranked argument. Next ask a spokesperson supporting Opinion B to respond to the argument given for Opinion A, and so on. As the arguments are being elicited, write them on the board under "Opinion A" or "Opinion B."

8. Continue the discussion, ensuring that students from each group have a chance to contribute. When the arguments have been exhausted, congratulate students on their analysis and respond to their arguments.

9. Explain that one of the opinions summarizes the Supreme Court's majority and concurring opinions. Ask students to identify which one this is.

10. Tell students that the Supreme Court decided this case in 1995 and held that Congress had exceeded its authority under the commerce clause in attempting to regulate a local activity-education-without providing factual findings that detailed the connection between the proscribed activity and interstate commerce. The Court noted that the Act could not be upheld as a regulation of purely commercial or economic activity because it did not relate to the business or commercial aspects of gun sales. The Court, however, observed that the act could be upheld if the conduct Congress sought to regulate could be shown to be substantially related to interstate commerce. While acknowledging this test, the Court rejected the government's efforts to provide the necessary substantial relationship between the possession of a firearm on school grounds and interstate commerce. The Court was unconvinced by the U. S. government's argument that firearm possession on school grounds would create violent crimes that would cost the national economy in one of two ways, either of which could provide the constitutionally required substantial relationship to interstate commerce. Following Lopez, Congress will now have to make findings that commerce will be impacted by the legislation. A finding is a determination of a bill's intended effect, often found in its preamble or in the records of debate.

The Supreme Court did not base its decision on either the Second or Tenth Amendments.

This was written by Frank Kopecky, a professor of legal studies at the University of Illinois-Springfield and editor of the Illinois State Bar Association Law-Related Education Newsletter. It first appeared in Update on Law-Related Education, 19.3, © 1995 American Bar Association. The lesson plan can be found on the American Bar Association's Division for Public Education website at www.abanet.org/publiced/lawday/schools/lessons/hs_federalism.html.

Lesson Plan #2:     How Much Do You Know About the Supreme Court?

Grade Level: 8-12

ABSTRACT
This exercise can be used as an introductory lesson on the Supreme Court. The ten true and false questions cover both pertinent information as well as information not normally covered in textbooks. The answer key is very important to the lesson as it will not only provide the answer but will also go into depth discussing the question further.

RATIONALE
This lesson is any easy introduction to Article III of the Constitution and provides a simple explanation of the Judiciary Act of 1789.

GOALS
Students will be introduced to the Supreme Court and understand the background of the Supreme Court and how it gained its position in the federal government. They will also gain an understanding of how the Supreme Court has changed since the Judiciary Act of 1789 and how its power has increased.

INSTRUCTIONAL TIME
40 minutes (If you find and read pertinent passages from the Constitution) Otherwise 30 minutes.

MATERIALS Handouts 1. Question sheet - "How much do you know about the Supreme Court?" 2. Answer key - "Answers- How much do you know about the Supreme Court?"

PROCEDURE

1. Handout the question sheet -"How much do you know about the Supreme Court." Ask the students to answer the questions on their own. Tell the students not to worry about their grade since they will be grading their own work.
   
2. Handout the answer key. Read aloud the answers asking the students to comment. Also ask students to read aloud answers. If students feel comfortable ask for a show of hands as to the number of correct answers for each question. If not collect and evaluate later. Check passages in the Constitution.
   
3. Have the students grade their own papers and turn in.

BIBLIOGRAPHY
Schwartz, Eleanor N. "Hard Traveling Justices." Constitution Vol. 2 No. 1 (Winter 1990) Walter, Bill. "I'll take it to the Supreme Court" Junior Scholastic Vol. 92 No. 10 (January 26, 1990)

HOW MUCH DO YOU KNOW ABOUT THE SUPREME COURT
True and False

1. The Articles of Confederation provided for a Supreme Court.

2. The first Judiciary Act passed on September 24, 1789 provided for a Chief Justice and 8 associate justices.

3. A justice is appointed for life and cannot be removed from office.

4. The first justices of the Supreme Court rode horseback in pairs visiting each state twice a year to assist in deciding cases.

5. The first Chief Justice was John Jay.

6. The Supreme Court must hear every case appealed from a lower court.

7. The Supreme Court only hears cases on appeal.

8. Today the United States is divided geographically into 50 circuit courts.

9. Decisions made by the Supreme Court can never be changed.

10. The Supreme Court plays an important role in shaping our country's politics, economics, morals and culture.

GRADING SCALE
100 - 90 = A
89 - 80 = B
79 - 70 = C
69 - 60 = D

ANSWER KEY
HOW MUCH DO YOU KNOW ABOUT THE SUPREME COURT

1. False
The Articles which helped to hold together the United States from 1781 until the adoption of the Constitution in 1789 did not provide for a Supreme Court but did authorize Congress to appoint Courts of Appeals in cases of naval captains, and appeals from state courts. In some sense this court was a precursor to today's Supreme Court.

