Civics Library Of The Missouri Bar

The Role of the Judiciary in a System of Separation of Powers and Checks and Balances

Objectives: 

  1. To reinforce the concepts discussed in the telecast on the role of the judiciary on a system of separation of powers and checks and balances.
  2. To demonstrate the role of judiciary in our system of government.

Suggested grade levels:  9-12

 Materials needed:  Handouts for and access to either a writing board or a flip chart.

 Procedures:

 1.      Distribute the student handout—What is the Role of the Courts in a System of Separation of Powers and Checks and Balances?  This is reprinted from the Constitutional Rights Foundation website (www.crf-usa.org from the Online Lessons section) with edits and additions provided by The Missouri Bar.

2.      Have the students read the handout either silently or together as a class.

 3.      As a class or in groups of three to four, have the students complete the charts on the student handout—Checks and Protections. The purpose of this handout is to show both the “separation” of the branches and the checks and balances between the judicial branch and the other two branches.

 Possible answers for legislative and executive checks on the judiciary: 

·        Missouri legislative checks on the judiciary include the power of the purse—each year the legislature decides the budget for every state branch and agency, including the judiciary.

·        Federal legislative checks include the power of the purse and the Senate must approve any federal judge nominated by the president. 

·        Missouri executive checks include the governor chooses appellate court judges, including Missouri Supreme Court judges, from a panel of three nominated by a special commission.  In Missouri, unlike the federal government, the chief executive—the governor—has line item veto and can veto all or parts of the judiciary budget.

·        Federal executive check is the power to nominate federal judges.

Possible answers for protections the judicial branch has from the other two branches of government:

·        Federal legislative protections—Congress cannot reduce a judge’s salary while he/she is on the bench, Congress may not nominate a judge—only confirm  a presidential nominee, the Congress has no control over the cases the Court hears and Congress cannot overrule the Court.

·        Federal executive protections--the president cannot demand loyalty from a judge he/she nominates and has no control over the cases that the Court hears.

·        Missouri legislative protections—The Missouri General Assembly has no part in selecting judges under Missouri’s Non-Partisan Court Plan and has no power over the cases that the Courts hear.

·        Missouri executive protections—the governor chooses a judge from a panel presented to him/her and does not nominate or choose judges and the governor has no control over the cases the Courts hear.

4.      Follow up activities: 

 a.       Distribute the student handout—The Least Dangerous Branch? or make it into a transparency and project it where all students can see it.  Have the students react to Hamilton’s belief that the judiciary will be the least dangerous to individual freedoms.  Discussion questions follow the quote on the handout. 

 b.  Do the case study of State v. Rowe.  (Attached)

 5.      Debrief:

 ·        What did you learn from this lesson?

·        What information do you still need?

·        Where might you go to find out this information?