2. False
The first Judiciary Act passed on September 24, 1789 provided a chief justice and 5 associate justices. In 1801 the membership was increased by law to 7, in 1837 to 9 and in 1863 to 10. In 1866, as part of the effort by Congress to curb the appointing power of President Andrew Johnson, a statute reduced the membership to 7 as vacancies should occur, and actually the court declined to eight members. But in 1869 an increase to 9 was provided, at which size the court has remained.

3. False
A justice is appointed for life, however, tenure in office is during good behavior, subject to expulsion by conviction or impeachment as provided in Article II, section 4 of the Constitution. Justice Samuel Chase who became justice in 1796 was impeached and acquitted in 1805. He continued to serve until 1811. By an act of 1937, a member of the court who has served for 10 years or more may retire with full compensation upon reaching the age of 70.

4. True
The Judiciary Act of 1789 organized the Supreme Court and system of inferior courts into 3 circuit courts: the eastern, middle, and southern. Each circuit was composed of states. The justices rode the circuits and complained greatly of the inconvenience. Robert Hanson, chief judge of Maryland General Court turned down an appointment to the Supreme Court because of the circuit rides. Justice James Iredell traveled the Southern Circuit covering 7,000 miles on horseback, stagecoach, or buggy in order to complete the twice yearly circuit visits. During the first 10 years of the court the six seats were filled by 12 different men.

5. True
Chief Justice Jay also suffered greatly as he rode the circuits. He suffered from painful arthritis to sore throats, and a facial cyst. He remained on the court until he was elected governor of New York in 1795. He is most known for the Jay Treaty of 1794 between the United States and Britain. This treaty attempted to correct the arising differences resulting from the Treaty of Paris of 1783 ending the Revolutionary War.

6. False
In 1988 the court received 5657 petitions, and heard 170 cases. Like most courts, the Supreme Court hears arguments from both sides. But there are no witnesses or jury. The nine justices make their decision by majority vote.

7. False
The court also has original jurisdiction in the following circumstances: controversies between states, between a state and the U.S. or between a state and citizens of another state, and cases affecting ambassadors, other public ministers, and consuls. In 1988 when Ferdinand and Imelda Marcos sought a delay in court proceedings their plea went to Justice Thurgood Marshall who presides over the 2nd circuit, made up of Connecticut, New York and Vermont. However, the majority of cases come to it from its appellate jurisdiction. To reach the Supreme Court a case must involve a principle of law or constitutional issue of far-reaching importance.

8. False
The Circuit Courts of 1789 have evolved into the courts of appeals and the name "circuit court" is no longer used. However, the U.S. is still divided geographically into 12 judicial circuits, including the District of Columbia, and each is headed by one of the nine Justices of the Supreme Court. A 13th "federal" circuit, with a national jurisdiction was established in 1982. It succeeded the United States Court of Customs and Patent Appeals and the Court of Claims and is headed by the Chief Justice. Chief Justice William Rehnquist and Justices William Brennan and Byron White each preside over two circuits. Find out what circuit you live in.

9. False
Decisions by the Supreme Court are final. They can be changed only by a subsequent Supreme Court decision or by an amendment to the constitution.

10.True
An example of this is the 1954 case of Brown v. Board of Education, in which the court ruled that segregated schools for black and white students are unconstitutional. The Supreme Courts interprets the constitution and guards it. in 1907 Chief Justice Charles Evans Hughes said, "We are under the constitution, but the Constitution is what the judges say it is."

This lesson plan is provided by The National Constitution Center's Warren E. Burger Repository of Lesson Plans, www.constitutioncenter.org and was written by Anna Strawn, Pearl City High School, Pearl City, Hawaii.

The Kansas Supreme Court is the highest court in the state, and includes seven members. Students are also welcome at oral arguments before the Supreme Court. The high court holds its hearings only in Topeka. The Supreme Court will be hearing oral arguments during the weeks beginning April 14, and May 27, 2003. If you have any questions concerning the Kansas appellate courts, or if you would like to bring your class to either the Kansas Supreme Court or the Kansas Court of Appeals, teachers may contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, 301 West 10th Avenue, Topeka, Kansas 66612-1507, (785) 296-4872, for assistance. You can also contact Mr. Keefover via email at keefover@kscourts.org.

Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers Trust Accounts funding, provides support for this publication. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Crystal Marietta, Pittsburg, (620) 231-5620. 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 Btissam Touijer, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696. Law Wise is printed at the Kansas Bar Association, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.